The Senate gave a standing ovation to the Chief Justice of Pakistan, Anwar Zaheer Jamali, when he spoke before the house – the first time such an instance has taken place in Pakistani history. The admiration of the senate was well founded; the ‘intra-institutional dialogue’ has seen the Senate Chairman visit the Supreme Court, and now the Chief Justice has returned the favor, all of which contributes to a better understanding of issues that beset the justice system and possible solutions. he significance of the address is therefore in its novelty and the implications it can have on the institutions of the state going forward rather the content of the speech itself, which was not groundbreaking in and of itself. Nonetheless, the CJ made several important points regarding the supremacy of the constitution, independence of the judiciary and the importance of upholding the rule of law. Underlining the need to preserve a fine balance between state institutions, he emphasised the need for the creation of effective institutions capable of implementing the laws. Since it has not been done, it has created a crisis of implementation giving birth to a culture of impunity and lawlessness evidenced by corruption and crime. The situation, he maintained, can have serious consequences for public confidence in the legitimacy of state institutions. According to CJ Jamali, it is more appropriate for the government to move ahead to strengthen the institutions. The courts are forced to intervene when grave consequences of poor implementation and weak administration are witnessed. The CJ also defended the Supreme Court’s (SC’s) occasional intervention in administrative matters by stating that while the superior judiciary was cognizant of the executive’s prerogatives, it becomes “a matter of judicial consideration when rights are denied…at which point the judiciary is compelled to order administrative reforms.” Nevertheless, as per the CJ, the SC was committed to working in harmony with other institutions of the state for the establishment of a “modern and enlightened Pakistan”. The elevated status and importance of a judge of the superior courts means that as per unspoken norms, it is generally considered imprudent for the members of the judiciary to fraternise with other movers and shakers of the polity. This expectation of distance is so that the honourable judges are not at risk of being accused of prejudice when hearing a noteworthy case and a reasonable objectivity can be assumed. However, this address by the CJ, while the first of its kind, does not constitute a break with such a protocol and should be seen exactly as what it appears to be: a healthy sign of institutional engagement in a developing democracy.
pk.shafaqna.com
