Judiciary being one of the important pillars of the State is mandated to ensure fundamental rights: Justice Mian Saqib Nisar
Islamabad, May 16, 2018 (PPI-OT): Talking to the participants of 25th anniversary of the adaptation of the Constitution of the Russian Federation, International Conference and VIII St. Petersburg International Legal Forum (STILF) from 15th to 19th May 2018 at St. Petersburg Russian Federation today 16.5.2018, the Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar said, that the earth is unique in universe due to availability of life. There are foundational rights conferred by Allah Almighty on Human beings. These rights developed a life. The reasons for developed life are education, good leadership, strong adjudication and rule of law. All these take nations and states ahead.
He further added that judiciary being one of the important pillars of the State is mandated to ensure fundamental rights otherwise these rights seem to be obscure and false. All the courts either Civil, High or Supreme Court should have one trait i.e. to dispense justice. He emphasized that there should have been competent and capable judges in the courts with the authority to decide cases independently as per oath of a judge and to enforce fundamental rights of people.
Talking in context of Pakistan, his lordship added, In Pakistan there are two basic provisions of law, which cater for the enforcement of the fundamental rights. Article 199 of the Constitution confers upon High Courts in four provinces with the powers of Writ Jurisdiction.
The High Courts have the special jurisdiction to enforce the fundamental rights and this jurisdiction the High Court cannot be convict even by making the constitutional amendment. Another provision in Constitution of Pakistan, says that if there is breach of fundamental and that matter pertains to direct fundamental rights breach or public importance leaving upon any application having been made by anybody in the public interest litigation, any representative without their locus standi can approach the Supreme Court of Pakistan for the enforcement of that fundamental rights for the others and this exercise is called as Suo Motu jurisdiction.
There are so many cases in which Supreme Court has recently taken Suo Motu jurisdiction and effective orders have been passed for the people of the Pakistan, especially the downtrodden segment of the society that does not have the means to approach of Court of law. Supreme Court being and other superior courts are guardians of the fundamental rights of the people of Pakistan and they are duty bound to enforce, those rights.
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