Judiciary can interfere if institutions cross limits

[Lahore_Real_Estate]

* CJP says judiciary to ensure all institutions work within ambit

* Praises parliament for not endorsing Nov 3 steps

By Masood Rehman

ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Tuesday said that state institutions should function within their legal ambits. “However, if any institution crosses its limits, then the judiciary has the authority to intervene,” CJP Chaudhry said, while speaking at a ceremony organised at the Supreme Court to mark the start of the new judicial year.

He added that superior court judges were under a solemn oath to “preserve, protect and defend the constitution”. “The constitution provides a system of separation of powers, based on the principle of checks and balances. The strength and beauty of this system is that each constitutional organ carries out its mandated role in a fair and objective manner,” the chief justice said.

“Full care is invariably taken by judges to avoid encroachment in the domain of other functionaries of the state and they are guided by the fullest and keenest sense of responsibility while adjudicating upon such a matter,” the CJP said.

He said courts respected and supported the democratic institutions, elected officials and public functionaries and helped them fully perform their functions.

“Our salvation lies in maintaining inter-institutional harmony and working in unison for the common good and general welfare of the people to achieve progress and move on the democratic path,” he added.

Parliament praised: CJP Chaudhry praised the present parliament for not endorsing and indemnifying the unconstitutional steps taken on November 3, 2007 by a military ruler. “Judiciary ought to be the catalyst for change: a change for the better that would strengthen democratic norms and improve governance and help the country move on the path of socio-economic and political development,” the chief justice said.

He said whenever courts interfered to nullify an act, contrary to law or the constitution, governments felt offended and annoyed.

“In the National Reconciliation Ordinance (NRO) case, the court examined the ordinance on the touchstone of various articles of the constitution and declared that its provisions violated the constitution,” the chief justice said.

“No other criteria or benchmark will be followed other than ensuring the rule of law, supremacy of the constitution and jealously safeguarding the rights of the citizens as enshrined in the constitution,” CJP Chaudhry added.