Tuesday, 8 Sep, 2009

ISLAMABAD, The start of the new judicial year of the Supreme Court 2009-10 has provided a unique opportunity of airing controversial sentiments like the Chief Justice of Supreme Court lamented the pressure exerted on the judiciary to endorse the nominees for judges, Attorney General and to urge the courts to 'adjudicate instead of ruling', whereas Ali Ahmed Kurd commented that 'nothing has changed'.

Addressing the opening ceremony of the new judicial year of Supreme Court 2009-10, the Chief Justice Iftikhar Muhammad Chaudhry shared some startling facts and said, "The level of deterioration in the institution (judiciary) can be well judged from the events, which have occurred since the commencement of the process of selection of the High Courts judges.

No one can imagine the amount of pressure exerted upon the constitutional consultees for selecting certain individuals, but by the grace of Almighty Allah no one succumbed to this pressure." In addition, he said that some aspirants went even to the extent of sending their resumes for the appointment, whereas some of the candidates opted to appear for an interview before one of the consultees without realizing the importance of the duties for which recommendations have been made.

On the occasion, the Chief Justice urged the members of the Bar to maintain the illustrious tradition of the profession. In an attempt to shun the impression of judicial activism, he said that this court had never claimed to be above the constitution. He added that the court had neither claimed any supremacy, nor tried to interfere in the jurisdiction or functions of other organs of the state.

He added, 'When they exceed their authority or fail to play their role, the court cannot ignore its constitutional role in relation to protect the fundamental rights of the people and save them from the high handedness of the administration.'

The Chief Justice paid homage to those judges, who stood against the dictator (Pervez Musharraf) and refused to support his unconstitutional steps. Addressing the opening ceremony, Attorney General, Sardar Latif Khan Khosa, said that the greatest success in the courts was achieved when they operated on the margin rather than at the center of political controversy.

Khosa further said that the court must provide legal redress against exercise of arbitrary power and abuse of discretion. At the same time it should not overlook the fact that its duty is to adjudicate not to rule. It must keep the balance between liberty and order.

The AG suggested that women should be appointed to serve at all levels of the superior judiciary, including the Supreme Court, as no woman had been appointed yet at the apex court in Pakistan. On the occasion, Ali Ahmed Kurd, President Supreme Court Bar Association (SCBA) said, "In my view nothing has changed so far, ...the same practice and the same attitude of judges from top to bottom is evident."