ISLAMABAD: The International Commission of Jurists (ICJ) has paid rich tribute to Chief Justice of Pakistan Iftikhar Chaudhry crediting him with pioneering a new era of independence of the judiciary in Pakistan and taking steps to promote the rule of law, address corruption and restore respect for the Constitution.
The report recently issued by the commission, discussed the role of the judiciary in Pakistan and assessed the apex court’s efforts to bring accountability in the country.
“In the years following Chief Justice Iftikhar Muhammad Chaudhry’s reinstatement in 2009, the Supreme Court pioneered a new era of independence of the judiciary in Pakistan led by CJ and the apex court took steps to use its independence to promote the rule of law, address corruption and restore respect for the Constitution”, says the report.
The report has discussed the importance of the present judicial system and has lauded the apex court’s role in the current scenario.
The report says: “Since its restoration in 2009, the Supreme Court of Pakistan has emerged as an independent and powerful institution led by Chief Justice Iftikhar Muhammad Chaudhry; the court has actively asserted its independence from other branches of the state and has stepped into a new territory by actively checking excesses by the civilian government and taking a firm stance against unconstitutional usurpation of power by the military. In doing so, the court has helped Pakistan better meet its commitment to the rule of law and has brought Pakistan closer to fulfilling some of its obligations under the international human rights law. This report has documented some of the strides made by the Supreme Court in these areas; needless to say, these cases are not exhaustive”.
The report has also mentioned about the Supreme Court’s uncharacteristic show of independence and background of the sacking of the chief justice who challenged the then military dictator Pervez Musharraf in two different cases i.e. privatization of Pakistan Steel Mills and the suo-moto notice of enforced disappearances.
The report also claims that the achievements of the Supreme Court were notable; the court’s orders resulted in high-level members of the civilian government being brought to account, ending decades of impunity enjoyed by those in power.
The report has taken account of the achievements of the apex court in curbing corruption in government departments. It says, “Soon after Chief Justice Chaudhry was restored as Chief Justice in March 2009, the Supreme Court struck down the National Reconciliation Ordinance (NRO). The Court declared the NRO unconstitutional on grounds that the Ordinance violated, among others, the right to equal protection of the law. The NRO had been adopted as part of a political deal between General Musharraf and the late Benazir Bhutto, signed in the last months of General Musharraf’s regime”.
Besides NRO, the report has also given credit to the Supreme Court in Liquefied Natural Gas (LNG) quota case. In other matters related to corruption, the Supreme Court closely supervised investigations, requiring regular updates from and providing guidance to investigators.
The court took such action in relation to investigations of the National Insurance Company Limited (NICL) scam involving allegations that high-profile political figures had engaged in embezzlement and in relation to the Hajj Corruption scam, in which senior government officials, including former Minister of Religious Affairs Syed Hamid Saeed Kazmi, were implicated.
The report further says: “The Supreme Court’s assertion of independence in 2006 constituted a marked departure from the court’s previous conduct, beginning a new chapter in the history of the Supreme Court of Pakistan. Before 2006, judicial review was rarely used to challenge the executive or the legislature. The Supreme Court, for the most part, remained deferential towards decisions taken by the executive and legislature, enabling widespread impunity to pervade all levels of government and throughout the infrastructure of the state.
Under the leadership of Chief Justice Chaudhry, particularly since his reinstatement in 2009, the Supreme Court has been able to distance itself from other branches of the state, taking meaningful steps to establish the rule of law”.
The report has also included the interview of the Registrar Supreme Court saying that the Human Rights Cell of the Supreme Court continued to receive approximately 250 applications under Article 184(3) daily. While the Supreme Court, under the leadership of Chief Justice Chaudhry, has dealt with a significant number of human rights petitions, in fact more than any previous Supreme Court bench, it has squandered more than one opportunity to deliver redress on pressing human rights crises in Pakistan.
“The Supreme Court has made some notable progress in protecting and promoting respect for human rights: (1) Providing redress to victims of serious crimes, including human rights violations, by ordering and monitoring criminal investigations and ordering prosecutions; (2) Promoting and protecting women’s rights by taking up petitions and taking suo moto notice of situations involving violence against women in Pakistan; and (3) Protecting groups vulnerable to discrimination, notably transgender and transsexuals in its landmark ruling recognizing the rights of the hijra (eunuch) community,”
0 comments:
Post a Comment