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Chairman Federal Public Service Commission (FPSC), former judge Supreme Court, Rana Bhagwandas on Thursday described NRO as `bad law', saying it has been declared as illegal and void by the 17-member bench of the apex court and the government too, did not defend it. He dispelled the impression that the apex court was attending the cases of corruption by the politicians only rather, he said the apex court is also attending other cases of public interest.
In his lecture at Bahria University on "Why do we need fair and independent judicial system", the former judge said an independent and pro-active judiciary can only guarantee the crime-free society and justice can in no way be compromised and polluted if judges observe impartiality and enjoy job security. He said through their independent, impartial opinion and kind conduct, the judges must earn public respect, which ultimately would strengthen their confidence in judicial system.
He stressed for positive and constructive role of lawyers' community to enrich the image of judiciary in public and emphasised that they must be kind with their clients and avoid misleading them. The FPSC Chairman said the judges cannot make decisions on their personal preferences and must take any decision observing merit and making the legal arguments a basis for that.
Responding to a question of a student, Rana Bhagwandas disagreed that the apex court is intervening in the matters of executive, saying that judges are supposed to protect fundamental rights of the people and if they find any violation, they can act pro-actively in purview of the constitution. He quoted a historic incident when Britain was being bombed by the Germans in the Second World War and Churchill was told about the death and destruction and how almost all economic activity had collapsed.
Churchill asked, "Are the Courts functioning?" When told that the judges were present in the courts, dispensing justice, Churchill replied, "Thank God. If the Courts are working, nothing can go wrong." He said the judges are also not immune to criticism but that should be within reasonable restriction imposed by law, adding they can also be removed as per procedure prescribed under the law.
To a question, he said the abolition of NAB and Federal Shariat Court may trigger unforeseen controversy rather there is need to improve their functioning. When questioned if there was any threat for suspension of judges, Bhagwandas said he does not foresee any reoccurrence of such an adventure that was strongly opposed by lawyers, civil society and media.

Copyright Associated Press of Pakistan, 2010

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