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" INDEPENDENCE OF JUDICIARYA CONSTITUTIONAL CHALLENGE INDEPENDENCE OF JUDICIARY‑‑A CONSTITUTIONAL CHALLENGE   By   Asif Saeed Khan Khosa, Barrister‑at‑Law, Advocate Supreme Court of Pakistan   In his address a few days ago during a Full Court Reference at the eve of his retirement the outgoing Chief Justice of Pakistan had referred to the Objectives Resolution of 1949 wherein the founding fathers of Pakistan had resolved to frame a Constitution for our beloved homeland which establishes an order wherein, amongst other ideals, "the independence of the Judiciary shall be fully secured". The honourable Chief Justice was pleased to observe that, after more than four and a half decades of our journey and after experimenting with a number of Constitutions, wading through various Constitutional crises and overcoming enormous difficulties, we have reached a stage in our nationhood when we can proudly proclaim that at least this ideal of our founding fathers regarding independence of the Judiciary has finally been accomplished. Having said all that his Lordship hastened to add that the question now being faced by us as a nation is whether this painstakingly -achieved independence of the Judiciary has also been, according to the aspirations of the founding fathers, "fully secured"? His Lordship further remarked that the price of independence of a nation is constant vigil and the same equally applies to independence of the Judiciary as well. In order to protect and sustain its independence the Judiciary has to constantly watch against the factors or actors trying to invade the same. Such remarks, coming from none else than retiring Chief Justice, indeed call for very serious thought and consideration.…
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