All citizens equal before law: CJP

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Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said all citizens are equal before law and are entitled to equal treatment and protection of law.

Inaugurating a three-day international judicial conference in Islamabad on Friday, the CJP said, “Our constitution envisages a population free of exploitation and oppression in all its forms.”

“The constitution of Pakistan envisages a population free of exploitation and oppression in all its forms under Article 3. This can only be achieved where the rule of law is strictly established and every citizen is treated alike by every institution and functionary of the State. To provide every citizen with the basic quality of life and opportunities of prosperity that he deserves, the constitution has listed a set of fundamental rights in chapter 2 of part 1 of the constitution. These fundamental rights are equally accessible to every citizen without discrimination or want of qualification, regardless of race, class, creed, gender, ethnicity or background. The importance of the fundamental rights is reflected in the fact that Article 8 declares every law made in derogation of fundamental rights or found to be incompatible with them to be void. Unlike many other constitutional rights regimes, our constitution does not allow for derogation from the delivery of these rights under any discretionary exercise of executive prerogative,” he said.

He said the foremost function of the state was to administer justice and maintain peace and internal order, adding that it was the responsibility of the superior courts to enforce fundamental rights of citizens.

The CJP said the International Judicial Conference had now become a regular annual event. “The idea behind organising this conference is to involve all stakeholders of the judicial and legal system, to share their experiences, knowledge and difficulties on critical issues and devise strategies through interactive deliberations in order to confront emerging challenges.”

He said states did not prosper without peace and could not survive without justice and its proper implementation.

He pointed out that military interventions‚ unstable economy and weak political culture were main contributors of the catastrophic state of affairs in Pakistan.

The chief justice said in the democratic set up of Pakistan every institution had to recognise and respect constitutional norms.

“Success and efficacy of democratic system depends on the independence of the judiciary, which cannot be ensured until and unless all state institutions work within the constitutional framework.”

He said Islam strictly prohibited any distinction or discrimination among the people be that on the basis of religion, colour, social or economic background.