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Democratic Government Did Not Nullify Acts Of Military Ruler: Iftikhar Chaudhry

Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhary addressing the inauguration of the 17th Commonwealth Law Conference in Hyderabad Deccan.

HYDERABAD DECCAN: Chief Justice Iftikhar Muhammad Chaudhry has said whenever a country is ruled by the elected representatives under the dispensation of the Constitution, the system of good governance is strengthened.
Delivering his keynote address at the inaugural session of the 17th Commonwealth Law Conference in Hyderabad Deccan, India on Sunday, he said the existence of an independent judiciary was vital to the enforcement of fundamental rights, trade and commercial activities in accordance with the law and constitution.

Dilating on the theme of conference, “Emerging economies and the rule of law: opportunities and challenges,” he referred to the topic of rule of law and said it bore a substantial impact on the economic development across the globe. “The judiciary of Pakistan has passed through different phases where efforts by adopting unconstitutional measures had been made.

But the judiciary ensured its independence in all circumstances because it is of the opinion that when there is constitutionalism and rule of law, it guarantees a democratic system in the country instead of military rule,” a press release said.
The CJ said a strong constitutional and legal framework was necessary to establish the rule of law. The constitution of a state being the supreme law keeps every organ of the state autonomous and independent, yet subject to certain limitations and restrictions, but at the same time, ensures supremacy of the law, which is essential for economic development of a country.
Referring to the Nov 3, 2007 steps, he said, for the first time in the history of Pakistan, the judiciary, which had achieved independence by covering some distance, asserted itself and the Supreme Court declared those measures as unconstitutional and illegal in its landmark order on the same day. The superior judiciary, sacked by adopting unconstitutional measures, was ultimately restored and the democratic government did not validate or condone the acts and actions taken by the military ruler, he added.
“Rule of law and equality before the law are the hallmark of Islamic thought and philosophy, which derives its authority from the Holy Quran and traditions of the Prophet (PBUH),” he added. He said the concept of the rule of law was further developed by the International Commission of Jurists, known as Delhi Declaration, 1959 and, according to it this formulation, it implied that the functions of the government in a free society should be so exercised as to create conditions in which the dignity of man as an individual was upheld.
“This dignity requires not only the recognition of certain civil or political rights, but also creation of certain political, social, economic, educational and cultural conditions, which are essential to the full development of his personality,” he added.
Elaborating his viewpoint, he said the Universal Declaration of Human Rights 1948 aimed at protecting these rights and setting out guidelines for the member states to formulate policies and prescribed standards for securing these rights.
The two international covenants i.e., International Covenant on Civil and Political Rights 1966 and International Covenant on Economic, Social and Cultural Rights 1966, further obligate the member states to take concrete measures in making these rights available to its citizens as well as foreign nationals on its soil, he added. About Pakistan’s constitution and role of law, he said it had given necessary powers to the Supreme Court to protect the fundamental rights.
The court took up suo motu notices of ordinary cases and some various high profile cases of human rights violations including the famous case of the Darshan Mashi, the system of bonded-labour, the kite-flying case, the New Murree Project and the illegal allotment of space for the fast food outlet in a public park at Islamabad, National Reconciliation Ordinance and Pakistan Steel Mills etc, he added.
He said the judiciary, as a matter of fact, has jurisdiction over all matters of justifiable nature. Being an institution of the highest value in a society, the judiciary has to work impartially, without being influenced directly or indirectly, by the whims of other institutions or partisan interests.
“Its decisions and rulings have impacts on the system of governance. A reformed and modernised legal system, administered through an efficient system of judicial administration, go a long way in resolving conflicts, settling disputes, restoring rights/entitlements and redressing grievances, which in turn, leads to peace and tranquillity in society,” he added.
The CJ said Pakistan being a member of the World Trade Organisation has also promulgated various acts and ordinances so as to bring itself at par with the international standards, in terms of observance of trade laws and trends. To the subject of accountability in judicial system, he said transparency and accountability of the judicial institution indeed contributed towards establishing judicial independence.
“The open and transparent operation of judicial systems builds the confidence of the public at large by ensuring commercial activities of the emerging economies, establishing rule of law, and protection of human rights. It generates an increased flow of information from the judiciary to society, thus informing the public about its performance and to notice its shortcomings,” he added.
He said although the constitution accorded a separate existence to the judicial institution, at the same time it also lays down parameters for its accountability and transparency. The Article 209 of the Constitution of Pakistan in express terms subjected the judges of superior courts to accountability. The Supreme Judicial Council being the creation of the constitution itself empowers the council to take action, in accordance with the law, against the delinquent judges, in case of misconduct, he added.
About the objectives of the conference, he said it would serve like a beacon for those who stand for human rights and rule of law in society, including the investors, financers and traders.
He said it was in the interest of every country, region and indeed the whole world both developing and the developed, to uphold the principle of rule of law, transparency and accountability not only in the affairs related to the domestic administration but in the international arena as well.