The Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said that breakdown of institutions leads to instability and disruption of the society, while denial of justice spreads anarchy, violence and destruction.
Addressing the lawyers and political parties' workers at District Courts in the wee hours on Sunday, he said that judiciary, indeed, needed support of the society, and particularly it required assistance of free, independent and strong bars for provision of justice and resolution of disputes.
Speaking about the sanctity and significance of constitution, the CJP said: "Constitution of a state is the fundamental law and a source of unity and stability." He stressed need for implementation of the constitution in "its true spirit" in order to make the country a true democratic state. He also highlighted the role of institutions and their functioning within the constitutional limits and said that the constitution of a state was its fundamental source of unity and stability.
Making a mention of political breakdowns and abrogation or suspension of the Constitution, he said that there were multiple factors and causes which led to the frequent disruptions in the democratic process of Pakistan. "But, overall, the judiciary has also remained the subject of intense discourse," he said, adding that "the judiciary in my opinion has generally struggled to minimise the duration of constitutional deviation in the country." Moreover, the constitution envisions a system of fair, free and impartial elections and to achieve this goal sets up an independent election commission for holding elections.
Apart from prescribing method and procedures for the constitutional offices, the constitution also provides for the qualification for membership of the elected bodies and their tenure, the CJP observed.
According to him, such safeguards were aimed to strengthen the democratic institutions and strengthen their capacity to perform these functions. "The doctrine of separation of powers, coupled with the system of checks and balances, further empowers the democratic institutions to play their full and effective role. As long as these golden principles are observed there is no question of conflicts between the state organs."
The CJP also spoke on the protection of rights and interests of the citizens and said it was the democratic process which strengthened the rule of law and would protect and promote the fundamental rights and thus should enable the judiciary to play its vital role to ensure compliance with the constitutional provisions.
He said that the countries, which followed the rule of rule of law could better fulfil this responsibility. "Democratic process strengthens judiciary, which in turn promotes rule of law and provides strength for the continued functioning of democratic institutions," he viewed.
Earlier, the motorcade of the CJP arrived in the district courts from the Allama Iqbal International Airport after travelling for over 12 hours, amid slogans "Go Musharraf, go," and "No to dictatorship." As many as 10,000 chairs had been arranged for the occasion, and they were fully occupied, and many lawyers and a large number of activists of political parties had to stay in shamianas. Their patience was really commendable as they remained present there during the whole night to listen to the address of the CJP.
When the chief justice came under the shamiana, he was showered with flowers and the lawyers in excitement tried to raise the CJP onto their shoulders. The convoy of the chief justice, starting at 2-30 pm on Saturday from the Allama Iqbal Airport, Lahore, reached the district Kutchery at 3.30 am Sunday morning.
He was accorded warm welcome at various places on the way in Lahore. The people receiving him included a large number of activists from various political parties, including Muslim league (N), Jamaat Islami, Tehrik-e-Insaf, Pakistan Labour Party and other political parties.
APP ADDS: Justice Iftikhar Muhammad Chaudhry has said that restoration of constitution as well as democracy are indispensable to put Pakistan on the path to progress. He stated this while addressing Lahore Bar Association at District Courts here early on Sunday morning. He, however, cut short his speech owing to rain and storm that hit the provincial capital at that time. He said that no system, except democratic, could augur well in Pakistan for which restoration of the Constitution of 1973 was must.
He observed that Constitution is the fundamental part of the country's law as it sets and defines parameters of each and every government institution under which they cannot interfere in each other's professional affairs. All citizens of Pakistan irrespective of their status are bound to abide by the Constitution and the writ of the country, he added. The constitution, having complete trust by the entire nation, also secures human rights, which ensure formation of a civilised society, he added.
He called upon the lawyers' community to continue their struggle till the independence of judiciary and complete revival of 1973 Constitution. He further said that lawyers never hesitated to give supreme sacrifices and face hardships for rule of law. He thanked the LBA and lawyers for according him a very warm welcome as well as waiting for a long time even in the rain. Earlier, Aitezaz Ehsan and Ali Ahmed Kurd also addressed the gathering.