LAHORE: Chief Justice of Pakistan (CJP) Umar Ata Bandial said that the judges could not blink their eyes if the Constitution mandated polls within 90 days of an assembly’s dissolution, adding that it was their duty to say that.
While speaking at a conference on minority rights here on Sunday at local hotel, the chief justice of Pakistan said, “When it comes to constitutional enforcement we must not blink our eyes. If it says 90 days for holding elections, it is our duty to say that and not our choice, instead of finding a reason why we should avoid saying that.”
He further said the matter was being called a controversy. “I’m sorry, I’m not worthy of controversy, I’m a very humble person. Please don’t say that you support us. I’m just one of the members of the Supreme Court. You must support the Supreme Court if you stand up for the law and the Constitution and not for any individual,” he maintained.
He made it clear that “the Supreme Court and its judges had no existence individually but “as a unit and as a constitutional organ and that is how we function”.
The important thing is when the Supreme Court speaks on merit then its judgment has moral authority. That becomes even more important when those judgments are not appealed or no review is filed then that means no one has any objection to the judgment. If a review is filed then it will be heard because no judgment is binding unless it becomes final. But if a judgment is not challenged then it becomes final so let’s see what happens now,“ the chief justice said. The chief justice spoke about the importance of upholding the constitution and protecting the rights of minorities.
He praised the contributions of Justice A R Cornelius, a former judge of the Supreme Court, who he said was a good jurist.
Turning his attention to Pakistan’s ongoing struggle with terrorism, the chief justice noted that the country had lost more than 80,000 lives in the war against terrorism.
The chief justice also spoke about the need for judges to have the qualities of Justice Cornelius in order to ensure justice was done. He added that the decisions of courts have moral authority and that protecting the constitution was one of the judiciary’s basic duties.
Justice Cornelius was known for his landmark decisions, including declaring the dissolution of assemblies by the governor-general as illegal in 1955. He also played a key role in lifting the ban on the Jamaat-e-Islami (JI) in 1964.
Chief Justice Bandial emphasized the importance of resolving issues through dialogue and promoting knowledge as a means of developing the country. He reiterated that everyone was subject to the law, and when the truth was avoided, justice was avoided.
CJP said he was optimistic that the nation’s leaders, institutions and people were all “committed to the Constitution”.
Referring to the negotiations between the government and the PTI, he said the apex court was informed that they had not concluded yet.
“We have nothing to do with that but at least they are conscious that they have a duty to comply with the Constitution and we are there to support that effort; otherwise the court judgment is there, it has a force of its own, it may not be implemented today but it will last to the test of time and shall be implemented tomorrow,” the chief justice pointed out.
Concluding his speech, CJP Bandial said: “The implementation bench is always there so file an application and let’s see what happens.”
He said the Constitution assured freedom to profess religion and to manage religious institutions subject to public order and morality.
“Our Constitution in Article 21 safeguards against the taxation of any particular religion. So for no particular reason can other religions be taxed,” he said. “Article 22 safeguards educational institutions in respect of religion. No religious instruction or ceremony in any educational institution other than one’s own religion.”
The chief justice added that no citizen could be denied admission on the grounds of caste, race, religion, place, or birth to educational institutions which received aid from public revenues.
“Constitution says everyone is free to profess their religion, and all citizens have equal rights and yet for years our minorities have felt discriminated, marginalized and sidelined he added.
“In 2014, SC under CJP Tasaduq Jillani took up this challenge and came up with directions to protect the rights of minorities. Directions about curriculum, to ensure there is no hate speech against religions, establishing taskforce and special police force to protect places of worship, education quota in institutions were given.”
CJP Bandial highlighted how for many years these directions were carried out by former police officer Shoaib Suddle, a court appointee.
Today the minorities see that judgment as an umbrella for their rights, he said, shedding light on how incidents of violence against minorities over sectarianism had also diminished.
He made it clear that Islam did not appreciate sectarianism, citing a few Quranic verses out of the several that talk about it.
“It is said to leave these differences to God, What you have to do is do good deeds, and for others who do bad deeds, just inform them to not do it. Just advise. You don’t have to be violent or aggressive, he highlighted.
He gave reference of how the Holy Quran stated that there was no compulsion in religion and it was a person’s own will and wish.
“In another chapter, it is said do not denigrate the deeds of other faiths. Let them do their religious deeds,” he said, adding that in another chapter it is said that due to the intervention of Allah for the protection of worship places of other faiths, the people who were fighting and confronting did not destroy the religious place because Allah intervened to protect them. This is the right of worshippers.
Copyright Business Recorder, 2023
Comments
Comments are closed.