COMPLETE TEXT
ADDRESS BY
HON’BLE MR. JUSTICE
IFTIKHAR MUHAMMAD CHAUDHRY
CHIEF JUSTICE OF PAKISTAN
To
THE MEMBERS OF THE
HIGH COURT OF BALOCHISTAN
BAR ASSOCIATION
QUETTA
ON 12 JULY, 2012
PRESIDENT HIGH COURT OF BALOCHISTAN BAR ASSOCIATION;
WORTHY OFFICE BEARERS;
MEMBERS OF THE BAR;
LADIES AND GENTLEMEN!
ASSALAM-O-ALAIKUM!
It is an honour and a privilege for me to address the esteemed members of High Court of Balochistan Bar Association. I am thankful to all of you for a very warm welcome given to me on my visit to Quetta for the Court session for hearing of very important cases pertaining to the life and liberties of the citizens. Indeed, our mutual interaction is aimed at strengthening the relationship between Bench and the Bar. It is an established fact that the Judiciary of any country cannot impart justice without proper assistance of the lawyers. I have always felt a great pleasure to spend time with members of the legal fraternity. The time so spent with the members of Bar further enhances our vision and we come across with thoughts of the experienced professionals through such meetings. The inner voices of the legal fraternity reach the concerned corners without any hindrance and formalities. In this way, we are acquainted with the problems of the legal fraternity. Furthermore, it greatly helps us in formulating the future course of action for further improvement and achievement of an effective and efficacious system of administration of justice.
Ladies and Gentlemen:
Lawyers, being part of the educated and law knowing segment of the society, have earned great respect and honour. But this honour has brought certain responsibilities on their shoulders. These responsibilities are twofold. On the one hand, they have to assist the courts in achieving the prime object of administration of justice, and on the other, they have to share the responsibility of upholding rule of law in all circumstances.
As far as “justice” is concerned, it might be a worldly affair for other religions, but in Islam, it is a sacred obligation. In Islam, “justice” is considered to be an attribute of Allah Almighty and its administration is considered to be a religious duty. The fortress of justice in Islam is unassailable because of its impartiality. Everybody is treated equal before law, irrespective of his position in the society. Allah Almighty has ordained in the Holy Quran:
“O you who believe, be maintainers of justice, bearers of witness for Allah, even though it be against your own selves or (your) parents or near relatives -- whether he be rich or poor, Allah has a better right over them both. So follow not (your) low desires, lest you deviate. And if you distort or turn away from (truth), surely Allah is ever aware of what you do.”
The Courts have responsibility to impart justice. However, the courts alone cannot impart justice without proper assistance of the lawyers, who are the officers of the court. The well prepared lawyers with their logical arguments assist the courts to achieve the ends of justice. This noble profession demands continuous learning to perform the sacred duty of dispensation of justice.
Being torch bearers and respectable members of the society, the other important role of the lawyers is to strive for upholding the rule of law. They are supposed to raise the voice against oppression and violation of rights of the people. Of course, to be dealt with according to law and to get the fruits of justice, is the right of every member of the society. In this regard, the unprecedented and unique lawyers movement has taken the country to such an exalted place from where it is destined to shine on the globe, Inshallah. The well targeted professional lawyers having the blend of the vigour of youth and wisdom of experienced professionals have attained such a position, which no one could attain by sudden flight. Almost every one has recognized the contribution of lawyers for their struggle of rule of law and constitutionalism. However, the story would be incomplete if the sacrifices of the civil society and the media are not appreciated. Recently, in May 2012, the International Council of Jurists has conferred an award upon me, in recognition of contribution in the rule of law and administration of justice, which is indeed recognition of the struggle of lawyers and the citizens participating in the movement.
According to Islam, the social and economic status of any person is of no significance in the dispensation of justice. When we talk of “rule of law”, then we only talk of the domination of law and not of men. The following Hadith of our Holy Prophet (PBUH) establishes the principle of rule of law with regard to the nepotism and accountability.
Narrated ‘Aisha: The people of Quraish worried about the lady from Bani Makhzum who had committed theft. They asked, "Who will intercede for her with Allah's Apostle?" Some said, "No one dare to do so except Usama bin Zaid, the beloved one to Allah's Apostle." When Usama spoke about that to Allah's Apostle, Allah's Apostle said: "Do you try to intercede for somebody in a case connected with Allah’s Prescribed Punishments?" Then he got up and delivered a sermon saying, "What destroyed the nations preceding you was that if a noble amongst them stole, they would forgive him, and if a poor person amongst them stole, they would inflict Allah's Legal punishment on him. By Allah, if Fatima, the daughter of Muhammad (my daughter) stole, I would cut off her hand."
Ladies and Gentlemen:
The role of judiciary in the dispensation of justice is incomplete without mutual supportive and cooperative role of lawyers; they are the strategic partners. Bench and the Bar have to keep a healthy relation based on mutual respect, cooperation and professionalism. Lawyers must themselves become a model for the rule of law and constitutionalism. If they themselves do not follow the law, then their slogans may become empty, devoid of any force to influence others and any deviation from their code of conduct would bear a black spot on the whole community.
We should keep in mind that this struggle for the rule of law and independence of judiciary is not only restricted to a particular era. It is evident from the history of every nation that this struggle is an ongoing process and an eagle’s eye is required for the protection of rights of the people. As the fruits of rule of law are for every person living in the society, therefore, the responsibility of saving the country from any unconstitutional adventurism is also upon every person in the society. However, being the torch bearers of the rule of law, people of Pakistan expect from the lawyers that they will remain at the forefront of every struggle. This is not the story of our country only, in other corners of the world also, bars are considered to be a ray of hope for the supremacy of the rule of law and constitutionalism. Mr. Justice Michael Kirby, the President, Court of appeals, New South Wales, in his article on “The Judiciary and the Rule of Law” said, and I quote:
“It is the fearless support of the judicial independence by the Bar that gives hope in the future for the supremacy of the Constitution and the Rule of Law”.
The supremacy of the Constitution and rule of law demand that all the organs of the State should function within their prescribed and well settled limits provided by the Constitution and law. The Constitution provides elaborate provisions for the system of administration of justice, including its establishment, powers and functions, etc. Judiciary has been entrusted with the power to adjudge the validity of the legislative and executive actions on the touchstone of the Constitution. Supreme Court of Pakistan being the apex Court of the Country is aware of its responsibilities and shall always administer justice and safeguard the fundamental rights. We have taken oath to preserve, protect and defend the Constitution of Pakistan and to dispense justice without fear or favour, affection or ill-will.
Ladies and Gentlemen:
After restoration of the judiciary, we were greatly concerned about the improvement in the system of administration of justice. Therefore, the National Judicial Policy was formulated in consultation with all the stakeholders of the system of administration of justice. Its main features included eradication of corruption, independence of judiciary, reduction of backlog of cases, etc. Improvements have been made continuously in this policy considering the ground realities and feedback from the stakeholders. The policy was not imposed, rather it was implemented as a unanimous decision of all concerned. This may be one of the reasons of its success that every person engaged in the system finds reflection of his own thoughts in the document. After implementation of this Policy, the rate of disposal of cases has improved significantly at the levels of the Superior as well as District Judiciary.
I am sure lawyers will congregate always for upholding the rule of law and would serve the profession as a high calling. Here I recall the words of Mr. Clarence Darrow: -
“I have lived my life and I have fought my battles, not against the weak and poor – but against power, injustice, against oppression.”
Thank you.
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