The state has been guilty of ignoring a tenet of the constitution by showing indifference to the misery of the multitude, Chief Justice Jawwad S. Khawaja said in a speech at an event organised by the Law and Justice Commission on Saturday.“The constitution clearly states that it (constitution) reflects the sentiments and feelings of the people. The aspirations of the people are often conveniently ignored by the state,” Justice Khawaja said in an address that touched upon the deepening chasm between the rulers and the ruled.The chief justice observed that state as an institution was based on a social contract with the people. This social contract found a clear mention in the preamble to the 1973 constitution, Justice Khawaja added. The superior judiciary, for example, has tried to position itself as a champion of the people, but it does so largely through the use of suo motu powers. In truth, suo motu powers — the superior judiciary’s ability to take up of its own accord matters impacting fundamental rights and the public interest — are a reflection of a system that is broken.It is precisely because the average citizen does not expect to get justice at the lowest tiers of the state that he turns to the superior judiciary for help. Curiously, the Supreme Court has appeared to encourage the trend of the public turning to it for help rather than trying to improve the dispensation of justice at the lower tiers.To be sure, the Supreme Court cannot reform the judiciary by itself. That would require the legislative input of parliament and the assistance of the executive.But neither has the Supreme Court, including the present chief justice, done much to try and build public interest in judicial reforms or try and make it a national priority.Sadly, where the judiciary is lacking, parliament is failing doubly so. Senate Chairman Raza Rabbani talked of how accountability is deficient in the country — but what is preventing him and his colleagues in the Senate from making that a legislative priority?
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