CJ-designate says judiciary to cope with
challenges to democracy; Full Court reference
held in honour of Chief Justice Jamali
ISLAMABAD: Chief Justice of the Supreme Court (SC) Anwar Zaheer Jamali on Thursday observed that corruption was rampant in national institutions. On the other hand, SC’s Chief Justice-designate Justice Saqib Nisar said the judiciary would cope with all the challenges facing democracy.
Justice Anwar Zaheer Jamali said that the performance of the Judicial Commission of Pakistan constituted under the 18th Constitutional Amendment for appointment of judges of superior courts, was better than the procedure followed four to five years ago.
The incumbent CJ said whenever a new institution was established, it faced some problems. However, he claimed that the performance of the Judicial Commission on appointment of judges was now better than before.
He was addressing a Full Court Reference in his honour on his retirement due on December 31. Justice Mian Saqib Nisar would replace him as the CJ. Jamali also dispelled the impression given by the Supreme Court Bar Association (SCBA) and Pakistan Bar Council (PBC) that the Supreme Judicial Commission (SJC) was almost non-functional. He said that it was a forum under Article 209 of the Constitution that heard matters relating to complaints against the judges of the superior courts.
SCBA President Rashid A Rizvi and Dr Farogh Nasim, while addressing the reference, raised objections to the performance of the Judicial Commission of Pakistan and non-functional of Supreme Judicial Council.
The CJ said that recently on December 13, progress had been made in five cases pending with the SJC. He said if any judge committed violation of law and the Constitution, the CJ under Article 209 was authorised to take action against such judges.
He said the apex court received about 70 to 75 applications daily out of which 95 percent applications were admitted for regular hearing. He said that as compared to the last four to five years, the appointment of judges was better adding that they had asked parliamentarians to remove the misunderstandings that were developed among the institutions and hoped that it would be resolved.
He added that a committee had been constituted to examine the laws of the Judicial Commission of Pakistan that were amended. Attorney General for Pakistan Ashtar Ausaf, PBC Vice Chairman Farough Naseem, SCBA President Rasheed A Rizvi also spoke on the occasion and paid tribute to Justice Jamali.
Speaking on the occasion, the CJ-designate Justice Mian Saqib Nisar vowed that the judiciary would not tolerate corruption anywhere as it had never encouraged or tolerated the menace.
He said that corruption tainted the very fabric of the society and the state. The act of corruption by state actors was a big fraud on the powers of the executive and the judiciary, both vital organs of the state.
"To end corruption, very honest actions and vigilance are required," the CJ-designate observed. He added that besides cleansing own house, the judiciary would play its role for eradication of corruption from other organs of the government. He said the Supreme Court would ward off any challenge to democracy as the judges of the superior courts had taken oath to preserve, protect and defend the Constitution.
The CJ-designate said, “It is our promise that the Constitution will be protected in letter and spirit. “There is need to resort to Alternate Dispute Resolution (ARD), a very effective mechanism adopted by many countries. If not possible now to adopt it straightaway, we can introduce it gradually.
“In order to provide effective and speedy justice, it is expedient that the methods and mechanism of investigation must be improved by resorting to modern tools and techniques such as greater use of forensic science and DNA profiling.
“One of the most important components of democracy is the independence of judiciary. This in turn is necessary for upholding the separation of powers, the rule of law and human rights. It is important that the judiciary of a country should be impartial and free from all sorts of external pressures and influence, only then can the public have confidence in their decisions."
“The apex court while exercising the jurisdiction under Article 184 of Constitution often examined the executive actions of state functionaries and passed effective orders," he said.