Judicial independence must operate within constitutional domain: CJP

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said that the Constitution guarantees independence of judiciary and prevents executive's interference but the judicial independence must operate within the constitutional domain assigned to it.
The independence of judiciary was axiomatic in every society. The judiciary kept a close watch to supervise and protect the fundamental rights of the citizen as enunciated in the constitution to uphold the rule of law, he said while addressing the inauguration ceremony of National Judicial Conference here on Friday.
He said, "The Courts flung into action the moment such rights are violated and appropriate proceedings are initiated for enforcement. When we talk about the judicial independence it must operate within the constitutional domain assigned to it."
He said the competence of judiciary could be measured through its decisions and approach. "It is the duty of every State functionary to uphold the rule of law and strict adherence to the Constitution. When the state functionaries transgress their authority, then the Court has to invoke its power," he said, adding "It can only happen if we have honest, committed and independent judiciary to uphold the rule of law."
He also admitted that the delay in the litigation not only caused agony and sufferings to the litigants but also adversely affected the socio-economic activities in the country. Further dilating upon the issue the Chief Justice said that justice in Islam was a sacred obligation, which was to be performed in conformity with the dictates of Allah in most sincere and purposeful manner.
The administration of justice in Islam was divine duty. It was well settled legal principle that justice was not only to be done but it should be seen to be done, he added. He said, "The ultimate purpose of justice is to ensure peace, amity, tolerance and contribute for the welfare of people."
All the stakeholders involved in the administration of justice whether Judges, member of the Bar, Law Officers or Prosecutors, were duty bound to dispense justice and uphold the supremacy of rule of law and constitutionalism, he added.
He stressed that no system in the world could survive or achieve the desired results, if it had not been reformed with changing needs of the society.
He said an impartial and independent judiciary was the cornerstone of our Constitution and had to play vital role in eliminating exploitation of justice. "An independent and efficient Judiciary ensures social justice and good governance in the society. It provides a platform to aggrieved citizens to seek justice at their doorstep," he added.
The purpose of the Public Interest Litigation was to uphold the confidence of public on the judicial system by providing socio-economic and political justice to all citizens and especially to downtrodden sections of society, he added. He said "It is also necessary to pass on the benefits of law to the common and especially the poor, vulnerable and marginalised section of society."
About objective of the Conference he said it provided an opportunity to all of them to revisit the National Judicial Policy to discuss the contentious issues, on the basis of the past one year experience and to suggest reforms and innovation.