Islamabad High Court Judge Justice Mohsin Akhtar Kayani has emphasized the significance of the 26th Constitutional Amendment and the role of independent judiciary and media in safeguarding personal freedoms. Addressing the Islamabad High Court Bar Association, Justice Kayani underlined the evolving legal landscape in Pakistan, the improvement in lawyers’ performance, and the judiciary’s critical role in maintaining the sanctity of the Constitution.
The 26th Constitutional Amendment: A Matter of Judicial Review
Justice Mohsin Akhtar Kayani pointed out that the 26th Constitutional Amendment, enacted on the basis of a letter, is likely to be reviewed by a full court bench of the Supreme Court. He expressed his belief that the amendment, which has been the subject of significant debate, will ultimately be resolved by the judiciary to ensure the survival of Pakistan’s democratic system.
Justice Kayani’s remarks highlighted the evolving role of the judiciary in addressing constitutional matters. He stated, “Even if it is the 26th Constitutional Amendment, you cannot be disappointed in your intentions. Such stages have occurred in Pakistan’s history.” His words reflect optimism about the judiciary’s ability to resolve critical constitutional issues.
The Role of Media in Protecting Personal Freedoms
Justice Kayani stressed the importance of a free and responsible media in safeguarding personal freedoms. “With the problems that everyone is seeing, including personal freedoms, there is also a need for a media that protects these freedoms,” he said.
He acknowledged the challenges faced by individuals in protecting their rights and freedoms but expressed hope in the collective efforts of the judiciary, parliament, and media. Justice Kayani’s remarks serve as a reminder of the media’s role as a watchdog and its responsibility to promote transparency and accountability in governance.
Upholding Judicial Integrity
Justice Kayani also addressed the critical need for independent judges who uphold the sanctity of the judiciary. He highlighted the evolving performance of lawyers in Pakistan, noting significant improvements over the past decade. “We need upright lawyers who later become upright judges,” he remarked, emphasizing the importance of integrity and professionalism in the legal profession.
Acknowledging the possibility of mistakes by both judges and lawyers, he said, “Judges also make mistakes, and lawyers do too. But our lawyers have improved a lot in the last 10 years.” His remarks underscore the judiciary’s commitment to continuous improvement and accountability.
Parliament’s Role in Constitutional Amendments
The 26th Constitutional Amendment has been a subject of political and legal debate. Political leaders, including Fazlur Rehman and Bilawal Bhutto Zardari, have weighed in on the matter, asserting that only Parliament has the authority to amend or repeal constitutional provisions. Justice Kayani’s comments align with this perspective, emphasizing the judiciary’s role in interpreting and upholding the Constitution while respecting the powers of Parliament.
Bilawal Bhutto Zardari’s statement, No one can abolish the 26th Amendment except Parliament, and if any institution does so, it will not be accepted, underscores the need for institutional harmony and respect for constitutional processes.
Judiciary as a Beacon of Hope
Justice Kayani highlighted the judiciary’s role as a beacon of hope for the people of Pakistan. Today, people’s hope lies in the judiciary, parliament, and the media,he said, emphasizing the interconnected roles of these institutions in ensuring justice, governance, and accountability.
He expressed optimism that the judiciary, with the support of upright lawyers and independent judges, will continue to address the challenges facing the nation. His remarks reflect the judiciary’s commitment to maintaining public trust and upholding constitutional principles.
Justice Mohsin Akhtar Kayani’s address sheds light on the critical issues surrounding the 26th Constitutional Amendment, the role of the judiciary, and the importance of media in safeguarding personal freedoms. His call for independent judges, professional lawyers, and a responsible media underscores the need for collective efforts to strengthen Pakistan’s democratic institutions.
As the matter of the 26th Constitutional Amendment moves toward judicial review, Justice Kayani’s belief in the Supreme Court’s ability to resolve this issue highlights the judiciary’s pivotal role in ensuring constitutional integrity. His remarks serve as a reminder of the importance of upholding the rule of law and protecting the rights and freedoms of all Pakistanis.
