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The Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, has said that the Supreme Court has saved the country from disintegration, collapse and chaos several times in the past and put the derailed system back on track.
He said that the present Assemblies, Senate, and various offices of the civilian government were functioning because of the judgement of the Supreme Court in Syed Zafar Ali Shah vs General Pervez Musharraf case as the Apex Court validated the Proclamation of Emergency of October 14, 1999, subject to the condition that election would be held within a period of three years.
He was talking to the participants of National Defence College Course, in the Auditorium Hall of the Supreme Court of Pakistan here on Saturday, about the system of administration of justice, its functioning and the role assigned to the superior judiciary in interpreting the Constitution and the law.
He said that the superior courts are established and function under the Constitution, which is the supreme law of the land. "In a civilised system of governance, every act, every action and every decision has to be in accordance with the Constitution and the law," he added.
The Chief Justice said that under the Constitution of Pakistan, it is the bounded duty of the courts, in particular the Supreme Court, to ensure compliance with the letter and spirit of the Constitution.
He said: "In my capacity, as the Chief Justice of Pakistan, it is always my endeavour to ensure that every act and every action, whether it is of the legislature or executive or the judiciary, is fully in accord with the requirements of law and the Constitution. I am doing it because the Constitution casts this responsibility on the Supreme Court, and we the Judges have taken oath to preserve, protect and defend the Constitution."
He said that the constitution envisages the system of governance to be based on rule of law. "And, rule of law means that law is supreme and paramount; no one is above the law; every act and action or decision has to be in accordance with the law. Rule of law also means that everyone, no matter how high in status or power, is equal before law. So, there must be equality of rights and equality of opportunity and equality before law," he said.
Justice Chaudhary said that the Constitution of Pakistan guarantees fundamental rights and freedoms, which are equally and evenly available to all and are binding and enforceable. "They have to be respected and obeyed by all and sundry."
He said that it is the duty of superior courts to ensure that there is no violation, and if there is any, to grant immediate relief to the person aggrieved. "That is why the Constitution provides for the power of High Courts and the Supreme Court to issue writs of various nature."
He said that societies which are based on rule of law have developed and prospered; the law basically protects the weak and venerable; therefore the benefits of law must reach the common man, in particular the poor, downtrodden and underprivileged.
He said that he has removed several technical and procedural barriers and taken suo motu notice on private letters, newspaper reports and other sources to provide immediate relief to the poor since it is basic responsibility of all courts to provide justice to all and sundry.
Dr Faqir Hussain, Registrar, Supreme Court, gave a presentation on how the judicial system of Pakistan is organised and functions.

Copyright Business Recorder, 2006

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