Hyderabad, February 7: Pointing out that the existence of independent judiciary is all the more necessary for the enforcement of fundamental rights Chief Justice of the Supreme Court of Pakistan Justice Ifthikhar Muhammed Choudhry on Sunday stated that the Judiciary in his country has managed to remain independent despite the many attempts to undermine it.
Delivering his keynote address at the 17th Commonwealth Law Conference at the Hyderabad International Convention Centre, Justice Choudhry stated that the Judiciary has remained independent in his country despite the many attempts to undermine its authority and under adverse circumstances.
Justice Choudhry was sacked by former Pakistan president Pervez Musharraf in 2007 which lead to widespread demonstrations across that country, forcing the military General to reinstate him. The event saw General Musharraf’s authority being undermined, to the extent that he was forced to eventually resign.
Justice Choudhary told the gathering of about 800 eminent jurists from across 53 Commonwealth countries.
He said that “The judiciary (in Pakistan) has passed through different phases but has ensured its independence under all the circumstances. This is because the judiciary is of the opinion that when there is a Constitution and the rule of law, it always guarantees a democratic system in the country instead of the military rule,” he said.
Justice Choudhary reminded his dismissal and subsequent reinstatement by saying, “On November 3, 2007, for the first time in the history of the country on promulgation of the emergency, the Judiciary asserted itself and the Supreme Court declared those measures as unconstitutional and illegal in its landmark order on the same day.”
He added that the government which came to power after General Musharraf did not “validate or condone the acts and actions taken by the military ruler. At the same time such acts or actions were not undone or nullified.”
Justice Choudhary added that “Finally, the judiciary brought an end to the constitutional deviation in the judgment of Sindh High Court Bar Association vs Federation of Pakistan and established the rule of law and Constitutionalism.”
INN