ISLAMBAD: The Supreme Court noted that to disregard or delay the implementation of its judgments is to challenge the very framework of legal system; therefore, the individuals or entities have no other choice but to implement them to uphold the constitution and strengthen democracy.
A three-judge bench, headed by Justice Syed Mansoor Ali Shah and comprising Justice Athar Minallah and Justice Malik Shahzad Ahmad Khan observed that while hearing the petitions of former employees of National Bank of Pakistan (NBP) for not implementing its judgment.
The bench in a review upholding its 25.09.2017 judgment in March 2024 had ordered the bank to pay pension to 11,500 retired employees within a month.
A three-page written order noted that the NBP president had acknowledged that 11,000 pensioners or more have to be paid pension in pursuance to the judgment of this Court dated 25.09.2017. The NBP’s counsel submitted that 764 pensioners have already been paid, and the payment to the rest of the pensioners is under way.
The order maintained that it is imperative to underline that in a constitutional democracy, the rule of law is not just a principle but the bedrock upon which the legitimacy of governance rests.
It held that the Supreme Court of Pakistan, as the apex judicial body, is entrusted with the profound responsibility of interpreting the law, ensuring justice, and upholding the Constitution. Its orders are not merely recommendations or advisories; they are legal mandates that must be followed.
The Court stated that these decisions are the culmination of rigorous legal scrutiny and deliberation intended to reflect the values and laws of the land. When this Court renders a verdict, it does so as the ultimate interpreter of the Constitution. “To disregard or delay the implementation of such verdicts is to challenge the very framework of our legal system,” he added.
The compliance with judicial decisions is not a matter of courtesy but a constitutional requirement that safeguards this balance. Non-compliance not only disrupts this delicate equilibrium but also sets a dangerous precedent that could lead to executive overreach.
Additionally, the implementation of these orders is crucial for maintaining public confidence in the judicial system. Courts are seen as the defenders of rights, the arbiters of disputes, and the interpreters of laws. If their decisions can be easily ignored or sidestepped by the individuals or entities, it undermines public trust in the efficacy of the judiciary and, by extension, the entire government.
This erosion of trust can lead to a lack of faith in the processes that govern citizens’ lives and, ultimately, in the democratic system itself. The importance of implementing these orders cannot be overstated, and it is imperative that the institutions recognise that it has no other choice but to comply.
The law of contempt is a critical tool in this context. It serves to enforce court orders, ensuring that the judiciary is respected and that its decisions are not taken lightly. The power to hold individuals or entities in contempt for failing to comply with a Court order is fundamental to the judiciary’s ability to function effectively.
“Without this power, the judiciary would be rendered toothless, unable to enforce its decisions, thereby jeopardising the administration of justice. The individuals or entities have no other choice but to implement the judgment of the Court, for in doing so, it upholds the Constitution, strengthens democracy, and preserves the public’s trust in justice and the rule of law.”
The order maintained that while processing cases of the pensioners for payment of their pension as per its judgment certain factual verification of some of the pensioners is required. “We don’t want this Court to be burdened with this exercise, which is primarily the function of NBP,” said the order.
The Court directed that in order to streamline the process, let the president NBP depute a senior officer of the bank as a focal person to ensure the implementation of the judgment of this Court dated 25.09.2017 in letter and spirit and where required, grant a hearing to the concerned pensioner.
“Let the said nominee, keep this constitutional understanding (abovementioned) in mind and expeditiously implement its judgment by ensuring that the pensioners are fully paid at the earliest. The NBP senior officer directed to submit a compliance report before the next date of hearing, and adjourned the case until 15.10.2024.
Copyright Business Recorder, 2024