NJC ends with call for encouraging FDI

KHUDAYAR MOHLA

ISLAMABAD: The two-day International Judicial Conference, 2014, concluded on Saturday with the adoption of ‘Islamabad Declaration’ and several recommendations, one of which emphasized to encourage Foreign Direct Investment (FDI) as well as other economic activities in the country. During the concluding session of the conference, Chief Justice Tassaduq Hussain Jillani announced the Islamabad Declaration, prepared by four groups. He said that in respect of the Judicial Review of Administrative Actions, the judiciary, not only in Pakistan but all over the world, particularly in developing countries, strives to establish ‘constitutionalism’ by exercising the power of judicial review.

This places a rational limit over the decisions and actions of other organs of the State and this spirit must be maintained and kept alive, the declaration added.

The document further stated that the power of judicial review may be exercised to preserve the Constitution as a living and organic text by recognising and enforcing emerging contemporary human rights such as the right to health, food, shelter and other amenities of life.

The declaration added that power of judicial review may also be exercised for the eradication of rent seeking behaviour and encouragement of the FDI and other economic activities within the country.

“To complement the exercise of power of judicial review by the superior courts, the district judiciary and other judicial forums may also be strengthened so that people have access to justice at their doorsteps,” the declaration added.

It maintained that exercise of suo motu jurisdiction by the Supreme Court of Pakistan may be duly structured and regulated by the court and the principle of trichotomy of power enshrined in the Constitution be respected so that exercise of judicial powers neither hampers nor stunts executive policies.

“Finally, the sanctity of the people’s trust in the legislature to legislate must be kept in mind while seeking judicial review of legislative instruments,” the Islamabad Declaration concluded.

Chief Justice Jillani also declared that the subject of role of judiciary in protecting human rights the superior courts may not exercise a roving and supervisory role to ensure fundamental rights are complied with.

He declared that the superior courts shall exercise their jurisdiction in such a way that they are not overburdened with civil and political claims.

Accordingly, the subordinate judiciary may also play a pivotal role in safeguarding the fundamental rights of citizens, he said, adding that it is suggested that the judiciary must ensure access of speedy justice and abridge the lengthy legal procedures and hurdles faced by litigants.

He said that it is further suggested that a court of sessions be designated as a human rights court for a particular district. It is recommended that legal aid facilities may also be made available to the marginalised sections of society.

“It is further recommended that social, cultural and economic rights should be identified as inalienable to help foster social justice. It is also recommended that the legislature should identify structural issues resulting from social and economic disparities which pose an obstacle to the fulfilment of constitutionally guaranteed fundamental rights,” the CJP said.

He said it is also recommended that the judiciary should remain conversant with human rights challenges being raised and addressed all over the world. It is strongly recommended that the right of fair trial and due process of law be guaranteed.

While pointing out the subject of Access to Justice in the context of Constitutional Requirements, the Chief Justice declared that an empirical study to examine the causes of maladministration in various jurisdictions of Pakistan’s judicial system be conducted.

“This study should focus on identifying the primary causes of delay; means of supplementing human resource and infrastructural capacity of courts; current public perception of fairness of the judicial process; ideal service structure for judges and court staff; litigant’s ability to pay for litigation costs; sufficiency of the powers of the district judiciary for the purpose of providing proper/effective oversight of executive authorities as well as legislative, judicial and administrative measures which may be taken to provide greater access to justice to the citizens of the country” the Chief Justice added. He further said that by following such study, suitable changes to the rules and culture of the Bar may be introduced in order to ensure that legal aid is provided to deserving litigants.

While letting the participants know over recommendations on the subject of the Role of the Judiciary in the Promotion of a Culture of Tolerance, the Chief Justice Jillani said it is imperative that courts must promote tolerance and be sensitive to the social, ethnic, racial and gender background of the parties and demonstrate empathy towards these considerations.

He maintained that dedicated persons who share a strong commitment to the dispensation of justice be appointed as judges and suggested that judicial training be imparted to judicial officers to sensitize them to the biases and prejudices plaguing the society.

“Finally, it is recommended that rights for protection of minorities must be effectively and meaningfully enforced”, the Chief Justice said.

Chief Justice Jillani said in his concluding remarks, “Before I part with you I have a dream and a thought to share - Dreams and hopes are a prelude to visions and resolves - These are engines and catalysts of all human progress and social change.”

He said that 50 years ago Dr Martin Luther King, a visionary and a fighter for human rights had a dream that his nation will rise up and live up to the true meaning of its creed that all men are created equal, adding that the dream changed the course of American history.

The CJP maintained that the US Supreme Court which declined to give equal status to Afro-Americans in Dred Scott’s case (1857), in Brown v. Board of Education (1954) declared that black and white are equal and that there shall be no segregation in schools. He said that there was a cultural sea change, adding that the people elected a person of colour as their President.

The Chief Justice expressed the hope saying, “Let us for a change, shun individual dreams and let us instead dream as one people and for one race of humans; Let’s dream together for a world we live in, a world of globalised interdependence ; Let’s dream for a day when all the international and regional bodies forge a common goal of a universal desire of people across the globe to be governed by the rule of law; Let’s dream for a world which treats all people equally before the law; Let’s dream for a day when the walls of pride and prejudice, of race and colour, of caste and creed, of religion and gender, fall and people live as one race of humans; Let’s dream for a day when the nations of the world burry their hatchets and their nuclear arsenals; Let’s dream for a day when genocide or ethnic cleansing or waging of war becomes a distant memory; Let’s dream and pray for a day when we live by the true meaning of Quranic command, “Let there be no compulsion in religion”; (2:256); Let’s dream that there is a dawn when nations of the world do not ask for “whom the bell tolls” but believe that it tolls for every nation; Let’s dream for a day when the world is liberated by law and the people are not condemned by caprice; Let’s dream for a day when there is no midnight knock on the door or a sudden disappearance; Let’s dream for a day devoid of show trials, of subjugation of prisoners through genetic experiments and of confessions extracted by torture; Let’s dream for a day when people across the globe canalize their energies and resources for a better future, for peace and for prosperity; Let’s dream for a day when innocent men and women do not die of hunger, of disease or of infliction of terror; Let’s dream that our dreams come true, that they turn into passions, into oaths and resolves; Let’s unite for these dreams and these visions.

Chief Justice Jillani added that these dreams, these hopes, these aspirations and goals are the outcome of our common wounds and pains adding, “Let’s pledge to live for and live by these aspirations and goals; let’s defeat those who want to defeat us.