Political impasse does not have legal solutions: CJ Bandial
Chief Justice of Pakistan Justice Umar Ata Bandial has urged the legislature, the executive, and other state organs to play their role to uphold rule of law and supremacy of constitution in the country.
Addressing the 9th international judicial conference in Islamabad on Friday, he said the judiciary alone cannot pursue these ideals single handedly.
Justice Bandial said that a purely political impasse did not have legal solutions. “It can only be resolved through dialogue between political leaders and their parties.”
He said the judiciary has no role to break a political deadlock. He said like other citizens, it is our sincere hope that the political leadership of the country shall take necessary corrective steps and confidence building measures with national interest as their foremost consideration.
Justice Bandial recalled that the court had to intervene after the President ordered dissolution of National Assembly in April 2022 on the advice of the then Prime Minister.
“The court found the dissolution as unconstitutional and ordered restoration of the National Assembly for the formation of a parliamentary government in accordance with the provisions of constitution.”
The chief justice said that regardless of the efforts of the court to strengthen democracy in the country, progress could only be made if all political parties came together to follow the established democratic practices and perform their respective roles in the parliament under the constitution.
Justice Bandial said that the court has the power to declare the rights guaranteed to the people by the constitution and the law but it cannot implement the same except in some circumstances. He said it was therefore the executive which must take charge in this regard and ensure that the words of the court are translated into practical actions for the people.
The chief justice said the bar was also expected to join hands in delivery of justice to the people.
He said that apart from enforcing the fundamental rights of marginalized segments of the society, the apex court had also delivered landmark judgments to reinforce other dimensions of rule of law.
“In this respect, the court has come a long way to become a champion for cause of democracy in the country by burying the doctrine of necessity which in the past had been resorted to justify the imposition of martial law,” he added.
The CJ said our court recognizes climate justice as essential facet of the rule of law.
Justice Bandial said the apex court has also been active in dispensing in social, economic and cultural justice to the people.
The Chief Justice said concerted efforts are underway to reduce the backlog of cases to ensure that justice is delivered inexpensively and expeditiously to litigants.
“Litigants are encouraged to make use of alternate dispute resolution mechanisms to amicably resolve their legal disputes,” the CJ said and added that other measures included digitalization of the judiciary and hearing of cases through video links. “We are also prioritizing early release of cause lists.”
“The judiciary is ready and willing to defend the constitution.”
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