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CJ for
safeguard of fundamental rights of innocent persons
By Asim Hussain
ISLAMABAD—Chief Justice of Pakistan, Mr Justice Iftikhar Muhammad
Chaudhry headed a delegation of the Supreme Court of Pakistan to
participate in the Golden Jubilee Celebrations of the Indian Law
Institute.
He was specially invited by the Indian Chief Justice, Mr Justice Y.K.
Sabharwal on this occasion. The Chief Justice of Pakistan, read a paper
on the topic “Terrorism and the Criminal Justice System”, “Criminal
Justice Under Stress: Transnational Perspectives” on the International
Conference arranged by the Indian Law Institutes on this occasion.
The Conference was inaugurated by Dr A.P.J. Abdul Kalam, President of
India. The Conference was attended by the Lord Chief Justice of England
and Wales, Chief Justice of Canada and Chief Justice of India, and some
of the other countries. In this presentation, the Chief Justice of
Pakistan underscored the need for global consensus to arrive at the
suitable definition of terrorism.
He elaborated that for dealing with the International Crime of
Terrorism, it is essential that the vital elements of the said
definition of the crime is agreed upon. He emphasized with a view to
avoid the abuse or misuse of the legal or judicial process. It is also
necessary to safeguard the fundamental rights of innocent persons.
Enumerating the various International consensus on combating terrorism
and putting the perpetrators of this international crime on trial, he
stressed upon the need international cooperation and mutual judicial
assistance to effectively decrease problems faced in extradition of the
offenders from one country to another, to ensure that the perpetrators
of the crime are given a fair trial and awarded due punishments, in
keeping with the circumstances of the case and severity of the offence.
He added that much as deterrent punishments are required for the most
abominable crime like terrorism, which targets innocent civilians, there
is also a greater need to address the rout causes and factors
responsible for terrorism. He said that mere punishments may suppress
momentarily the symptoms of malady or disease, but would never eliminate
or eradicate it, unless the rout causes thereof are addressed and
resolved. He, particularly, explained the scenario of trial of terrorism
cases by the judiciary in Pakistan and stated that he is generally
satisfied with the performance of the courts in rendering timely
decisions.
He added that terrorism is both national as well international
phenomenon. It has no religion and knows no boundaries. The whole of the
world is in the grip of the terrorism. No region or country is safe.
Terrorism in all its forms, political struggle, national liberation
movement, tribal rivalries and sectarian conflicts, ethnicity and cross
border afflicts the region. It taxes the poor nation heavily. It impedes
their already slow pace of development. It requires deeper analyst. It
calls for a multidimensional approach and strategy. |