Daily Times

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday said fundamental rights were sacred and the state was not allowed to make any law which abridged these rights.

“The Supreme Court under Article 184(3) of the Constitution has been bestowed with the power to enforce fundamental rights,” said the Chief Justice.

He added that Justice Amir Hani Muslim in a judgement had stated that the court had powers to pass appropriate orders in spite of the fact that there may be an alternate remedy and that the discretion of the court was manifest from the use of the word ‘consider’ in Article 184(3) which was a key enabling the court to make an assessment regarding the exercise of its jurisdiction.

“This interpretation by my learned brother (Justice Hani) clarifies the true import of Article 184(3) of the Constitution,” said the CJP.

He was addressing the full court reference held to bid farewell to Justice Amir Hani Muslim, who retired from his office on attaining the age of superannuation.

Attorney General for Pakistan (AGP) Ashtar Ausaf, Pakistan Bar Council (PBC) Vice Chairman Ahsan Bhoon and Supreme Court Bar Association (SCBA) President Rasheed A Rizvi were also present.

The CJP added that rule of law was fundamental for the economic, political and social development of a society and was not limited to the protection of individual rights and resolution of disputes in accordance with law but also included an independent and effective judiciary, safeguard against abuse of power and a law-abiding government.

“The goal of an egalitarian society cannot be achieved without establishing the rule of law within government institutions. This can be achieved through the elimination of corruption, nepotism and discrimination within institutions and strict adherence to the Constitution and law,” said the chief justice of Pakistan.

The AGP in his address lauded Justice Hani’s contributions to Pakistan’s jurisprudence.

“He (Justice Hani) is unforgettable for the people of Pakistan, and his services run the entire gamut of human achievement: a jurist that fought for the right of clean water for our citizens, uphold integrity in our professional services, and eliminate the scourge of nepotism and irregularity from our public bodies,” said Ausaf.

He added that when pitted against the most gratuitous acts of corruption, Justice Hani was an idol-smasher: never wavering in his resolve to remake this land into a fairer, gentler place.

The SCBA president also lauded the services of Justice Amir Hani Muslim for the country’s jurisprudence.

“Justice Amir Hani Muslim played on the front foot. His enduring legacy will rest on delivering some very bold judgments creating a new jurisprudence,” said Rizvi.

He shed light on the judgement against illegal appointments in Islamabad High Court (IHC) and said that a writ was issued striking down the unlawful orders of Administration Committee of IHC. He added that a judge of this court had resigned but the legal fraternity was still waiting for full implementation of the judgement.

On the occasion, Rizvi also criticised the military courts, saying, “Military justice is justice denied and military courts have never been nor will be an answer to defeat terrorism. Our past experience has proved that summary trials without lesser opportunity to the defence cannot effectively counter terrorism.”