Chief Justice Umar Ata Bandial, addressing a conference on the rights of minorities under the Constitution, said that Pakistan's Constitution guarantees the protection of minorities' rights and that minorities in Pakistan enjoy complete religious freedom.
Referring to Justice Alvin Robert Cornelius, he said that Justice Cornelius served as Chief Justice from 1960 to 1968 and had no assets when he retired, and that if judges are to dispense justice, they need qualities like those of Justice Cornelius. Justice Cornelius had declared the Governor General's dissolution of the Assembly illegal. When two provinces banned Jamaat-e-Islami in 1964, the ban was lifted in the Maulana Maududi case; Justice Cornelius called it a matter of fundamental human rights and said that executive officers cannot decide on fundamental rights.
The Chief Justice said that the Constitution requires elections within 90 days, so it is our duty to see that this is implemented, and the protection of the Constitution is our responsibility. Pakistan's political parties and institutions realise that the Constitution should be implemented, and that is why the political leadership has also started talks.
He said that a decision that cannot be challenged is final, that courts cannot pass executive orders, but that a court decision carries moral authority.
Speaking about the case concerning elections in Punjab and Khyber Pakhtunkhwa, he said: "I do not consider it a dispute. We have been told that the political parties are holding talks, and we are here to support them; otherwise, our decision stands." He said it is necessary to act in accordance with the Constitution, so no pretext should be sought.∎
