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| October 2, 2005 | Sunday | Sha’aban 27, 1426 |
Norms of justice must be observed: CJ: HR needs protection in crisis
ISLAMABAD, Oct 1: Chief Justice Iftikhar Mohammad Chaudhry said on Saturday that the duty of judges became manifold in crisis to guard the fundamental rights of people against excessive or exorbitant use of executive force.
“Unchecked exercise of power begets greater abuse of power,” the chief justice observed while speaking at a seminar on ‘War on terror and rule of law’ organized by the Supreme Court Bar Association.
Preserving the rule of law and recognition of constitutional and basic human liberties were necessary components of democracy, the CJ observed, adding that sometimes a democracy must fight with one hand tied behind its back. Adherence to rule of law and norms of justice was the hallmark of a civilized democratic society, he said.
A fugitive, when arrested, could not be unceremoniously handed over to a foreign government without producing him before a magistrate as commanded by Article 10(2) of the constitution, unless declared enemy alien, the CJ emphasized. The Extradition Act, 1972, provides for procedures for extradition and it should prevail and be honoured.
All norms of justice must be observed by the court before which an accused terrorist was facing trial, he emphasized.
The golden principles of civilized democracy could not be dispensed with in pursuit of war against terror as violence begets violence and injustice leads to revolt, the CJ observed.
Quoting a saying of Hazrat Ali (RA) that “an un-Islamic polity may prevail but tyranny cannot endure,” he said inhumane and degrading treatment accorded to prisoners of war in recent past had been a matter of concern for all fair minded and conscientious people in the world.
He said Pakistan was a partner in the war on terror because the country had suffered due to the problem. Its efforts to uproot terrorism had been successful, he said, adding that those were not confined to military and police operations and included social, economic and educational reforms.
In launching such efforts, the nation had been strengthened in its belief that Islam was a religion of peace and could never countenance terrorism as an instrument of achieving goals, he said.
He said the international community needed to realize that resolution of conflicts was the surest way to quell violence and eradicate terrorism.
He said adherence to universally acclaimed fundamental rights and freedoms was an important factor for dealing with humans, even those in conflict with law.
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