CJ says good governance being compromised

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry said on Tuesday that good governance is being compromised as it is believed that the administration of justice is the sole duty of courts or the legal fraternity.

He expressed these views while addressing the full court reference held here at the Supreme Court building in connection with the retirement of Justice Sardar Muhammad Raza Khan, who reached superannuation on Tuesday.

Justice Iftikhar said the administration of justice, in a country like Pakistan, is considered to be the sole duty of courts or the legal fraternity. Therefore, he added, for such a wrong notion, the allied institutions have “started feeling relaxed” and as a result good governance is being compromised.

“According to our constitutional scheme, the government comprises three basic organs — the legislature, the executive and the judiciary. When any of these organs becomes ineffective or does not work according to its constitutional mandate, it will result in lack of good governance”.

Chief Justice Iftikhar said the judiciary’s duty is to preserve and protect the Constitution, interpret laws, enforce fundamental rights and settle disputes. “Without an independent, impartial and effective judiciary, a civilised society is hardly conceivable. In the same way, a legal system without the legislature is inconceivable. A country cannot claim to have good governance without providing easy, affordable, speedy and impartial justice to the people,” he said, adding a sound judicial system and good governance are keyfactors in stability and economic growth of a country.

The chief justice said the judiciary’s main concern is to strengthen the institutional framework for the rule of law, and to command public respect and remain independent and sensitive to the sufferings of the people. “Good governance can only be achieved by adhering to these principles,” he added.

Acknowledging Justice Sardar Raza’s professional contributions, he said: “His services as a judge of the superior courts for advancing the cause of justice would be remembered for years to come and will continue to provide immense benefit to the country.”

“I had an opportunity to work with Justice Raza after his elevation to this court during which I found him a balanced person. He has brought a unique combination of talent and experience to ensure the highest quality of decision-making. He has a heart full of respect for his colleagues and members of the bar. His behaviour in court was cherished by his patience with counsel and litigants.”

Justice Iftikhar said Justice Raza’s judgments manifested careful attention to issues, no matter how complicated they were, with dedication to answering all points raised in a case. Justice Sardar Muhammad Raza Khan, while thanking all participants, said it was the right time to be impervious to the executive, the public opinion, the media and politicians. “In my very humble view, the time today is much more difficult than what it was three or four decades ago. In the last about three years, the judiciary has undergone the worst of the history’s crises and that is why the judicial norms need to be guarded,” Justice Raza added.

“May Allah give us the will and strength to be steadfast,” he said.Attorney General Anwar Mansoor Khan, Pakistan Bar Council Executive Committee chairman Chaudhry Nasrullah Warraich and Supreme Court Bar Association President Qazi Muhammad Anwar also paid tribute to Justice Sardar Raza for his professional commitment and discharge of duties in conformity with the rule of law and the Constitution.

Online adds: Justice Sardar Muhammad Raza Khan retired from the Supreme Court at the age of 65 on Tuesday. According to a private TV channel, Justice Raza was performing duty as a judge in the Supreme Court for the last eight years. Two posts of permanent judges have fallen vacant in the apex court after the retirement of Justice Raza Khan.

Copyright TheNews 10.2.2010