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In celebration of the golden jubilee of Pakistan's 1973 Constitution,


Senior Supreme Court judge Justice Qazi Faez Isa spoke out against wrong decisions, stating that even if a majority endorses it, a wrong decision remains wrong. He cautioned that two wrongs do not make a right. Referring to the ongoing constitutional tussle regarding the formation of a bench on holding elections, Justice Isa said that if a decision is incorrect, a number game cannot turn a lie into truth.

Justice Isa emphasized that Article 184(3) of the Constitution empowers the Supreme Court to act for the implementation of fundamental rights, and extreme care should be taken while using this article in public interest, and not to benefit an individual. He acknowledged that there are differing opinions about the authority to invoke Article 184(3), and welcomed being corrected if someone could explain the correct interpretation.

Justice Isa traced the history of wrong judicial decisions, stating that the main reason for the dismemberment of Pakistan was a wrong judicial decision made by Justice Munir of the Federal Court, which sowed the seeds of division that led to the country's break-up in 1971. He urged people to learn from history to prevent its repetition, citing past examples of dictators conducting referendums with 98% results, while the general election results never exceeded 60%. He emphasized that the Constitution is a gift that judges are burdened with defending and protecting.

Finally, Justice Isa cautioned against arrogance and ego, stating that these are the two worst traits that should not be present in someone sitting in a high position. He said that disagreement and ego are unrelated, and if he ever becomes egoistic, he would not be a judge anymore.

Justice Isa also discussed the importance of judicial accountability, saying that judges should also be held accountable for their decisions. He pointed out that judges have the power to determine the fate of individuals and society as a whole, and that this power must be used with utmost responsibility.

The senior judge also spoke about the need for legal education in the country. He lamented that many people in Pakistan do not fully understand the Constitution and the legal system, and that this lack of knowledge often leads to misunderstandings and conflicts.

Justice Isa ended his speech by emphasizing the importance of upholding the Constitution and respecting the rule of law. He urged everyone to work towards a society where justice is accessible to all, and where the Constitution is valued and protected.


Justice Isa also spoke about the importance of democracy and the role of the Constitution in safeguarding democratic values. He emphasized that the Constitution is a symbol of national unity and a source of guidance for the people and the government. He noted that the Constitution is not perfect and there are flaws that need to be addressed, but it remains a living document that can evolve over time.

The senior judge also stressed the need for judges to remain independent and not be influenced by external factors. He stated that judges should be guided by their conscience and the Constitution, and not by political pressure or personal biases. He called for a culture of accountability and transparency in the judiciary, where judges are answerable for their decisions and actions.

Justice Isa's remarks come at a time when there is growing concern about the state of democracy and the rule of law in Pakistan. The country has a long history of military coups and political instability, and there are ongoing debates about the role of the judiciary in upholding democratic principles.

Overall, Justice Isa's speech was a reminder of the importance of the Constitution and the judiciary in promoting democracy and protecting the rights of the people. It was also a call to action for judges and other stakeholders to uphold the principles of justice and fairness, and to work towards a more democratic and inclusive society in Pakistan.

Justice Isa also spoke about the importance of democracy and the role of the Constitution in safeguarding democratic values. He emphasized that the Constitution is a symbol of national unity and a source of guidance for the people and the government. He noted that the Constitution is not perfect and there are flaws that need to be addressed, but it remains a living document that can evolve over time.

The senior judge also stressed the need for judges to remain independent and not be influenced by external factors. He stated that judges should be guided by their conscience and the Constitution, and not by political pressure or personal biases. He called for a culture of accountability and transparency in the judiciary, where judges are answerable for their decisions and actions.

Justice Isa's remarks come at a time when there is growing concern about the state of democracy and the rule of law in Pakistan. The country has a long history of military coups and political instability, and there are ongoing debates about the role of the judiciary in upholding democratic principles.

Overall, Justice Isa's speech was a reminder of the importance of the Constitution and the judiciary in promoting democracy and protecting the rights of the people. It was also a call to action for judges and other stakeholders to uphold the principles of justice and fairness, and to work towards a more democratic and inclusive society in Pakistan.

 

 

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