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Tuesday April 23, 2024

Courts can’t announce verdicts to please anyone: CJ

By our correspondents
December 11, 2016

Says courts are completely independent, not under any pressure; LHC CJ says self accountability necessary for progress of institutions; Justice Saqib Nisar says they don’t have unrestricted powers to decide matters

LAHORE: Chief Justice Anwar Zaheer Jamali on Saturday said pressure was unacceptable and they could not issue judgments to please anyone.

He stressed the need to learn from the past mistakes and said no institution should cross its limits, adding that the judiciary had the authority to review any law made by the executive. Speaking at the Judicial Conference organised in connection with the 150th anniversary of the Lahore High Court (LHC) at Aiwan-e-Iqbal, the chief justice said judiciary had to intervene to fulfil aspirations of the people, if other institutions failed in performing their duties. “It is need of the hour to cope with bribery, black marketeering and cronyism,” he added.

“Supremacy of law is necessary to maintain peace, protection of rights and welfare of the society. All responsibilities are on the shoulders of the judiciary," Chief Justice Jamali said. “To fulfil its responsibilities, the judiciary needs cooperation of the bar,” he said, hoping that the bar would stand by the bench in executing the responsibilities.

He said from magistrates to the judges of Supreme Court, all courts were independent and dispensing justice without any pressure. The role of the LHC judges in interpretation of law could not be ignored, the chief justice said.

The chief justice said that it was vital for prosperity and financial progress in society that the rule of law and good governance are ensured. However, it was  regrettable that sayings of the Quaid-i-Azam had been forgotten, who had said that it was the topmost priority of the government to remove injustice, corruption,  and other evils from the country to ensure peace and protection of people’s rights.

Appreciating the LHC anniversary celebrations, he said such events played an
important role in developing institutions. “In this way, any institution can improve its performance by controlling mistakes and shortcomings of the past.”

The chief justice-designate, Justice Saqib Nisar, said delivering justice, not disposing of cases, was the duty of a judge, adding that the judges did not have unlimited powers and they have to perform within the limits of law. He hoped that decisions of the LHC in future would be better than those of other high courts like in past.

Justice Mian Saqib Nisar said that it was our duty to decide the matters in accordance with the law. A judge has to decide a case in accordance with the law and this is a mandate given to him  in the constitution, he added. “We do not have unrestricted powers to decide matters,” he added.

LHC Chief Justice Mansoor Ali Shah stressed the need for having a collective thinking. “Institutions should have priority over individuals. Individuals are important but not that important that institutions could be ignored,” he said, adding, “We have to make principles for the betterment of the system.”

He said self accountability was necessary for the progress of institutions, which should not be compromised. He said there should be coordination among all institutions and problems should be resolved through dialogue. “All institutions should stay in their limits keeping progress of the country as supreme,” he noted.

He said judges were custodian of the public during court timings and should resolve to utilise the time for the welfare of people. The Supreme Court and LHC judges and chief justices of AJK, Gilgit-Baltistan Appellate Tribunal and Federal Shariat Court attended the conference.

Chief Justice Syed Mansoor Ali Shah thanked all the participants and said that it was the right time to discuss and decide on the future course of action and strengthen the institution. He said that the accountability was most important to take the institution forward and it could not be compromised. He further emphasised pursuance of merit in the institution.

Apex court judges including Justice Asif Saeed Khan Khosa, Justice Amir Hani Muslim, Justice Umar Ata Bandial, Justice Ijaz-ul-Ahsan, Justice Manzoor Ahmad Malik, LHC Judges, Chief Justice Azad Jammu & Kashmir, Chief Justice Gilgit Baltistan Appellate Court, Chief Justice Federal Shariat Court Sheikh Najam-ul-Hassan, Balochistan High Court Judge Justice Yahya Khan Afridi, former president Rafique Tarar, former CJ Irshad Hassan Khan, former CJ Iftikhar Muhammad Chaudhry, former CJ Tassaduq Hussain Jillani, former LHC CJ Khalil-ur-Rehman Khan, former LHC CJ Syed Zahid Hussain, former LHC CJ Syed Jamshaid Ali Shah, Governor Punjab Rafique Rajwana, former Punjab governor Sardar Latif Khosa, Pakistan Bar Council representatives, Punjab Bar Council representatives, Lahore High Court Bar representatives, district bars’ representatives, tehsil bars’ representatives, lawyers and a large number of delegations from colleges attended the ceremony.

Attorney General for Pakistan Ashtar Ausaf, Advocate General Punjab Shakeel-ur-Rehman Khan, Lahore High Court Bar President Rana Zia Abdur Rehman, Justice (R) Nasira Javed Iqbal, former president Supreme Court Bar Association Syed Ali Zafar, District and Sessions Judge Lahore Nazir Ahmad Gujana, Chairman Punjab Information Technology Board Dr Umar Saif, Prof Yaqoob Bangish, LUMS Dean Martin Lau, Advocate Salman Akram Raja, Australian law expert Dr Livingston Armatage, Fouzia Waqar and additional registrar Lahore High Court Abdul Nasir addressed the ceremony. 

The celebrations of the LHC’s 150th anniversary started on Nov 1, which included seminars, cricket matches among judges and courts staff, setting up of a courts museum, visit of school children to different district courts, and paintings and essay writing competitions.