“Judges are obliged to protect the Constitution”


Ex-CJP Saqib Nisar says freedom of expression essential for rule of law to prevail

Police officers walk past Pakistan’s Supreme Court building, in Islamabad, Pakistan, April 6, 2022. REUTERS

LAHORE:

Former Chief Justice of Pakistan (CJP) Mian Saqib Nisar has said that without democracy there can be no constitution, and without constitution no state can survive in the world.

“The Shura system also originates from Islamic teachings. Democracy itself has its roots in Shura,” Nisar said on Wednesday during a book launch.

Referring to the parliamentary system, he said all stakeholders agree that democracy is the fundamental structure. He noted that the true test of judges occurs within a democratic system.

He said the responsibility of protecting fundamental rights lies with the judges of the high courts and the Supreme Court, who have sworn to uphold the supremacy of the Constitution.

He said that laws emerged along with the birth of humanity, and that both the law and its implementation have certain requirements. He noted that even God granted Satan the right to be heard. He said safeguarding basic rights from the cradle to the grave is the responsibility of the State.

Remembering his visits to hospitals, he commented that he did not find anyone working properly. He questioned the value of life if facilities built at a cost of billions of rupees remain unusable.

Nisar emphasized that it is the rule of law that organizes and sustains the system. He urged everyone to read article 7 of the Constitution, which clearly defines this obligation.

He questioned whether the rule of law really exists in Pakistan and warned that without it, everything becomes meaningless. He said freedom of expression is essential for the rule of law to prevail.

Quoting the saying of the Holy Prophet (PBUH), he said that one should call evil by its name, or at least consider it evil in one’s heart.

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