Need of judicial activism on drones

Drone attacks conducted by the CIA in the tribal areas of Pakistan are not only against the international law and UN Charter but are also violative of the Constitution of Pakistan. Article 9 of the constitution provides, “No person shall be deprived of life or liberty saved in accordance with the law”. Furthermore, Article 4 says, “To enjoy the protection of law and to be treated in accordance with the law is inalienable right of every citizen.” In the presence of the procedure provided under the normal criminal justice system of the country, killing suspect terrorists along with the higher ratio of innocent people is absolutely regrettable and condemnable
There can be no slightest legality or justification for a state to allow an alien force to deprive its nationals of the right to life arbitrarily. If the government of Pakistan has allowed these drone attacks then it is gross violation of the fundamental rights protected under the constitution. On the other hand if these attacks are going on without the authorization of the government of Pakistan, then again, it is the violation of the article 245 which says “The armed forces shall, under the direction of Federal Government, defend Pakistan against the external Aggression.” So, it is the constitutional duty of the government of Pakistan to direct the armed forces to defend the country against such external aggressor.
So in either case, the government of Pakistan has been guilty of the open violation of the constitution. In protecting the constructional rights and fundamental freedoms of the citizens, the role of Supreme Court is commendable so far. The apex court can take notice under Article 184(3) of the constitution to protect the fundamental rights of the individuals. It has taken suo motu notices on the issues such as Karachi killing, missing persons and many others. It should also take suo motu notice over these illegal and unjustified attacks in which hundreds of innocent Pakistani nationals have lost their lives. Unlike the other incidents, here the aggressor is obvious and the matter much graver.
MOHSIN RAZA MALIK
Lahore