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Summary CJP Iftikhar Muhammad Chaudhry has said that respect for law is the only solution to terrorism.
“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 International Jurists Conference at the UK.He stressed that the courts must treat every person without regard to his caste, colour and status as fulfilling their responsibility of administration of justice.“The judiciary by adopting an attitude of zero tolerance towards crime and criminal; in accord with legal procedures can no doubt bring the society towards peace and prosperity,” he added.Highlighting the role of the judicial system, the CJP said it has a special role to play in securing the basic human and fundamental rights to citizens in a given society and in protecting their life and liberty.Judiciary, he said, acts as an ultimate protector and upholders of rights of citizens and civil liberties. He said the 1973 Constitution has made specific provisions for the protection of fundamental rightsHe said the Supreme Court of Pakistan acts 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 has set out precedents of constitutional importance that have 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 as a sine quo non for a functional democracy and it is central for social harmony and good governance in any given democratic society.“Independence of judiciary from extraneous and internal influences is essential for the nourishment of good governance in all institutions of the State,” he observed.Justice Iftikhar Chaudhry said that rule of law bears a substantial impact on the economic development of transitional States and its establishment rests 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 is a democratic State having an autonomous executive, a bicameral legislature and independent judicial system.He said the principle of trichotomy of power beautifully woven in the constitutional scheme of Pakistan distributes and harmonizes 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 adherence to the constitutional principle of trichotomy of powers facilitates the establishment of rule of law which is an essential trait of any democratic setup, adding trichotomy of powers is a tool to diffuse powers of all the three organs as absolute power is likely to be misused or abused.He said unfettered and unrestrained investing of powers in one of the organs of the State is 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 that anarchy and chaos are the natural outcome of arbitrary exercise of powers by the State institutions thus the system of checks and balances runs parallel to the system of distribution of power.Talking about the menace of terrorism, he said it has 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 is the foundation of tranquility, justice, societal freedom and peace in the world. Protection of these rights is indispensible for the existence of humanity.He told the conference that Pakistan enacted and enforced special anti-terrorism laws to counter terrorism and terrorist activities.
