By Sarah Peracha
Legal Affairs
First Time in History, Top Judge addresses senate.
1:33:00 AMFor the first time in the history of Pakistan, a serving Chief Justice of Apex court is addressing the Senate today. Chief Justice Mr. Justice Anwar Zaheer Jamali has addressed senate on Tuesday, 3rd of November, 2015. Chief Justice Anwar Zaheer Jamali is the 24th Chief Justice of Pakistan and he will be the first judge till yet of the superior judiciary who is going to address the Senate Committee to give recommendations to the government on speedy justice in Pakistan. For this, the upper house will be transforming itself into a committee of the whole house.
According to sources, This was announced by Senate Chairman Raza Rabbani during a Senate meeting on Monday, that Chief Justice Anwar Zaheer Jamali had accepted an invitation to visit and would present his views on judicial reforms. Rabbani added that he had been invited by Supreme Court judges earlier to speak at a ceremony and had extended an invitation to the chief justice as part of his initiative of intra-institutional dialogue. Asking the members to make sure they are present when the chief justice visits. Earlier, Mr Rabbani said: “The chief justice will present his views before a committee of the whole house at 3:30pm on Tuesday when it will meet to discuss measures to provide inexpensive and speedy justice to people of Pakistan.”
This address was in the context of one meeting of senate of 18 May in which Senators had expressed dissatisfaction over the country’s judicial system and decided to form a committee of the whole house to suggest reforms that will ensure people have access to inexpensive and speedy justice.
Barrister Saif of MQM said, It is a historic moment that CJ is addressing the committee. The development is positive and will enhance interaction between institutions. The initiative is significant with regard to speedy and inexpensive justice, he added. The committee was constituted on a motion moved by Leader of the House in the Senate. Followed by the keynote address of CJP, leader of the house and leader of the opposition would give separate lectures. Senate, some months back amended its rules to hear voice from outside the house on matters of national interest.
Later on, Chief Justice of Pakistan addresses the senate in which he has reminded senators of their constitutional duties during his maiden address in the Upper House of Parliament on Tuesday.
“The lawmakers elected by people should work towards bridging the gap between state institutions and the general populace,” Jamali told the senators, adding that the Constitution of Pakistan gives equal rights to all citizens of the state and the dream of a welfare state with a strong government will only come true if legislators also respect the law they expect the public to obey.
The Chief Justice said the process of supremacy of law plays a crucial role in keeping the state alive. “We all are followers of the law and not of an individual”. CJP said while addressing the Senate that this visit is one step of a series to strengthen the importance of institutions. He said he has presented recommendation for cheap and quick justice because the constitution has explained the state’s bounds and limits in details and the constitutional structure dictates transfer of authority to the public.
“The preamble of the Constitution clearly states that sovereignty belongs to Almighty Allah alone, and the political power rests with the people of Pakistan who elect you to exercise it on their behalf, which is a sacred trust,” the CJP reminded the House.
Jamali maintained that Law and Justice Commission has already presented its recommendations in the light of the Article 37 of the Constitution and this speech is just a continuation of efforts of the commission for the promotion of social justice, a constitutional responsibility.
“We all agree on constitution and upholding the laws of land and in some departments, we have more laws than we need but the real test lies in their implementation which sadly, is absent in many departments,” said the CJP.
Laws, no matter how well prepared, are of no use when their implementation is neglected. The chief justice maintained that we have no mechanism to determine the quality of our performance other than people’s complaints. In case of unrest among public and lack of responsibility among lawmakers, it becomes the responsibility of judiciary to intervene and play its role in administrative reforms, he added.
He said in his address that policies of the state must be in line with the wishes of the people, adding that they have to ensure the supremacy of the law and that the government must provide a conducive environment for it.“The supremacy of law is an inevitable need because the country’s future depends on it”, he added. He said all factions of society must have access to the law. “We all are on same page on supremacy of the law”, he said.Justice Jamali said there is no system to measure the performance and comments, adding that the supervision to check the quality of the justice delivered is also lacking.
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