‘Judges are obliged to protect the constitution’

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

Police officers walk past the Supreme Court of Pakistan 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 a constitution no state can survive in the world.

“Shura system also originates from Islamic teachings. Democracy itself is rooted in Shura,” Nisar said on Wednesday while addressing a book launch.

Referring to the parliamentary system, he said all stakeholders agree on democracy as the basic structure. He noted that the real test of judges takes place within a democratic system.

He said the responsibility to protect the fundamental rights lies with judges of the High Courts and the Supreme Court who have taken oath to uphold the supremacy of the Constitution.

He said that laws came into existence with the birth of mankind and that both the law and its implementation have certain requirements. He noted that even God gave Satan the right to be heard. He said that ensuring fundamental rights from cradle to grave is the responsibility of the state.

He recalled his visits to hospitals and noted that he found none that functioned 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 maintains 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.

He quoted the saying of the Holy Prophet (pbuh) that one should call evil by its name, or at least regard it as evil in one’s heart.

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