Chaudhry Ahsan
Premee
ISLAMABAD:Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry said
in his speech on International Judicial Conference 2013 that:I
am extremely delighted to see my learned colleagues, foreign dignitaries,
members of the bar, public functionaries, academicians,members of the civil
society and media for having assembled here once again after yesterday’s long
working sessions of the Conference.Coming from around the world, we have
gathered here for a cause.It is to serve justice. This historical occasion will
go a long way in promoting legal and judicial reforms. I am overwhelmed by your
active participation in this three-day International Judicial Conference, 2013
and for making it a memorable event.
He said that It was
really an honor for our country, for the Supreme Court of Pakistan, for the Law
and Justice Commission and for me personally,being the head of two institutions
to organize this Conference and to receive and welcome our distinguished
guests, particularly, our international delegates who have taken time out from
their busy
schedules and have traveled from different parts of the world.
CJ said that the basic idea of organizing this Conference was to
involve all the stakeholders in the dispensation of justice to share their
experiences,knowledge and perceptions on critical issues being faced by the
justice system. I am keenly looking forward to the recommendations of each of
the Working Group, which will be placed before the National Judicial (Policy
Making) Committee for follow up action, which I
am sure, would certainly contribute to further improve the judicial
administration of the country.
CJ said that There were nine thematic groups with different topics; each
topic is well connected with the basic theme of Conference i.e. “NO VIRTUE IS
GREATER THAN JUSTICE”. Justice is a master virtue, which brings harmony and
peace amongst individuals as well as nations. An independent judiciary plays a
pivotal role in eradicating tyranny and oppression, and establishing a just and
fair social order in society,
which is essential for growth, development and prosperity. It guides us
to live a happy and contented life based on principles of equality and
fairness. Undoubtedly, judiciary has a primary role in promoting rule of law and all authorities and
institutions have to render auxiliary support and cooperation in the
administration of justice and execution
of the judicial process. The Executive and Legislature share equal responsibility
to achieve the object of independence of judiciary. If such an environment is
created where all three organs perform their functions while remaining within
their prescribed spheres, it would provide a stable and predictable
environment, facilitating the judiciary
to enforce the fundamental rights of the citizens, guaranteed under the
Constitution.
CJ said that in a civilized society the importance of
independence of judiciary is
understood and
valued. However, it is not the ultimate milestone to be
crossed or the final
target to be achieved in one go. It is an ongoing
effort in which
different targets are to be set and achieved, different
stages are to be
crossed and different levels are to be attained, till
we achieve the
ultimate objective of independence and impartiality of
judiciary.
CJ said that I feel
privileged that the Pakistani judicial system is the strongest
backer of democracy
which enjoys full confidence and faith of legal
fraternity, other
institutions as well as public at large. In recent years,
the judiciary as the
third pillar of State has successfully emerged as a
savior and a
protector of constitutional supremacy and fundamental
rights. Judicial
activism on the part of the apex Court has not only
strengthened the
judicial system as a whole, but has also enhanced
public trust and
confidence in the formal justice system. Adherence
to the
constitutional norms of equality before law and equal protection
of law by the apex
Court in all its verdicts has curtailed the arbitrary
actions and excesses
of the State institutions and private individuals;
and has also curbed
the social evils of corruption, kidnapping,
abduction, forced
disappearances, target killings, terrorism and
violation of human
rights to a great extent. However, complete
solution to these
social evils is not possible without the active
participation and
coordination of all the stakeholders in the discharge
of constitutional
duties of maintaining peace and establishing rule of
law. These social
evils need to be uprooted through a collaborative and
conjunctive effort
before they completely erode the social fabric.
CJ said that Judiciary
in Pakistan is fully cognizant of the ever rising hopes
of
our people in the
judicial institution and let me assure you that we
are working to
uphold the rule of law. We strongly believe that the
judiciary must not
take on the color of whatever may be popular at
the moment rather we
are guardian of rights, and we have to tell
people things they
often do not like to hear. With increased support of
stakeholders and
confidence of people, the independence of judiciary
would be further
strengthened.
CJ said that now I will read out the Islamabad Declaration
2013 of the
International
Judicial Conference 2013: -
Group 1: “Role of
Judiciary in the Developing World” hereby
declares:
That societies
progress on the basis of strong and
long-lasting
institutions and not individuals, it is
recommended that the
judiciary needs to be
strengthened as an
institution rather than placing a
wholehearted
reliance upon the strength of a few
individuals.
It is further
recommended that a clearly defined and
structured exercise
of suo motu jurisdiction needs to
be evolved.
It is proposed that
the judicial system needs to be
reformed in such a
way that majority of the cases
are decided in
district courts without prospects of
endless appeals.
It is also proposed
that confidence of litigants in the
judicial system is
restored.
It is declared that
the judiciary should play an active
part in enforcing
rule of law which is pivotal in the
developing world to
counter corruption, infringement
of fundamental
rights and excesses of state
functionaries.
It is declared that
specialized judicial education
should be imparted
whereby judicial officers are
trained in technological
advancements. The view
that a legally
empowered vibrant civil society
conscious of its
rights can improve living conditions
of the poor is
endorsed, hence, renewed efforts are
required to inform
and educate people on their
rights, which they
can enforce through courts of law.
It is highly
recommended that the judiciary as a
whole should embrace
technological advancements
and move towards
computerization of the entire
system so that the
mischief’s emanating from the
current manual
system may be suppressed.
Finally, it is
recommended that the judiciaries of the
developing world
must assert themselves vigorously
so that
constitutional schemes and intents are
properly implemented
for the betterment of the
populations at
large.
Group 2: “The Rule
of Law and International Peace” hereby
declares:
(A) That the
recognized international principles of rule of law
should be
implemented in true letter and spirit. Mechanisms
should be evolved
for dispute resolution amongst the states in
a manner which
promotes peace.
(B) Furthermore, it
should be ensured that all states respect,
secure and protect
human rights irrespective of religion,
ethnicity or
nationality.
(C) Moreover, the
Government of Pakistan should initiate and
take appropriate
steps for revamping and updating of
international rules
for upholding peace in the international
community,
particularly, international rules should be devised
to regulate and
govern robotic and cyber warfare without
encroaching upon the
sovereignty of states.
(D) Lastly, it is important
to strengthen cooperation amongst
states at the
regional and international levels, while dealing
with international
crimes.
Group 3: “Terrorism
and Money Laundering” hereby declares:
That the threat of
Terrorism and Money Laundering
transcends national
boundaries of civilized nations and
affects the very
fabric of any society. Terrorism and
Money Laundering by
their very nature undermine the
rule of law; a
principle that is cardinal for any society to
realize its full
potential while ensuring justice everywhere.
and Money
Laundering. In fact, it has incurred a heavy
cost, both in terms
of life and property, while fulfilling
its international
obligations to counter terrorism being a
responsible member
of the comity of nations. However,
specific legal steps
need to be taken to address several
areas of concerns,
such as, strengthening of anti-terrorism
laws, capacity
building of stakeholders responsible for
prosecuting these
offences, mutual legal assistance with
various countries
for effective prosecution of trans-national
organized crimes,
witness protection, collection of evidence
and investigation,
etc. It is underlined that the war against
terrorism as was
commenced in the aftermath of various
United Nations
Security Council resolutions has now
become a fight for
our national security and integrity, and
the very survival of
the state and people of Pakistan .
Group 4: “Public
Interest Litigation:
Fundamental Rights”
hereby declares:
(A) That public
interest litigation should be recognized as
a valid and powerful
tool of legal empowerment for the
underprivileged
sections of society.
(B) Awareness needs
to be raised amongst the general public
about remedies which
have become available to them on
account of recent
developments in this field of law.
(C) Public interest
litigation should be dealt with in a manner
which also affirms
the role of other judicial forums.
(D) The Supreme
Court’s jurisprudence on Article 184(3)
of the Constitution
be systematically analyzed and
crystallized on an
ongoing basis.
(E) Lastly, it is
emphasized that further empirical research
needs to be
conducted on public interest litigation
in Pakistan in order to make popular discourse more
informed.
Group 5: “Role of
Judiciary in Consumer Protection” hereby
declares:
(A) That for the
effective protection of consumer rights,
equally
comprehensive legislation should be enacted
across all the
provinces with the establishment of
Consumer Protection
Councils and Consumer Courts
thereunder and the
enactment of required rules and
regulations without
further delay.
(B) To improve
access to justice, Courts should be established
at the sub-division
level with straightforward procedure
under the consumer
protection laws that encourage
consumers to
approach the court and remove deficiencies
in the statutes for
recording of evidence and execution of
decrees.
(C) Disparities
between different legislation should be removed
and the jurisdiction
of Consumer Courts enhanced for
greater efficacy.
Group 6: “Legal and
Judicial Education” declares:
(A) That the
judgment passed by the Hon’ble Supreme Court
of Pakistan in Pakistan Bar Council v. Federal Government
(PLD 2007 Supreme Court 394) must be implemented
in
letter and spirit by
the Universities and Colleges of Law, all
across Pakistan .
(B) There needs to
be an integrated legal education system
following a uniform
curriculum, including optional modules
with respect to
developing areas of law.
(C) The Federal and
Provincial Governments should allocate
greater resources to
the Universities. Judicial academies
should prioritize
research and publication and undertake
Training Needs
Assessment (TNA) to ensure effective
capacity building of
future judges for better dispensation of
justice in the
future.
Group 7: “Alternate
Dispute Resolution” hereby declares:
(A) That the Bench,
the Bar and other stakeholders need
training on ADR. For
this purpose, training programs
should be devised by
the Bar Councils in collaboration
with the Law and
Justice Commission, and the Pakistan
Bar Council should
introduce a course on ADR in the LL.B
degree program.
(B) An official
institute of arbitrators be established so that
persons from fields
relevant to the matter in dispute are
readily available.
(C) The “Lok Adalat”
system as introduced and developed
in India should be examined to see how it can be used
for our mutual
benefit and the ADR mechanisms already
available in the Law
should be highlighted and fully
enforced.
Group 8: “Parental
Child Abduction and Transnational
Jurisdiction” hereby
declares:
(A) That in view of
the significance of the issue of Parental
Child Abduction as
well as the sensitivity and compassion
required when
dealing with such cases a range of social,
moral and
psychological issues must be considered in
addition to legal
concerns.
(B) In order to
prevent parental child abduction final
judgments of Family
Courts relatable to wrongful
transnational
movement of children should be enforced by
Immigration
Agencies.
(C) Furthermore,
concerned parties should be made aware
about the available
pro bono and legal aid options within
and outside Pakistan to provide relief to aggrieved
persons.
(D) It is pertinent
that legal luminaries, jurists, and other
specialists strive
to resolve conflict of international laws
pertaining to
transnational child abduction and reach a
formal consensus as
to the "best interests" of the child
among the various
jurisdictions.
(E) Moreover, it is
necessary to carry out a pre-ratification
consideration of all
aspects of the Hague Convention and
possible
reservations to ratification, as well as ensuring
wide circulation of
the Pakistan-UK Protocol on Children
Matters.
(F) It is
recommended that the achievements of the Malta
Process and the
working party on mediation in family law
be extended full
support and domestically specialist judges
be appointed in
family courts to deal with such matters.
(G) Lastly, the
recommendations put forth during the
International
Judicial Conference 2012 being in line with
the UN Convention on
Rights of Child should be prioritized
and implemented
promptly.
Group 9: “Cyber
Crimes” hereby declares:
(A) That stakeholder
draft of the cyber crime bill before
the national
assembly be immediately enacted and
promulgated into
law.
(B) The government
should urgently seek accession to
Multilateral Mutual
Legal Assistance Treaties including the
convention on cyber
crime to effectively combat cyber
crime.
(C) The FIA ’s NR3C should be institutionalized on a
permanent
basis and should
only include qualified personnel with
respect to
investigation as well as prosecution of cyber
crime.
(D) Abuse of cyber
crime laws by combining them with telecom
offences and a
disproportionate focus on telecom as
opposed to true
cyber crime which harms the public should
cease.
(E) Capacity must be
built in order to enable collection of
digital evidence.
Collection should be on-site as opposed to
physical seizure and
removal of equipment that negatively
impacts rights of
other users and continuity of legitimate
business.
(F) Fundamental Rights
need to be specially protected in light
of the new and
unique powers available to investigation
agencies at all
times ensuring independent judicial
supervision.
In the end, I would
like to thank all the participants from home and
abroad – the Hon’ble
Judges of the Supreme Court, the High Courts
and the District
Judiciary, jurists, senior advocates, academia and
young lawyers for
taking time out to travel from every nook and
corner of the
country and attending the conference. I appreciate your
enthusiasm,
commitment and dedication that you have shown for the
cause of legal
profession and the justice system. My first and foremost
appreciation and
thanks are due to the Organizing Committee
comprising
Mr. Justice
Tassadduq Hussain Jillani, the Senior Puisne Judge and
other senior Judges
of the Supreme Court, namely,
Mr. Justice
Nasir-ul-Mulk, Mr. Justice Jawwad S. Khawaja and Mr.
Justice Anwar Zaheer
Jamali, who provided the much needed guidance
and played the
leading role in successfully organizing this conference.
I also appreciate
the dedication and commitment of
Mr. Habib-ur-Rehman
Sheikh, Secretary, Law & Justice Commission
of Pakistan and other staff members, Dr. Faqir Hussain,
Registrar,
Supreme Court of
Pakistan and other staff members, law clerks,
rapporteurs,
volunteers, law students and internees, who worked day
and night to make
this mega event successful. I extend my heartiest
congratulations to
all of them. I am sure they will be making similar
contribution in
future with a view to strengthening the system of
administration of
justice in the country.
I thank the learned
Chief Justices & Judges of the Lahore High Court,
for hosting dinner
and lunch in honour of the participants of the
Conference.
Our applaud is due
for the little angels from Bloomfield Hall School
who played the song
‘Justice For All’ to the great pleasure of the
audience. I was so
delighted to see their blooming faces and I wish
them all success in
their future life. Their presence really made the
event colourful.
Let us pray to Allah
Almighty to enable the Judiciary of Pakistan to
administer justice
to all manner of people in accordance with the
Constitution and the
law and without any discrimination across the
board.
I wish all of you a
safe and pleasant journey back home and sweet
memories of your
visit to, and stay in, the capital of Pakistan .
Thank You