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Tuesday March 19, 2024

Life is to fight for one’s right

By Amir Riaz
April 22, 2018

LAHORE: Chief Justice of Pakistan (CJP) Justice Saqib Nisar on Saturday said the life was for raising voice personal rights but anyone trying to speak for that wasn’t allowed to speak.

The chief justice said he did not have any personal agenda or populist approach. “I curse personal agenda, populist approach, populism, a populist judge,” he said.

The chief justice said he and his fellow judges would step down if democracy was attacked and an attempt made to impose martial law in the country, adding that only democracy could prevail in Pakistan.

“I have said earlier that I will resign from my office if any attempt to impose martial law is made. Today, I am telling you that all the 17 Supreme Court judges will leave with me if anyone attacks democracy or tries to impose martial law,” the chief justice said.

“Who is going to impose martial law and who will allow doing so?” he asked.

Speaking at the 80th death anniversary of national poet Allama Muhammad Iqbal at the Aiwan-e-Iqbal in Lahore, Chief Justice Nisar said the judges could not even comprehend the idea of a judicial martial law as it did not exist in the Constitution of Pakistan.

He said the true essence of the “respect the vote” slogan lied in serving the masses and providing them with basic rights. “The respect of vote that is being talked about…it [will be achieved] when the people are served,” he added.

What was wrong with judiciary providing basic rights to the people, the chief asked and added that vote was respected when people were given their fundamental rights as per the Constitution.

The country’s top judge remarked that there was no room for martial law in either Constitution or anyone’s minds and said Pakistan had been a result of continuous struggle and countless sacrifices. “We didn’t get Pakistan as charity or gift.”

Chief Justice Nisar said formulating laws was a responsibility of the legislature, adding that no laws in line with modern requirements had been added to the Constitution.

Lamenting that the vision of Pakistan has been shattered, the top judge said, “Had Quaid-e-Azam been alive today, the condition of the country would have been significantly different. “How unlucky are those who don’t have a land of their own?” he remarked.

“The nations which don’t have a country of their own are very unfortunate. How can anyone be ungrateful towards their own homeland?” he remarked. “We are present here because of this country,” he added.

“Your judiciary is totally independent. As the father of the institution, I promise you to not come under anyone’s pressure. I am astonished to see media persons talking about martial law. Who will impose martial law?” he questioned, adding that Jinnah only advocated democracy.

Expressing displeasure over the state of education, Chief Justice Nisar said, “Education is of prime importance to me. The countries which have Harvard and Oxford universities have progressed much further. But here, the institutions are being demolished and people are being deprived of their basic rights.”

He said, “Here we see 80-kanal area of Punjab University being handed over to the government for a grid station.”

The chief justice said the right to education was essential and should be given to everyone. “It is the right of my nation to demand education. Health is important for life,” said the chief justice.

“Give them [the students] education so that they can be empowered,” he said, adding that he would not be able to forgive himself if he failed to perform his duty.

The top judge then stated that the state of hospitals in Khyber Pakhtunkhwa and Punjab was unsatisfactory. “There are no ultrasound machines in hospitals, no female staff in Khyber Pakhtunkhwa for an ultrasound. The hospitals do not have CCU wards,” he said, adding, “These are fundamental rights and should be provided to the citizens according to the Constitution.”

The top judge also added that the judiciary would fight for people’s rights and the two most important elements of a progressive nation were leaders and education. “I am in contact with all institutions and courts and we are reviewing progress,” he said further.

The chief justice said people turned to courts when oppressed and there were several cases pending. He added that cases could not be dealt with swiftly because of multiple factors. “Justice needs to come from our mind and not from computers,” he added.

“Transfer of property, the law of land acquisition, and other laws are outdated, swift justice is expected with outdated laws. We deal with ordinary cases and then are alleged for not taking cases regarding these issues. I am the chief justice of the masses and of the state,” he added.