Constitution allows judiciary to regulate state machinery

ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry said on Sunday that it was often misunderstood that the judiciary acted against the measures and steps of the executive, but it is the constitution which provided this important role to the judiciary to regulate the state machinery.Addressing participants at the concluding ceremony of the National Judicial Conference, he said that the judiciary was an important pillar and backbone of the state.He said, “If the judiciary is vibrant, dynamic and independent, it will not only provide strength to other institutions of the state but also establish our credentials in the comity of nations.”“An independent judiciary is a prerequisite for a stronger nation,” he said, adding, “The judiciary can be stronger only if all the stakeholders show an absolute commitment, dedication, character, professionalism and vision to work in a mission to face the difficulties and meet the challenges.”

He said all the stakeholders in the justice delivery system should act in harmony, and work in cooperation so that the system could be healthy and effective.The CJP said that constitution of a state determined the independence and autonomy of every organ of the state, yet subjected to certain limitations and restrictions.He said that in a democratic society bulk of litigation increases with growth in population and awareness of the legal rights. “Our constitution stresses upon the right to life, liberty, property and also guarantees freedom of thought, expression, profession,” he said. He said that the judicial system had earned a reputation of great integrity since the lawyer’s movement. “People’s confidence was evident from increase in litigation. These expectations require more sense of responsibility, both on the part of the bench as well as the bar,” he added.He said that it was the result of winning confidence of people that bulk of litigation had increased. “Delay, although inevitable due to inadequate strength and capacity of the courts, yet is of great concern,” he said.He was of the view that the judiciary had special role to play in achieving socio-economic goals while maintaining their independence, the judges had to be aware of the social task of achieving socio-economic justice for the people.