SC not looking for excuses, will follow constitution in Punjab election case: Bandial

LAHORE (Tahir Chuhdary )-Justice Umar Ata Bandial observed that if the Constitution says elections should be held within 90 days of dissolution of an assembly, it is our duty to implement it.

In a seminar held at a private hotel in Lahore on Sunday, Chief Justice Supreme Court Umar Ata Bandial made remarks regarding the judiciary’s role in ensuring justice and the protection of fundamental rights in Pakistan.

During the seminar titled “Rights for minorities in constitution of Pakistan,” the chief justice spoke about the importance of upholding the constitution and protecting the rights of minorities.

He praised the contributions of Justice AR Cornelius, a former judge of the Supreme Court, who he said was a good jurist and simplistic.

Chief Justice Bandial also spoke about the ongoing Punjab election case, stating that the court was not looking for excuses and was committed to following the constitution. He emphasised that if a judicial decision was not challenged, it would be considered final.

“You may call it a dispute, but I will not,” the CJP stated, adding that if a court decision is not challenged, it is considered the final verdict.

The CJP also said that every citizen of Pakistan has equal rights, and that courts cannot pass executive orders.

“Pakistan has been bearing the brunt of terrorism for decades, and has lost over 80,000 lives because of it,” he added.

Further speaking at the seminar, CJP Bandial said minorities in Pakistan have full religious freedom, and the Constitution of Pakistan guarantees those rights.

He lauded the “excellent services” of the fourth chief justice of Pakistan, Justice AR Cornelius. “Justice Cornelius gave 17 years to the Supreme Court and was a pioneer of the judicial system,” he added.

The life of Justice Cornelius is an example for judges, CJP Bandial remarked.

In 1964, when two provinces banned the Jamaat-e-Islami, Justice Cornelius said it was a matter of basic human rights. “The ban was lifted in the Maulana Maududi case,” CJP Bandial recalled.

Turning his attention to Pakistan’s ongoing struggle with terrorism, the chief justice noted that the country had lost more than 80,000 lives in the war against terrorism.

He stressed that every citizen had basic rights that must be protected, and it was the right of the Supreme Court to ensure that those rights were upheld.

The chief justice also spoke about the need for judges to have the qualities of Justice Cornelius in order to ensure justice was done. He added that the decisions of courts have moral authority and that protecting the constitution was one of the judiciary’s basic duties.

Justice Cornelius was known for his landmark decisions, including declaring the dissolution of assemblies by the governor-general as illegal in 1955. He also played a key role in lifting the ban on the Jamaat-e-Islami (JI) in 1964.

Chief Justice Bandial emphasised the importance of resolving issues through dialogue and promoting knowledge as a means of developing the country. He reiterated that everyone was subject to the law, and when the truth was avoided, justice was avoided.