ISLAMABAD:
The Chief Justice of Pakistan (CJP), Tassaduq Hussain Jillani, on Friday
said citizens’ freedom could not be allowed to be seized in the name of
national security.
The chief justice was addressing a full court reference held here at the Supreme Court on the eve of retirement of Justice Khilji Arif Hussain.The chief justice said: “While fighting terrorism and protecting democracy, we need to strike a proper balance between the conflicting values and principles i.e. the value of security of the state and individual rights.” He said such rights could not justify undermining the national security.
He said the court, in its endeavour to strike a balance between the conflicting values, often attracted criticism from both sides.“Those standing for human rights may contend that the court gives too much protection to security and ignores human rights; those who speak of security concerns may allege that the court is tilted towards human rights rather than security. These comments should not deter us from upholding the rule of law and the canons of democracy,” the CJ maintained.
He said as the country faced a multitude of battles against terrorism, against sectarian violence and ethnic cleansing of minorities and on weakened rights for women and children, it is their duty as a pillar of the state to hold fast to belief in the seminal values of the rule of law, of human dignity, of tolerance and of compassion.
Justice Jillani further said the Constitution makers wanted to implement social, economic and political justice for which vision had been embedded in the Constitution through fundamental rights and the principles of policy.
“To ensure that these goals are pursued by each organ of the state; that no organ acts beyond the role assigned to it under the Constitution and the law, as also to protect people from arbitrary rule, the judiciary has been entrusted with the sacred task to arbiter between the state and the individual, between the individuals inter se, and to issue appropriate directions, where the rights or the laws are being violated.”
He further said the constitutional pledge of independence of judiciary and the constitutional command that all state institutions shall comply with the orders passed by the Supreme Court are all means towards the ultimate goal of dispensing said social, economic and political justice—(Article 189).
Paying rich tribute to Justice Khilji Arif Hussain, he said as could be seen from his legal opinions, judgments and general demeanour as a judge throughout the course of his career, Justice Arif Khilji had devoted his prudent insight, legal acumen and insightful mind to the development of the rule of law in the country.
His judgments have reiterated the importance of several constitutional principles of the utmost value to the judiciary such as that of the tri-chotomy of powers and the independence of the judiciary,” the CJ said.
Justice Khilji Arif Hussain said today the Supreme Court was an inevitable institution for the common man, independent in action and free in thoughts, showing strength, excellence and courage under most demanding circumstances.
Justice Khilji said it had been through the most difficult and turbulent periods in the history of Pakistan and ultimately acquired the reputation of protector of the Constitution, democracy, rule of law and guardian of fundamental rights of the people of Pakistan.
“Let me assure you that the aims and objectives of every judgment of this court are to enforce the Constitution and to protect the fundamental rights of the people of Pakistan,” he added.He said whenever he got depressed while looking at the institutions his colleagues gave him the courage saying that leaves of autumn sprinkle fragrance, giving a message of green leaves.
Justice Khilji expressed thanks and gratitude to the Chief Justice of Pakistan Justice Tassaduq Hussain Jillani and his colleague judges for their inspirational support while he was at the bench.
He said he was also thankful for their generosity, which enabled him to cherish many useful experiences.Kamran Murtaza, Supreme Court Bar Association (SCBA) President, also addressed the full court reference.
The chief justice was addressing a full court reference held here at the Supreme Court on the eve of retirement of Justice Khilji Arif Hussain.The chief justice said: “While fighting terrorism and protecting democracy, we need to strike a proper balance between the conflicting values and principles i.e. the value of security of the state and individual rights.” He said such rights could not justify undermining the national security.
He said the court, in its endeavour to strike a balance between the conflicting values, often attracted criticism from both sides.“Those standing for human rights may contend that the court gives too much protection to security and ignores human rights; those who speak of security concerns may allege that the court is tilted towards human rights rather than security. These comments should not deter us from upholding the rule of law and the canons of democracy,” the CJ maintained.
He said as the country faced a multitude of battles against terrorism, against sectarian violence and ethnic cleansing of minorities and on weakened rights for women and children, it is their duty as a pillar of the state to hold fast to belief in the seminal values of the rule of law, of human dignity, of tolerance and of compassion.
Justice Jillani further said the Constitution makers wanted to implement social, economic and political justice for which vision had been embedded in the Constitution through fundamental rights and the principles of policy.
“To ensure that these goals are pursued by each organ of the state; that no organ acts beyond the role assigned to it under the Constitution and the law, as also to protect people from arbitrary rule, the judiciary has been entrusted with the sacred task to arbiter between the state and the individual, between the individuals inter se, and to issue appropriate directions, where the rights or the laws are being violated.”
He further said the constitutional pledge of independence of judiciary and the constitutional command that all state institutions shall comply with the orders passed by the Supreme Court are all means towards the ultimate goal of dispensing said social, economic and political justice—(Article 189).
Paying rich tribute to Justice Khilji Arif Hussain, he said as could be seen from his legal opinions, judgments and general demeanour as a judge throughout the course of his career, Justice Arif Khilji had devoted his prudent insight, legal acumen and insightful mind to the development of the rule of law in the country.
His judgments have reiterated the importance of several constitutional principles of the utmost value to the judiciary such as that of the tri-chotomy of powers and the independence of the judiciary,” the CJ said.
Justice Khilji Arif Hussain said today the Supreme Court was an inevitable institution for the common man, independent in action and free in thoughts, showing strength, excellence and courage under most demanding circumstances.
Justice Khilji said it had been through the most difficult and turbulent periods in the history of Pakistan and ultimately acquired the reputation of protector of the Constitution, democracy, rule of law and guardian of fundamental rights of the people of Pakistan.
“Let me assure you that the aims and objectives of every judgment of this court are to enforce the Constitution and to protect the fundamental rights of the people of Pakistan,” he added.He said whenever he got depressed while looking at the institutions his colleagues gave him the courage saying that leaves of autumn sprinkle fragrance, giving a message of green leaves.
Justice Khilji expressed thanks and gratitude to the Chief Justice of Pakistan Justice Tassaduq Hussain Jillani and his colleague judges for their inspirational support while he was at the bench.
He said he was also thankful for their generosity, which enabled him to cherish many useful experiences.Kamran Murtaza, Supreme Court Bar Association (SCBA) President, also addressed the full court reference.
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