Chief Justice Mian Saqib Nisar has said Supreme Court and other superior courts are guardians of the fundamental rights of the people of Pakistan and are duty-bound to enforce those rights.
According to a press statement issued by PRO office Supreme Court, the Chief Justice said this while addressing the participants of 25th anniversary of the adaptation of the Constitution of the Russian Federation, International Conference and VIII St Petersburg International Legal Forum (STILF), which will continue from 15th to 19th May, at St Petersburg.
He said judiciary being one of the important pillars of the state is mandated to ensure fundamental rights; otherwise, these rights seem to be obscure and false.
All the courts should have one trait i.e. to dispense justice. He emphasized that there should have been competent and capable judges in the courts with the authority to decide cases independently as per oath of a judge and to enforce fundamental rights of people.
In Pakistan there are two basic provisions of law, which cater for the enforcement of the fundamental rights. Article 199 of the Constitution confers upon high courts in four provinces with the powers of writ jurisdiction. The high courts have the special jurisdiction to enforce the fundamental rights and this jurisdiction of the high court cannot be amended.
Another provision in Constitution of Pakistan says if there is breach of fundamental rights and that matter pertains to direct fundamental rights breach or public importance leaving upon any application having been made by anybody in the public interest litigation, any representative without their locus standi can approach the Supreme Court of Pakistan for the enforcement of that fundamental rights for the others and this exercise is called as suo motu jurisdiction.
There are so many cases in which Supreme Court has recently taken suo motu jurisdiction and effective orders have been passed for the people of the Pakistan, especially the downtrodden segment of the society that does not have the means to approach of court of law.
Earlier, he said the earth is unique in the universe due to availability of life. There are foundational rights conferred by Allah Almighty on human beings. These rights developed a life. The reasons for developed life are education, good leadership, strong adjudication and rule of law.