No democracy can endure if a balance is not struck between freedom, security: CJP
June 24, 2014
KARACHI: Chief Justice of Pakistan Justice Tasadduq Husain Jillani on Monday said that expansion of fundamental rights jurisprudence has transformed the Supreme Court of Pakistan from a formal constitutional court to a Supreme Court with a “human rights face”, in which the essence of constitutional interpretation is people-oriented leading to the reconstruction of judicial power.
Addressing a dinner hosted by the Sindh High Court Bar Association at the SHC lawn, the chief justice said the Constitution and the laws of a country have socio-political purposes and said the function of law requires interpretation of the seminal principles of the Constitution i.e. providing inexpensive justice, freedom, equality, tolerance and the rule of law.
“No democracy can endure if such values are not realised in the lives of the people and if a balance is not struck between freedom and security,” he said.“The Supreme Court of Pakistan is not merely a court of law and a court to which one may approach for enforcement of a fundamental right. It is a court which under the Constitution is mandated to provide substantive justice,” he added.
“The constitutional pledge of providing inexpensive and speedier justice to people would remain an elusive goal if lawyers do not conscientiously endeavour to realize this constitutional goal,” he observed adding that lawyers are under an implied oath of their calling to play this social role.
He said Bars have played a pivotal role in defending the rule of law rather the rule of law cannot exist without an independent and conscientious Bar and an independent judiciary.Chief Justice said from 200 years of challenges to judicial independence, some fairly clear lessons have emerged. He said attacks on the judiciary throughout history are inevitably political as they are launched to express dissatisfaction with the content of particular judicial decisions. He said other attacks came from every point on the ideological spectrum, to limit judicial decision making and most important almost invariably challenges to judicial independence fail, because the public does not support them.
“Once the citizens of this country pay attention to the debate, they are approving judicial independence and disapproving attacks on it,” he observed. Chief Justice of Sindh High Court Justice Maqbool Baqar praised the Chief Justice of Pakistan for his landmark judgments in protecting the rights of the minorities of the countries. SHCBA President Z K Jatoi also spoke.
Addressing a dinner hosted by the Sindh High Court Bar Association at the SHC lawn, the chief justice said the Constitution and the laws of a country have socio-political purposes and said the function of law requires interpretation of the seminal principles of the Constitution i.e. providing inexpensive justice, freedom, equality, tolerance and the rule of law.
“No democracy can endure if such values are not realised in the lives of the people and if a balance is not struck between freedom and security,” he said.“The Supreme Court of Pakistan is not merely a court of law and a court to which one may approach for enforcement of a fundamental right. It is a court which under the Constitution is mandated to provide substantive justice,” he added.
“The constitutional pledge of providing inexpensive and speedier justice to people would remain an elusive goal if lawyers do not conscientiously endeavour to realize this constitutional goal,” he observed adding that lawyers are under an implied oath of their calling to play this social role.
He said Bars have played a pivotal role in defending the rule of law rather the rule of law cannot exist without an independent and conscientious Bar and an independent judiciary.Chief Justice said from 200 years of challenges to judicial independence, some fairly clear lessons have emerged. He said attacks on the judiciary throughout history are inevitably political as they are launched to express dissatisfaction with the content of particular judicial decisions. He said other attacks came from every point on the ideological spectrum, to limit judicial decision making and most important almost invariably challenges to judicial independence fail, because the public does not support them.
“Once the citizens of this country pay attention to the debate, they are approving judicial independence and disapproving attacks on it,” he observed. Chief Justice of Sindh High Court Justice Maqbool Baqar praised the Chief Justice of Pakistan for his landmark judgments in protecting the rights of the minorities of the countries. SHCBA President Z K Jatoi also spoke.
