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He asked the people of Pakistan not to vote for those political parties that are working to misguide people and promote anarchy. “In the existing circumstances, I want to make it clear that we have to be loyal to the state. Every citizen of Pakistan, even during his temporary stay in the country, has to be loyal to the state and the Constitution,” he added.
He said citizens loyal to the state would be protected under the Constitution; but if some doubts crop up about their loyalty or they do something against the country’s sovereignty, public order or propagates against the state, they will be dealt with in accordance with the Constitution and law.”
The CJ was addressing a big gathering of lawyers at the annual dinner of the Lahore Bar Association. Lahore High Court Chief Justice Umar Ata Bandial, judges of the Supreme Court, Lahore High Court and district judiciary were also present.
Addressing the highly charged lawyers, the CJ said every citizen had got the fundamental right to choose his representatives by the way of the vote. But he should abstain from voting for or forming a political party which supports anarchy in the country or commits an unconstitutional act.
He said the democratic system was restored in the country as a result of historic lawyers’ movement and the elected government was going to complete its tenure.
“Now no one would dare ambush or derail the system because the people had got better awareness about their rights,” he said and added that only chosen representatives had the right to rule the country.
The CJ said the Supreme Court, through various judgments, had directed the Election Commission of Pakistan to hold free and fair election and suggested that voting should be made compulsory so that a government would be formed in line with the will of the majority of the people.
He hoped the EC would try to adhere to the SC’s verdicts while holding free and fair elections in the coming months. The CJ said it was a constitutional obligation of the state to ensure citizens’ dignity and provide them with the right to freedom of assembly, association, trade, speech and information.
He said under Article 37(D) of the Constitution, the state was obliged to ensure inexpensive and expeditious justice to the people of Pakistan not as a favour but as a fundamental right. He said, however, this has not been adhered to as is the essence of the Constitution.
“We have sent a formal reference to the government asking for an increase in the number of judicial officers in the country but even after a lapse of many months no positive response has been received.”
The CJ said the courts had only applied the principle of rule of law while handing down judgments. Whether it was corruption in the government departments where billions of rupees were siphoned off or many more billions were saved and recovered, the courts also adhered to the Constitution and law.
The same principles were applied irrespective of the fact whether the accused was a small fry in the department or holder of the biggest office, he added.
Similarly, in cases related to the missing persons, no ‘ifs and buts’ were entertained and only the law was invoked before giving any judgment.
He said the time to compromise on justice on the pretext of state necessity was now long-gone. He said if other institutions and departments also play their due role, prescribed in the Constitution, there is no reason that we, as a nation, do not prosper.
About the National Judicial Policy, he said the policy had paid off many dividends in terms of the clearing of backlog and pendency of cases. He said so many judgments rendered by the apex court contained one common message that “everybody is equal before the law.”
The CJ said the denial of people’s rights had the potential to radicalise them and also make them vulnerable to the calls of unscrupulous elements, who might misguide them invoking the name of religion or other extremist ideologies.
Addressing the gathering, LHC CJ Umar Ata Bandial said the lawyers’ movement had proved that there would be only the rule of law in the country.
The CJ’s ‘no’ to a dictator gave a ray of hope to the people of Pakistan and the lawyers came up to their expectations. He said the goal of providing inexpensive justice to the masses was about to be achieved.”
In his welcome address, LBA President Ch Zulfiqar Ali requested the CJ to take suo motu notice of non-provision of funds to the bar councils and associations by the government. He also requested the CJ to help set up Lahore’s scattered courts at one place.
APP adds: CJ Iftikhar Chaudhry said Raza Rabbani’s report submitted to the parliament for the 18th Constitutional Amendment stated that the lawyers movement for the restoration of an independent judiciary had played a vital role in ousting the dictator from power.
He said that under Article (2-A) of the Constitution the country would be ruled through chosen representatives of the people. He said the present democratic government was completing its term in office due to the lawyers’ struggle and sacrifices.
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