New Judicial Year 2017-18 on Monday objectified the feeling of Chief Justice Mian Saqib Nisar to serve the people across the board under the Constitution by rendering verdicts in the fine scale of justice. "We serve the people of Pakistan and we serve the Constitution of Pakistan to the best of our understanding and ability. We do not write judgments to please, we do not write judgments to settle scores, we render judgments in the fine scales of justice," Chief Justice Mian Saqib Nisar said.
Chief Justice Mian Saqib Nisar expressed that independence of judiciary means the judges must be independent from all kinds of influences, be it executive or by any other person or authority in the echelons of power. On the occasion, Attorney General for Pakistan, Vice-Chairman Pakistan Bar Council and President Supreme Court Bar Association also addressed the gathering.
Chief Justice Mian Saqib Nisar said that a true democracy is the rule of law for which the independence of judiciary is a sine qua non, adding that an independent judiciary administers justice according to the dictates of the Constitution and the law, and ensures protection of fundamental rights with a view to achieving the ultimate goal of ensuring social, economic and political justice.
He stated the Constitution provides system of governance to be run by Executive, Legislature and Judiciary. He said the Constitution is supreme and every state organ has to perform its duties and functions in accordance with the constitutional scheme. The Chief Justice of Pakistan further said under the Constitution, the judiciary is vested with the power to undertake judicial review whenever any authority or functionary of the state acts ultra vires of the Constitution or the law.
He said that from September 1, 2016 to August 31, 2017 a total of 19,488 cases were instituted in the Supreme Court offices in Islamabad, Lahore, Karachi, Peshawar, and Quetta. He gave some suggestions to reduce the backlog and also stressed upon the need for good relationship between the bench and bar. He said that Human Rights Cell of apex court received 29,262 complaints last year; and it disposed of 29,657 complaints.
However, some senior lawyers of the apex court while talking to Business Recorder said that Chief Justice of Pakistan Mian Saqib Nisar should reshape judicial policy with contemporary approach through developing a mechanism in order to stop police atrocities in the country so that the force should be made accountable for its illegal acts.
They proposed that for achieving best results in criminal justice system there should be a 'National Police Ombudsman' office to provide independent and impartial investigation into complaints against police or a Director Human Rights Cell of the apex court should be appointed in every district to deal with such complaints exclusively.
Attorney General for Pakistan Ashtar Ausaf said, "We must establish a mechanism of institutional dialogue to bring about the sort of exchange of ideas that can transform our justice delivery system as we know it. "Free exchange of ideas never compromises the independence or separation of state institutions - rather, it can only develop a greater understanding of themselves, and each other."
He said that trichotomy of powers and parameters of the executives, judiciary and the legislature are clearly demarcated. The recent event, however, has not augured well for this trichotomy as well as development of constitutional democracy. "We witnessed confluence of these factors when the political issues were brought before this court, leaving parties without the right of appeal," Ashtar Ausaf said. The Attorney General for Pakistan added, "The last 12 months have also exposed another kind of divide, one that strikes at the integrity of legal processes in the eyes of the international legal community, and one that we all must commit ourselves to bridging."
"In an ever-increasing number, international courts and tribunals have commented upon the order passed by our judiciary and have found that international best practices have not been adhered to. Some of the judgments by our court have led to proceedings before the international fora that have in turn awarded damages to investors in billions of dollars and billions more are pending in claims against the state," Ashtar Ausaf concluded.