Pak judiciary has always upheld its independence: CJP

Posted By: Pti
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Hyderabad, Feb 6 (PTI) Pakistan Chief Justice IfthikharMuhammed Choudhry today said the judiciary in his country hasalways upheld its independence despite attempts to undermineits autonomy.

"The judiciary has passed through different phases inPakistan but it has ensured its independence under all thecircumstances.

"This is because the judiciary is of the opinion thatwhen there is a Constitution and the rule of law, it alwaysguarantees a democratic system in the country instead of themilitary rule," he said.

The Chief Justice, who was sacked by President PervezMusharraf in 2007, was delivering a key note address at the17th Commonwealth Law Conference here.

Referring to the imposition of the emergency and hisdismissal, he said the Supreme Court, however, asserted itselfby declaring those measures as unconstitutional.

"On November 3, 2007, for the first time in the historyof the country on promulgation of the emergency, the judiciaryasserted itself and the Supreme Court declared those measuresas unconstitutional and illegal in its landmark order on thesame day," the Chief Justice said.

Without naming Musharraf, he said the �militarydictator, on the strength of power�, continued ruling thecountry despite resistance from the judiciary, students, mediaand other segments of society.

As the judiciary was asserting itself, a civiliangovernment, meantime, assumed office in Pakistan, he said.

"The democratic government did not validate or condonethe acts and actions taken by the military ruler. At the sametime such acts or actions were not undone or nullified.

"Finally, the judiciary brought an end to theconstitutional deviation in the judgment of Sindh High CourtBar Association vs Federation of Pakistan and established therule of law and Constitutionalism," he said.

The Chief Justice said the system of good governance isstrengthened whenever there is democratic rule in a country.

He said the existence of independent judiciary is allthe more necessary for the enforcement of fundamental rights.

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