FULL COURT REFERENCE ON THE RETIREMENT OF MR. JUSTICE ASLAM RIAZ HUSSAIN, JUDGE, SUPREME COURT OF PAKISTAN

FULL COURT REFERENCE ON THE RETIREMENT OF MR <!--[if gte mso 10]> FULL COURT REFERENCE ON THE RETIREMENT OF MR. JUSTICE ASLAM RIAZ HUSSAIN, JUDGE, SUPREME COURT OF PAKISTAN Address By Mr. Justice Muhammad Haleem, Chief Justice of Pakistan [23rd August, 1989] My learned brethren, Mr. Yahya Bakhtiar, Attorney-General for Pakistan; Advocates-General of the Provinces; President, Advocates-on-Record Association; Members of the Bar; Ladies and Gentlemen. This is the second occasion this year when we have assembled to bid farewell to our senior most colleague. Mr. Justice Aslam Riaz Hussain, who is laying down the robes of his office today after having remained a Judge of this Court for over 11 years. The parting for me and my brethren is indeed painful as his presence on the Bench for these long years gave us all a sense of deep friendliness and brotherhood, and his retirement from the Court fills us with great sense of real separation. Mr. Justice Aslam Riaz Hussain has had a very successful career both as a lawyer and as a Judge. His rich background of tackling ticklish legal problems as a lawyer and his insight of human problems has had a great bearing in the formulation of his opinions. His judgments eloquently speak of his judicial experience, learning, grasp of law and facts and the facility with which he expressed his opinions. The year 1988 was an era of constitutional distress. The Parliament and the Provincial Assemblies had been dissolved and there was a controversy as regards the holding of elections on party basis in the context of the constitutional provisions and the Political Parties Act containing the arbitrary provision to restrain and restrict the functioning of the political parties unless registered to contest the elections. There was thus a challenge to constitutionalism and a denial of the fundamental right to the citizens to form or to be a member of a political party and to participate in the elections on party basis. Not only this, the dissolution of the Parliament and the Provincial Assemblies also became a live issue. The Court being the guardian of the Constitution itself and the sentinel of the rights guaranteed to the citizens had to meet the challenge in disputes brought before it for adjudication. It was in this background that Mr. Justice Aslam Riaz Hussain stood by the unanimity of the Court in its several decisions to uphold the constitutional rights of the citizens, the rule of law, and the democratic polity of the State as envisaged in the Constitution unhindered by any personal prejudices or political considerations, sentiments or emotions. I admire him for his dedication and devotion to duty in not only upholding the supremacy of the Constitution, but also from not deviating from the path of rectitude. It is not too often that we sat together on the Bench, but whenever we did it was a pleasure for me to sit with him and to have the benefit of his balanced views. I have known Mr. Justice Aslam Riaz Hussain since 1964 when we both were law officers of the Government of West Pakistan and had occasions to struggle with the sensitihe Government briefs. Talented as he was, he brought to bear his legal knowledge to successfully pleading the intricate questions of law and thereby discharged the onerous responsibility on his shoulders as a law officer. It was his professional craftsmanship, diligence, and his insight of law that gave him an edge over the others and contributed towards his elevation to the Bench. Mr. Justice Aslam Riaz Hussain has acted as Chief Justice of Pakistan on several occasions during my absence abroad and' is currently holding the charge of Acting Ombudsman. He also held the office of the Governor. Mr. Justice Aslam Riaz Hussain has a strong cultural background and the depth of his vast knowledge does not only extend to the field of law, but also to other fields, such as, literature, history, music, current world affairs and human problems. He is an excellent conversationalist, and by nature is modest and soft-spoken. His relations with the legal fraternity have been cordial and sympathetic and on the Bench he has shown extreme tolerance and patience towards those who were engaged in pleading their cases before him. Mr. Justice Aslam Riaz Hussain after his graduation in 1943 proceeded to England for further education and was called to the Bar from Lincoln's Inn in 1949. He returned home the same year and joined the Bar. He was elevated to the Bench of the erstwhile High Court of West Pakistan in January, 1970, and was appointed Chief Justice of the Lahore High Court in October, 1976. He was appointed as permanent Judge of the Supreme Court in 1978 while acting as Governor of Punjab. Mr. Justice Aslam Riaz Hussain belongs to a notable family of Lahore which had played a great role in the establishment of Pakistan. His late father Dr. Tasaddaque Hussain was an eminent lawyer of Lahore who was known for his sympathy, kindness and good reputation. His mother Begum Tasaddaque Hussain is well-known for her contribution in the struggle to achieve Pakistan. Mr. Justice Aslam Riaz Hussain represented Pakistan in the 33rd Session of the United Nations in New York and also attended International Conferences with me at New Delhi and Kuala Lumpur, where he distinguished himself as a highly knowledgeable participant. His personal traits made him friendly to many of the participants who held him in high esteem. The parting for me and my brethren is sorrowful, but no one has control over time which marches on. The judges come and go; however, posterity remembers them by their individual characteristics. With these words, I bid farewell to Mr. Justice Aslam Riaz Hussain on my behalf and on behalf of my colleagues and wish him a very long, prosperous and a healthy life equally productive after retirement as it has been in office. Khuda Hafiz: ***