ISLAMABAD: Chief Justice Iftikhar Mohammad Chaudhry has said that the right to life and security entail protection against any threat emanating from internal or external aggression and it is also the fundamental responsibility of the court to ensure that no damage is caused to the solidarity, integrity and sovereignty of the state of Pakistan.
He was addressing at a Full Court Reference held in honour of retiring Justice Mohammad Sair Ali, on Friday.
Elaborating his views, Chief Justice Iftikhar said it was the singular duty of the apex court not only to enforce the freedom of life of people but also to ensure that complete quality of life was provided to the citizens of Pakistan.
“On numerous occasions, the apex court has held that the state should provide an enabling environment wherein the citizens are provided with appropriate wages to enjoy good health and to be able to live a comfortable life,” he added.
He said fundamental rights had so much importance that under Article 8 even laws made inconsistent with or in derogation of fundamental rights could be declared as void.
He said this was what empowered the superior courts to exercise the power of judicial review in legislative and administrative enactments and actions. Thus, any law or action contrary to the Constitution was declared as null and void.
Chief Justice Iftikhar said various Articles of the Constitution envisaged the enforcement of fundamental rights coupled with such case law as the famous Shehla Zia case in which the court significantly extended the scope of Article 9 of the Constitution.
“It held that no person could be deprived of his life or liberty, save in accordance with the law. Although, the word “life” had not yet been defined, it did not mean nor could be restricted only to the vegetarian or animal life or mere existence from conception to death. Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally,” he added.
Further elaborating role of the Supreme Court, he said its role was further highlighted when under Article 146 (3), 152 and 159 (4) of the Constitution, the Chief Justice of Pakistan was entrusted with the power to appoint the arbitrator in cases of administrative relations between the federation and the provinces and issues of broadcasting.
“The instances of such powers and confidence reposed in the judiciary can only be discharged if it is free and independent and the decisions are made in the constitutional spirit without any fear, favour or ill-will though heaven may fall,” he added.
He said by adhering to the dictates of the Constitution, our nation could achieve political stability, economic development and attain rightful and honoured place amongst the nations of the world.
“Whether it is the Parliament, the Executive or the Judiciary, the Constitution has set limitations for every institution. The armed forces too are bound to perform functions as entrusted to them by law and the Constitution. Under Article 245 they have to defend Pakistan against external aggression or threat of war under the directions of the federal government. They are also under obligation to act in aid of civil power when called upon to do so. The armed forces of Pakistan perform the very noble function of defending the country,” he observed.
He said the apex court would continue using its powers in the best interest of the nation and within well defined parameters set by the Constitution.
No obstructions towards independence of judiciary and rule of law would be tolerated in performing the sacred duty of administration of justice, he added.
To another subject, he said that they were aware that after the historic judgment of July 31, 2009, many consequences had flown including the removal of judges from the superior courts.
“Many incumbent judges of the superior judiciary were made to leave, while in case of Balochistan, the entire High Court stood vacant. But this is the price one has to pay for establishing the rule of law and supremacy of the Constitution,” he added.
He said that the principle of rule of law had been considered to be the foundation of a civilised society which ensured application of laws without any discrimination.
It was precisely for this reason that on November 3, 2007 a seven-member bench of the Supreme Court in Wajihuddin Ahmed’s case, passed an order restraining the Government of Pakistan, i.e. President and Prime Minister of Pakistan from undertaking any action, which was contrary to the judiciary’s independence.
