Chief Justice Iftikhar Muhammad Chaudhry has said that respect for law and rule of law are the available solutions to the menace of terrorism and the judiciary can act as a deterrent against anyone who breaks the law in order to create anarchy and chaos.
“Equality before law and equal protection of law are the principles which subject all people to the same laws of justice,” the chief justice said in his inaugural speech at the International Jurists Conference in the UK.
He stressed that the courts must treat every person without regard to his caste, colour and status. “The judiciary, by adopting an attitude of zero tolerance towards crime and criminals, in accordance with legal procedures can no doubt bring the society towards peace and prosperity,” he added.
The CJP said the judicial system had a special role to play in securing the basic human and fundamental rights of the citizens in a given society and in protecting their life and liberty.
He said the judiciary acted as an ultimate protector and upholder of rights of citizens and civil liberties. He said the 1973 constitution had made specific provisions for the protection of fundamental rights.
He said the Supreme Court acted as a final arbiter and protector of constitutional norms by virtue of constitutional mandate. “The apex court by taking its constitutional responsibility of adhering to the principles of justice and fair play tried its utmost to redress the grievances in matters of public importance and involving violation of fundamental rights”.
The Supreme Court under its inherent powers of judicial review had set out precedents of constitutional importance that had led to the improvement of criminal and civil justice system in Pakistan, he said.
Defending an autonomous and independent judicial system, the chief justice termed it a sine quo non for a functional democracy and it was central for social harmony and good governance in any given democratic society. “Independence of the judiciary from extraneous and internal influences is essential for the nourishment of good governance in all institutions of the State,” he said.
The CJP said rule of law bore a substantial impact on the economic development of transitional states and its establishment rested on a strong constitutional and legal framework. “The supremacy of the constitution, strengthening of state institutions and independence of judiciary are some of the main factors that lead towards the formation of an integrated and impartial legal and judicial structure built on the well established norms of justice”.
Apprising the conference of Pakistani system, the chief justice said that the country was a democratic state having an autonomous executive, a bicameral legislature and independent judicial system. He said the principle of trichotomy of power was beautifully woven in the constitutional scheme of Pakistan distributed and harmonised the powers among the three organs of the state.
“Jurisdictional domain of each of these organs has been manifestly set out by the Constitution itself. Every organ is independent within its domain and enjoys unfettered powers subject to specified constitutional constraints”.
He said unfettered and unrestrained investing of powers in one of the organs of the state was a recipe for authoritarianism and mismanagement. “It merely retards the growth and adversely affects the functioning of the other two organs”.
The chief justice said anarchy and chaos were the natural outcome of arbitrary exercise of powers by the state institutions thus the system of checks and balances ran parallel to the system of distribution of power.
Talking about terrorism, he said it had to be eradicated with the means that should be more humane and in conformity with established human rights and judicial norms. He said the recognition of human rights was the foundation of tranquility, justice, societal freedom and peace in the world. “Protection of these rights is indispensable for the existence of humanity.”
He told the conference that Pakistan enacted and enforced special anti-terrorism laws to counter terrorism and terrorist activities.
Whatever Honorable CJP says,is very much Right Theoriticaly ,But His Verdicts Prove Otherwise,like His honor`s Verdict in Rinkle Kumari Case and many other cases that can be quoted.
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