Governance not running in the right spirit: CJP

ISLAMABAD: Pakistan’s Chief Justice (CJP) Gulzar Ahmed on Thursday said governance in the country has become too complicated and it is not being handled in the spirit it should have.

“The ability to enforce the rights of citizens is not increasing” [and] As a result the helpless people of this country are facing specific problems and their fundamental rights are being violated,” CJP expressed regret while speaking at the book launch function.Reading the Constitution of Pakistan – Article wise discussion, fair commentary on the matter, law and historySpread over six volumes and 5,000 pages, the book has been authored by Syed Shabbar Raza Rizvi, former judge of the Lahore High Court.

Several Supreme Court judges, former CJP Asif Saeed Khosa, Attorney General Khalid Javed Khan, former Senate President Wasim Sajjad, former Law Minister Dr Khalid Ranjha and ambassadors of various countries attended the ceremony held in the Supreme Court auditorium.

CJP regretted that the regime is surrounded by such a situation that petty issues often come to the courts in the form of petitions.

As a result, the courts are being burdened with petitions on petty matters.

Even the smallest things, which should have been handled by the government by ensuring delivery to people with large workforce at their doorsteps, were not being done, lamented the Chief Justice. He said that small matters like cleaning of roads, collection of garbage, maintenance of parks and open spaces, provision of playgrounds and ensuring construction as per bye-laws were major and basic functions of the government, but these basic issues were not being addressed. Was.

As a result, the courts were being burdened with petty things and as a result they had to enforce the rights which citizens were entitled to through judgments and declarations, the Chief Justice said.

He urged the rulers to pay attention to what was happening around them and ensure that the Constitution is applicable to all aspects of public life.

He said that under the Constitution, the judiciary has been entrusted with the task of ensuring that the Constitution is implemented and implemented in the true sense.

Earlier, Justice Khosa recalled that Pakistan used to be very prosperous, peaceful with powerful society, but now it was suffering from hunger and insecurity “only because we failed to express our gratitude for the gifts bestowed upon us by Allah Almighty”. are”.

Justice Khosa urged the intelligentsia of the society to turn their heads and consider whether they were ungrateful as a nation.

He listed five issues facing the country and said that till these are not identified and solutions are found, the country will continue to face insecurity. “For this we have to hold the bull by the horn.”

He said that he had to decide forever what was the role of the state in the Islamic system and where he was to place Islam in the constitutional system and paradigm of governance.

Citing examples from various Muslim countries such as Saudi Arabia, United Arab Emirates, Uzbekistan, Turkey and Indonesia, Justice Khosa stressed “we have to determine at once which model we have to adopt otherwise we will remain without a rudder” .

“We also have to decide which interpretation of Islam to choose because there are people of many sects living in Pakistan,” he said, adding that until they decide what their Islam will be, the judicial forum will never Sharia will not be able to decide on matters.

Justice Khosa then said that he also needed to decide whether the primacy of the Constitution was absolute or not, recalling that he had tried the Constitution through several experiments such as the presidential form of government, the parliamentary form of government, a unit etc. was tampered with.

“Is our Constitution supreme,” wondered Justice Khosa. “Do we have confidence in ourselves, our culture and system or do we have to live under the influence of models like the US, the British, Saudi Arabia, the Principality of Medina and now the Chinese model.”

Justice Khosa emphasized that Article 5 of the Constitution demanded loyalty to the State, which had always been exploited by non-represented forces justifying the repeal of the Constitution, while the State had to be protected first. Was. “This concept always gives rise to the principle of necessity,” he said, adding that the constitution and the state were intertwined and the state cannot be secure if the constitution is repealed.

Justice Khosa then referred to the third point about democracy and accountability. He said that whenever a new government comes, charges pile up against its predecessor, but when it comes to the appointment of the Chief Election Commissioner, NAB chief or the caretaker set-up, both the government and the opposition have made appointments. Selected.

In the presence of such allegations, Justice Khosa observed, “It appears that this is not something that is justified.”

He said the biggest obstacle which was hindering development was the mindset as “our allegiance was more towards our clan or tribe than the state. Such a trend is now increasing in various institutions including the legal fraternity, which often go on strike from time to time. Similarly, we also have to take care of our economic sovereignty.

Published in Dawn, January 14, 2022