Speech by Mr. Justice Iftikhar Muhammad Chaudhry Chief

SPEECH BY MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY CHIEF JUSTICE OF PAKISTAN AT THE FAREWELL DINNER HOSTED BY VICE CHAIRMAN THE SINDH BAR COUNCIL, ON 27.11.2013 2 My brother, Judges of the Supreme Court of Pakistan; Learned Chief Justice and Judges of the High Court of Sindh; Mr. Muhammad Aqil, Vice Chairman and members of the Sindh Bar Council; Learned office bearers of the Bar Associations; Learned members of the bar; Ladies and Gentlemen: Assalam-o-Alaikum! It is a great privilege for me to attend this farewell Dinner, hosted by the Sindh Bar Council, in my honor. I am delighted to speak to this august gathering of legal luminaries and jurists on the occasion. It is not the first time that I have an opportunity to address the members of the Bar. Earlier, I have participated in various seminars/conferences arranged by the members of the Bar. Even in April, 2007 when the judiciary was under attack, I was invited to address a lawyers’ convention held here. Here, I must acknowledge the role of the Bar Associations of Sindh who had played pivotal role for constitutionalism, rule of law and independence of judiciary. During the days when I was unconstitutionally made dysfunctional, it was in furtherance of the lawyers’ protest against the illegal and unconstitutional measures that I visited Karachi and addressed the lawyers’ community. I still remember the era of the struggle for Supremacy of Constitution & Rule of Law when the Sindh Bar Council and Bar Associations of Sindh carried out a movement for restoration of judiciary and in the process they suffered a great deal. They suffered financially and offered blood to keep the card of constitution alive. 2 3 History still have on its pages the firm commitments of the legal community, when in early 2008, the Bar of Sindh urged the Federal and Punjab Governments to refrain from unconstitutional and unlawful house arrest of members of legal community. They also warned that if their colleagues were not released forthwith, the lawyers all over the country would start an agitation campaign by staging hunger strikes and courting arrests. I must admit here that Bar of Sindh proved to be the first drop of rain that became a torrent which swept all the hurdles which came in the way of rule of law movement and resulted in the restoration of judiciary. I personally thanked the Lawyer community of the Sindh, as such by and large each and every member of the bar took ownership and responsibility of the Judicial System, and performed their part efficiently. Above all, I am fortunate enough that I had the privilege of their unwavering support and cooperation and benefited from their invaluable suggestions and ideas. Ladies and Gentlemen: Pakistan is perhaps one of the most regulated countries in the world with a plethora of laws, yet the cherished goal of providing justice to the people remains illusive. It is the inefficiency of our legal system which has compromised its effectiveness. The procedures, rules, regulations and practices forming the basic fabric of the system were conceived in the 19th century and were perhaps best suited to the times. The problems requiring solutions through litigation have changed dramatically both in magnitude and complexity. We have failed to keep up. We are trying to solve 21st century problems with 19th century tools. 3 4 Merely using modern technology is not sufficient to modernize the legal system. It is our mindset which too needs to be synchronized with the 21st century. At the end of the day it is not brick and mortar alone which forms the courts, but rather men and women who populate these buildings that really matter. Problems are faced by the bar and the bench jointly, therefore they must be dealt with and solved jointly. The relationship between the bar and the bench neither is nor should be allowed to become adversarial. It must be participatory. The lines of communication must always remain open facilitating a free flow of ideas so that the bar can take ownership of the endeavours for improvement in the administration of justice. Please permit me to state that the bench and the bar are only the trustees of our legal system. The true and real beneficiaries are the people of Pakistan who have an inalienable right enshrined in the Constitution to be provided with justice efficiently and effectively. Therefore ancient administrative practices that retard the smooth functioning of the judicial process need to be identified and weeded out. I am confidant that the apex Court and District Courts shall move forward steadily on the road to progress. I am confident too that the lawyers will meet the challenge and demand of the present and of the future. I am also confident that each one of you will look at your profession as a high calling, and always uphold the dignity of this esteemed profession. Indeed, in the afore going context, the get together like todays farewell reception hosted by the Vice Chairman of Sindh Bar council affords us a good opportunity to remind ourselves about what our priorities should be. With these words, I would like to close by thanking, the Vice Chairman of Sindh Bar Council including the other distinguish office 4 5 bearers & members of the Bar, for giving me this rare privilege and opportunity to address such a distinguished legal fraternity. Thank You! 5.

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