KARACHI, Feb 22: The South Asian jurists, judges and lawyers ended their deliberations here on Sunday with earnest calls for accelerating the pace of regional cooperation to face the challenges of globalization.
Addressing the valedictory session of the 10th Saarclaw Conference, Chief Justice Sarath N. Silva of Sri Lanka, who said he had gone grey in the service of Saarclaw, made an impassioned plea for transforming Saarc into an economic and political grouping on the pattern of the European Union and the adoption of a Saarc legal charter.
"We don't have to reinvent the wheel; it is there in the shape of EU", he said, recalling that it were the academia, particularly the economists and lawyers, who conceived the European Economic Community at a time of devastation and impoverishment caused by the World War II.
"The Safta and Sapta are a far cry and the region must move fast lest it be left further behind", he said. The visa regime should be liberalized first because free movement of people must precede free movement of goods and services. He regretted that Attorney General Makhdoom Ali Khan had to intervene to arrange visas for the conference participants in the nick of time.
A liberalized visa regime should be followed by a customs union immediately, he proposed. The new visa and customs rules should not be devised by immigration and customs authorities of various countries as they have 'a vested interest' in the status quo.
He called for adherence to 'the theory of functionalism', which envisaged that co-operation between various sectors should be discussed by the very people involved in it. Health problems should be discussed by doctors, academic issues by universities, legal matters by lawyers and trade affairs by traders.
Justice Silva thanked Justice R. C. Lahoti of the Indian Supreme Court for coining the word 'Saarcarians' for the participants of the conference and the people of the region at large and desired that it should be given currency.
Standing in for Advocate S. M. Zafar, Dr A. M. Singhvi of India said if the customs union could not be established expeditiously, the Saarc countries should at least set up a regional human rights commission and court.
Referring to the theme of the conference (leap forward - new generation laws), he urged South Asia to take one giant leap forward to cast off backwardness, mistrust, poverty and ignorance. He, however, entered a caveat by saying that "we must look before we leap."
Justice R. C. Lahoti said the chief justice of India had to leave midway because of an urgent hearing he had to conduct on Monday and a flight was available only on Saturday morning.
Addressing the participants as 'my dear Saarcarians', he said the men of law should assume the command if South Asia were to make progress. No religion hindered the path of progress if understood in the real spirit of divine dispensation.
Chief Justice Nazim Hussain Siddiqui appreciated the efforts of the organizers, participants and all others involved in achieving the aims and objects of the conference. "We all have enriched out knowledge and experience by exchanging views," he said.
Calling for a socio-economic change, he said: "We must leave behind a legacy our future generations could be proud of. We must not allow the legal process to be used for ulterior purposes by unscrupulous elements who are ever ready to craft technicalities to defeat the ends of justice.
This tendency is the most contemptible ... and needs to be checked to relieve the courts of frivolous litigation. Only then would we be able to avail the benefits of law in terms of social and economic progress, elimination of corruption, discrimination, victimization and exploitation."
Chief Justice G. B. Shrestha of Nepal said Saarclaw should lead and guide its parent body (Saarc) in adopting a regional approach to face the challenges of globalization. Chief Justice L. S. Tobgye of Bhutan said Saarclaw can look back with pride and forward with hope. "Justice is essential for peace." he said.
Chief Justice S. J. R. Mudassir Husain of Bangladesh said backlog of cases was a problem shared by all Saarc countries. They should devise a strategy for prompt disposal of cases in the interest of justice.
The Anglo-Saxon law, which the countries followed, was based on adversarial proceedings in which lawyers had a vital role to play. He urged the region's legal community to find a way out to prevent delays without sacrificing justice.
Chief Justice Rasheed Ibrahim of the Maldives said the conference deliberations had pinpointed the problems faced by the region and what was needed now was a plan of action.
The conference was attended by members of the bench and the bar, including Pakistan Bar Council members Kazi Abdur Rahim, Abul Inam, Rashhed A. Rizvi and M. Akram Shaikh, and Justice (r) G. H. Malik, president of the Saarclaw's Pakistan chapter, who said in his closing remarks that "it has met with unprecedented success."