Top lawyers from India, Pakistan and other countries of the region at a international moot in the provincial capital on Friday promised to join their hands against terrorism and violations of human rights, as they vowed to wage a joint struggle for ‘Justice for All and Impunity for None’ by devising workable strategies for a greater cooperation among the lawyers communities of the states facing identical problems.
Besides delegates from India, Sri Lanka, Bangladesh, Nepal, Malaysia, Fiji and UK, hundreds of senior lawyers and superior court judges witnessed the first day proceedings of the three-day conference held at the Avari Hotel under banner of Supreme Court Bar Association (SCBA). Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry chaired the first session on invitation of SCBA President Asma Jahangir. Addressing the conference, the CJP described judiciary as the ultimate protector of the citizens’ rights, but said it was the legislature to repeal outdated laws and formulate proper legislation to cope with the problems of human right abuses.
He said the changed times required to redefine national and public security priorities not only in terms of defence against the external aggression but also for protecting the people through ensuring their physical safety as well as protecting their social, political and economic rights.
“Without political, social and economic well being of the people, existence of a civilised and proud nation is not possible. No amount of defence can keep a nation united without surety to the rights of the people. And the former Soviet Union is the living example on this account which could not escape disintegration despite possessing more than 20,000 tactical nuclear heads in a ready state,” the chief justice said.
Speaking on the subject ‘people’s security and the rule of law,’ Chief Justice Iftikhar said it was very important that the people’s security should be broadly envisioned, adding that not only the defence imperatives but also other factors directly affecting the rights of the citizens should also be accounted for which rested on adhering to the principles of supremacy of the constitution and the rule of law. “A society respecting and implementing constitutional norms generally and rule of law particularly ensures protection of human rights, free and fair political system, public confidence in the law enforcement agencies and the court and a strengthened socio-economic set up,” the CJP said as he listed procedural fairness, safeguard of civil liberties and fundamental rights and access to justice as some of the traits of an egalitarian society.
Chief Justice Iftikhar said the Supreme Court being cognizant of its role and duty as assigned by the constitution, had always come to the aid of the suppressed segments of society. Suo moto action taken by the Supreme Court in the missing persons case had resulted in the recovery of many people; however, the government had not come up with a proper legislation to address the issue. “Every day the number of enforced disappearances is increasing, particularly in Balochistan, and there are allegations of extra-judicial killings and mutilation of bodies. Religious intolerance, sectarian tension and riots between various religious and ethnic groups are increasing with each passing day,” the chief justice noted with serious concern.
The CJP said it was the duty of the state to establish peace and security for its people and to rebuild justice institutions for the development of economic growth and public confidence.
Justice Iftikhar said the rule of law checked the unbridled exercise of powers by the state institutions. Asma, while paying tribute to the chief justice on his struggle against corruption in the national institutions, called him as Pakistan’s Anna Hazare. She urged the gathering to work together for protection of human rights and strengthening of justice system in the region by trading views and knowledge on the problems faced to identical country facing identical problems.
CJP has correctly identified the problem: It is the out-dated laws. In fact it is the colonial era laws that independent these countries are still following. Why not scrap all those old laws and systems and establish laws as other free and developed countries have. Rule of law is non-existent in Pakistan.
H'able CJ of SC has hit the bulls eye. The fact is that panacea of many ills are the out dated laws in Pakistan. We are prisoners of past. Mr. CJ kindly do us another favour for which our generations will be thankful to u. Please find a solution to immediately replace the current election process (which is the mother of all problems) with the one in which every party leader should be elected directly. However, before the elections every party will declare list in advance of it's assembly members (for the voters to know beforehand the future public representatives). Now after the elections the proportionate
number of party representatives will be automatically elected starting from the top of the list. In this way very high quality members will come to assembly, Jagirdars hold on voters will lose its grip, election expenses will be drastically reduced, sale of votes will be eliminated, neat and corruption free governance will emerge, Biradari system menace will crack down, people's frustration from the democracy will be minimized, parties will have to implement it's manifesto and people's say in direct selection of rulers will increase manifold.
Sir, the definition of insanity says doing an act over and over again and expecting a different result. The existing system will never deliver in our circumstances , so kindly help this nation come out of the clutches of the prevalent exploitive system whereby 3-5 % cruel minority is ruling rest of the suffering majority. The change of system will automatically stop the talk of dismemberment of Pakistan so rampant these days.
Along with the outdated laws, the outdated politicians and their proteges must also be repealed.
CJP has mentioned out-dated laws but he did not mention out-dated systems of governance. It is the colonial and British designed systems that are the main problem in Pakistan. Police system, bureaucratic set up and its method of remuneration, lack of proper local governments, too many levels of government(fed,pro,division,distt,tehsil and Union councils as compared to only 3 in western countries: fed, pro and municipal). These are the basic problems that have to be fixed first. No intellectual thinks about it or writes about it.
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