BANQUET OF THE SUPREME COURT BAR ASSOCIATION, QUETTA

BANQUET OF THE SUPREME COURT BAR <!--[if gte mso 10]> BANQUET OF THE SUPREME COURT BAR ASSOCIATION, QUETTA Address By Mr. Justice Muhammad Haleem, Chief Justice of Pakistan [23rd May, 1989] Learned Brethren; Distinguished Chief Justice and Judges; Mr. Advocate General; Mr. President and Members of the Supreme Court Bar Association; Ladies and Gentlemen! I am grateful to the President and members of the Supreme Court Bar Association for hosting a dinner in my honour and it has always been a pleasure for me to be amongst the members of the fraternity to which I also belong and for which I have great respect. I had made it a point to attend this session and to bid farewell to the members of the fraternity as by the fall of this year I would retire and go back to private life. I have beautiful recollection of this place as I had frequently visited it in connection with the professional work and as a Judge. I still remember the faces of those members of the fraternity who are either dead or no longer in practice and the warmth and friendliness which they had for me. All this has left an enduring memory and recollection. In a political system in which state lawlessness cannot be checked and corrected by judicial interference, the subjects react by unconstitutional methods. Finer writes: "that the quintessence of doubt, and therefore, argument for freedom, toleration and democratic government is this: that men have not the faculties for perfect and unchallengeable conviction regarding their ultimate beliefs", and I may say here that man's ingenuity has not yet found out any better method for resolving the differences and the tolerant acceptance of their resolution, than the elective process for those who are responsible for enacting laws and the judicial process for those who interpret it. It follows, therefore, that the independence of the administration of justice is essential to justice and liberty; and since the lawyers have an equally important and vital role in the administration of justice, their own independence is of crucial importance. The essentials of democracy and the rule of law connote individual's rights of access to legal advice and representation, and the freedom of the lawyer to accept the case of any person irrespective of his race, religion, political beliefs or other individual characteristics. Consequently basic principles are to be established for the protection of lawyers against undue interference in the discharge of their duties as well as those rules which ensure fair practices and ethical standards. It is the independent judiciary which has authority to interpret and apply the law in a particular case in a, Constitutional democracy particularly in which individual's liberty and human rights are protected and guaranteed. The effectiveness of the judicial power and authority in the protection of democracy and the preservation of human rights depends not only on the contents and nature of the legal rules and principles, it is called upon to interpret, expound and apply, but also the composition and membership of the judicial bodies, the terms and conditions in which the judicial officers are employed and the support the community gives .and in particular the legal profession. The support of the legal profession is of vital importance with respect to the above factors. I say so because the United Nations Draft recognizes the critical role which the lawyers must play in securing the fulfilment of the objectives as an end-product of the factors. I, therefore, feel that lawyers should have deep commitment to constitutional democracy and human rights so that they can constantly apply their influence and expertise for their furtherance and preservation rather than their negation and violation, whether as members of the Bar or while holding public offices. It is, therefore, of prime importance that those holding public offices should not perpetuate legislative and executive assaults on democracy, the administration of justice, and human rights as all these factors ensure rule of law and constitutionalism. The United Nations Draft, 'therefore, makes an important statement to the effect that it is the responsibility of the Governments and professional association of lawyers to promote programmes aimed at informing the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. The legal profession should, therefore, show legal awareness to the concept of human rights -which to an extent depends on the quality of legal education both initially and continuing. The seminar on the independence of judges and lawyers held in Tobago in September, 1988, made one such recommendation "that lawyers and Bar Associations should promote legal literacy among the public including an awareness to constitutional rights and available remedies". I believe that public respect for the legal system can only be achieved if the law and legal profession are regarded as aimed to serve the socio-economic needs of the community and capable of serving the objective of creating a better life for the citizen. Teaching, therefore, has an important bearing and, therefore, legal education should be such as to provide teaching in legal skills and techniques as well as to pay regard to the impact of law as an instrument of orderly, social and economic change. The foremost profession of ethics is that only a lawyer shall act in the best interest of his client, honestly within the bounds of law and preserve confidence of his client and avoid conflicts of interest and that he has a duty to assist in maintaining the dignity of the Court and the integrity in the administration of justice. It is in that context that a strong and independent legal profession 'is indispensable to a strong and independent judiciary. There are instances where the freedom of the legal profession has been controlled, manipulated or intimidated by politicians which not only resulted in the lawyers not performing their duties, but also as a sine qua non were not available to protect the independence of the administration of justice. In several despotic countries where independence of the legal profession was controlled the lawyers were detained, brutalized and oppressed, invariably the human rights were violated and democracy destroyed. Considering all this the Resolution adapted at the 7th U.N.Crime Congress and. approved by the General Assembly on the role of lawyers recognizes that adequate protection of the rights of citizens requires that all persons have effective access to legal services provided by the lawyers who are able to perform effectively their proper role for the defence of those rights, and to counsel and represent their clients in accordance with the law and their established professional standard and judgment without any undue interference from any quarter, and that member states should provide for the protection of practising lawyers against undue restrictions and pressures in the exercise of their functions. The Resolution meets the frequent instances where police can try to delay or frustrate the clients' rights, to consult the lawyer on arrest or the opportunity to the lawyer to interview the detained or arrested person or where such interview takes place there is neither comfort nor confidentiality. The public perception of the legal profession is bound to influence the ability of the lawyers to maintain their independence and accordingly the legal profession should enforce effective disciplinary regulation to, the profession. I will say that the liberty of the citizen for justice should openly be administered by an independent Bench with the cooperation of the strong Bar. The lawyers should constitutionally strive not only collectively, but individually to enhance the prestige and strength for the security of the judicial organ. This can only be achieved if there is mutual respect, combined resistance to tyranny, injustice and abuse of human rights and constant cooperation in the pursuit of the ideals of the rule of law and constitutional democracy. I will repeat the words of Mr. John Dowd MP, the State Attorney-General, at the swearing-in of the new Chief Justice of New South Wales on 2nd November, 1988: "The separation between the judicial and the executive branches of Government is not simply a matter of theory but of crucial importance to the maintenance of our system of Government. There is no doubt that Governments are irritated from time to time because a decision by a Court does not conform to Government policy; or in some way the bulldozer of the State is forced to halt before it squashes the right of some individual or organization The importance of the role of the Courts in the balancing of, interests and the application of the law without fear or favour is not as widely understood as it should be. Sc it is worth restating publicly here today. The authority of the Courts and their ability to carry out constitutional functions is directly related to the way in which the public perceives the administration of justice." Mr. Justice Kirby, President, Court of Appeals, New South Wales, in his article "The Judiciary 'and the Rule of Law" has while quoting the above passage reminded the lawyers the need to reinforce respect for the independence of the judiciary as otherwise the, judiciary may become supine and subservient to the executive. It is the fearless support of judicial independence by the Bar that gives hope in the future for the supremacy of the Constitution and the Rule of Law. With these words, I conclude and wish you all the best of luck in the profession and in life and I pray that Almighty Allah shower His blessings on you. KHUDA HAFIZ ***