Justice Qazi Faiz Isa for adherence to democratic principles
Karachi: Supreme Court Judge Qazi Fae Isa on Saturday stressed the need for adherence to the democratic principles laid out in the constitution in order to maintain national integrity.
Speaking at a ceremony in Karachi, he said the Quaid Azam had also made it clear that Pakistan would be a democratic country. He said it was also stated in the preamble of the Constitution that keeping the democracy intact is a duty.
"If we continue to follow those principles, our national integrity would remain intact. He said the preamble also mentions the independent judiciary.
The Supreme Court judge, who is facing a Presidential Reference in the Supreme Judicial Council, said it was incumbent upon those drawing salaries from people's taxes to abide by the Constitution.
In a reference to the independence movement, Justice Isa further added that Pakistan was created by people with an ideology who convinced others of their point of view and made the impossible, possible
He said that the founding fathers of the nation had also provided the country with a mechanism with which to sustain and protect the independence of Pakistan.
Referring to some constitutional clauses, he said the judiciary ensures the basic human rights by implementing those provisions.
He said If any person or an institution violate basic human rights, the judiciary will have the right to prevent them.
He said the history was witness to the fact that people's basic human rights are violated when institutions crossed their limits.
He said with the arrival of General Ayub and the Yahah Khan basic democratic norms were ignored which ultimately led to dismemberment of Pakistan.
Justice Isa noted that ensuring the provision of basic human rights to the citizens of Pakistan was the duty of the superior courts. "If a state body encroaches upon the rights of citizens, the judiciary must intervene."
"The judiciary makes sure that every state institution works within their constitutional limits. If a state body oversteps their limit, there is a danger that the country might break-up."
The judge added that the enemies of the country could take advantage of a situation in which the voice of one man tramples upon the voices of a nation made up of hundreds of millions of people.
He said judiciary also should not cross its limits . Institutions and countries strengthen when they learn from their mistakes. "Instead of pointing fingers at others I would first talk about my own institution,” he said.
Criticizing the Supreme Court orders regarding a stay order against mobile phone taxes, he said the apex court had suspended the taxes under 184 (3) on an anonymous complaint.
He said the period during which the court kept the mobile taxes suspended caused loss of Rs100 million which cannot be recovered now.
He said higher courts need to issue orders in accordance with the Constitution and the law.