Chief Justice Iftikhar Mohammad Chaudhry said here on Saturday that the judiciary and 90,000-plus black-coated fraternity as well as the entire civil society "is ready to sacrifice everything" for upholding the Constitution and achieving rule of law.
He was speaking at the workshop on 'Orientation/consultation work on Access to Justice Development Fund' for the first time after his reinstatement as Chief Justice of Pakistan.
He said: "Last four months in our national history have changed something for ever. This is truly a historic moment. Let this opportunity be not wasted. The people of Pakistan are today looking towards the Bar and the Bench. Let's not fail them."
The CJ said: "Let's not allow any unconstitutional or extra-constitutional measures to disrupt the smooth sailing of the ship of our destiny. Let the Bar and the Bench provide a vision and a direction for realising the dream of achieving good governance and across the board accountability." He said: "Let's strive to make various institutions of the State to flourish in their own right to provide service to the people of Pakistan."
The Chief Justice said: "Let's together ensure the sustained growth of an independent judiciary and fearless media, for these two institutions are the guardians of public interest and rights."
He said: "Let bygones be bygones. However, let us seize this defining moment in our history wherein not only holder of a constitutional post has been restored to his office but the hope of a better future of the entire country stands revived."
He said: "The future is glistening with potential of providing level playing field to all citizens to rise to their level of abilities, where rule of law prevails and all citizens of this nation are treated without any discrimination, and where they are given the opportunity to decide how and who will represent them."
He said: "Let this Supreme Court of Pakistan be a symbol of hope for the vast majority of people of this land. Let this institution provide empowerment and voice to the teeming millions who had dreamt of a place where they could prosper and that dream was realised by the greatest constitutional lawyer produced in the entire Indo-Pak subcontinent - the indomitable Quaid-e-Azam Mohammad Ali Jinnah."
He said: "Let the people's right to have a State where no one dares to violate them; where no one forcibly deprives them of their property; and where no one gets away with any such acts. Let the people of Pakistan have a feeling that irrespective of their provincial, racial or regional identity, the courts of this land will offer them justice and ensure fair play in all facets of our national life."
Following is the full text of the CJP's speech, in which he virtually set out his judicial agenda as head of the Judiciary for the next six years. "Every civilised country in the world has developed various institutions. These institutions provide a national framework for carrying out the day to day affairs of an individual, a group, a society and indeed the entire nation.
"The interaction and interdependence of these institutions determines the environment in which a nation charts its destiny and life path and achieves its objectives and goals. The smooth and harmonious functioning of these institutions provides a secure and predictable environment within which the citizens plan their lives. These institutions can he grouped into three categories ie legislative, executive and judiciary and the constitution determines the structure and parameters for the systemic working at these institutions. They operate under the Constitution. What is a Constitution? It is defined differently. Thomas Paine defines it as:-
"'A constitution is a thing antecedent to a government, and government is only the creature of a constitution. A constitution is not the act of the government, but of a people constituting a government, and government without a constitution, is power without right'.
"The Constitution thus is a very important document strong and well functioning political, bureaucratic, judicial and civil society institutions and networks are a hallmark of a living society. Our founding fathers had also dreamt of such institutions to flourish in this state of Pakistan. Naturally, these institutions had to keep pace with the demands and aspirations of the people of Pakistan, which is the ultimate litmus test for success.
"Being the Chief Justice of Pakistan and as Chairman, Law and Justice Commission and National Judicial Policy Making Committee, I feel duty-bound to focus my attention on the judicial institutions and their capacity to respond to the legitimate expectations of our citizens.
"Unfortunately, because of many constitutional deviations in our national history, like other institutions, the judiciary also suffered decline. The judicial institutions could not develop a self-sustaining mechanism and credibility to consistently exercise power of judicial review at the apex level and provision of quick and cheap justice at the doorsteps of the people of Pakistan.
"But let bygones be bygones. However, we should draw lessons from our past history. Let us seize this defining moment in our history wherein not only holder of a constitutional post has been restored to his office but the hope of a better future of the entire country stands revived. The future which is glistening with potential of providing level playing field to all citizens to rise to their level of abilities. The future, where rule of law prevails. The future , wherein all citizens of this nation are treated without any discrimination, and where they are given the opportunity to decide how and who will represent them. A future, where justice is not delayed nor beyond the reach of ordinary people of Pakistan.
"Let this Supreme Court of Pakistan be a symbol of hope for the vast majority of people of this land. Let this institution provide empowerment and voice to the teeming millions who had dreamt of a place where could prosper and that dream was realised by the greatest constitutional lawyer produced in the entire Indo-Pak subcontinent - the indomitable Quaid-e-Azam Mohammad Ali Jinnah. Let this towering building of nation's apex court be an incarnation of our resolve to secure the rights of the people to be governed better.
"Let the people's right to have a state where no one dares to violate them, where no one forcibly deprives them of their property and where no one gets away with any such acts. Let the people of Pakistan have a feeling that irrespective of their provincial, racial or regional identity, the courts, of this land will offer them justice and ensure fairplay in all facets of our national life. Today, at this juncture of our history, I feel the need to reaffirm strongly that efforts to strengthen the judicial system of Pakistan shall continue with full vigour.
"In view of the arduous job of the judiciary, there is a need to strengthen the system of administration of justice. This requires finances. As we know, money makes the mare go. So finances are needed to strengthen the capacity of courts, especially subordinate courts. There is also a need for transparent recruitment, training, capacity building, adopting measures for delay reduction, interaction with other institutions and civil society organisations. The support and co-operation of the Bar is required. All these measures contribute meaningfully towards strengthening the judicial institution.
"Our vision and consequent strategy, therefore, focuses on meeting the legitimate public expectations about delivery of justice and administration of justice. We in the Supreme Court have taken a major step by establishing a Human Rights Cell for the redress of grievances. There has been an increase in public interest litigation, in the recent years, a trend which I expect would continue.
"We have been actively pursuing a strategy to reduce pendency in the Supreme Court as well as the lower courts. I am cognisant of the fact that if we are successful in our delay reduction strategy, it will be a great service to the general public who are much troubled and grieved by the delays in the dispensation of justice.
"Now let me turn to the Access to Justice Development Fund which is an important instrument for the improvement of the judicial system. This fund contains about 1.5 billion capital. This amount is not consumable. It is being invested and the profit generated is expended for providing access to justice. Law and Justice Commission of Pakistan is the custodian of this endowment/fund. It is a matter of deep satisfaction for me to say that Law and Justice Commission of Pakistan is the custodian of this endowment/fund. It is a matter of deep satisfaction for me to say that Law and Justice Commission has done a commendable job of drawing up a plan for utilising these funds for the over all development of institution of judiciary and legal empowerment in Pakistan. The special purpose fund, AJDF has seven windows which are Provincial Judicial Development, Legal Empowerment, Underdeveloped Regions; legal/Judicial Research, Federal Judicial Academy; Innovation in Legal Education and Fund Management.
"The legal empowerment window is an institutionalised arrangement and has the potential to serve as an effective tool to address vulnerability and problems faced by weak, poor and disadvantaged groups in the society through promotion of legal empowerment. You will appreciate that legal empowerment fund under AJDF is fully operational, which affords significant funding to professional association research organisation and NGOs working to provide legal aid and promoting legal rights awareness of citizens.
"I congratulate AJDF management for having initiated steps to enter into partnership with non-government organisations and professional associations for the promotion of legal empowerment across the country. I would like to share with you the fact that over 100 proposals for various projects under AJDF were received, out of which 19 were approved and over Rs 20 million were allocated to carry out those projects.
"I hope the present workshop will provide you a great opportunity to discuss various other aspects related to the development of judicial institutions rights from the grass-roots level up to the highest court of the land and suggest concrete and actionable proposals for their development.
"There is no short-cut to achieve national development and earn respectable name among the comity of nations. The only route to such success is the development of all national institutions at par which each other and working independently and within well-defined spheres for the sole objective of providing the people of Pakistan a safe and sound environment to plan and live their lives according to their dreams and abilities.
"Ladies and Gentlemen: "Last four months in our national history have changed something forever. For once we have proved Keith B, Callard, an American professor, wrong, when he said, and I quote.
"'No one is willing to die for the preservation of the Constitution in Pakistan'. "I feel proud to say that not only judiciary and 90 thousand plus black coated fraternity, but the entire civil society is ready to sacrifice everything for upholding the constitution and achieving rule of law.
"This is truly a historic moment. Let this opportunity be not wasted. The people of Pakistan are today looking towards the Bar and the Bench. Let's not fail them. Let's not allow any unconstitutional or extra-constitutional measures to disrupt the smooth sailing of the ship of our destiny. Let the Bar and the Bench provides a vision and a direction for realising the dream of achieving good governance and across the board accountability. Let's strive to make various institutions of state flourish in their own right to provide service to the people of Pakistan.
"Let's together ensure the sustained growth of an independent judiciary and a fearless media for these two institutions are the guardians of public interest and rights.
"I wish you all the best and hope that you will keep patronising the activities of Law and Justice Commission of Pakistan by participating in such-like workshops and keep providing your invaluable feedback for promotion of a healthy, vibrant, active and independent judiciary in Pakistan. I would like to end my comments by sharing with you a few words uttered by Sir Winston Churchill when he said, and I quote. 'It is no use saying " we are doing our best", you have got to succeed in doing which is necessary'.
"Thank you."