QUETTA: Chief Justice of the Supreme Court Mr Iftikhar Mohammad Chaudhry has said that though improving the law and order situation in curbing the menace of militancy is the prime responsibility of the executive yet the judiciary will perform its due role and will play its part in accordance with Constitution and law.
Speaking at a dinner hosted by Balochistan Bar Association here on Monday night, the Chief Justice dwelt at length on “enforcement of fundamental rights through superior judiciary”
He said the Supreme Court has already taken suo moto on the deterioration in law and order situation of Baluchistan and Karachi as well as other part of the country. Some of the cases have been disposed of while some are still pending before the Court and necessary directions are being issued to concerned including law enforcement agencies from time to time.
He said due to militancy, law and order situation and absence of rule of law, the socio-economic condition has reached to the low threshold. These factors have multi facet impact on our society but also restricted the commercial activities. Many foreign authors are pin pointing that Pakistan is one of the unsafe country, this impression has badly affected the foreign investment which is one of the prime ingredient in boosting the national economy, he said.
Mr Iftikhar Mohammad Chaudhry said that the national security agencies have scarified many of its members in fighting with the menace of militancy while our national security and civil assets have been attacked.
The Chief Justice said the matter of the missing persons is also pending before the Supreme Court and it is trying its best to identify those missing person and to deal with them according to law. He said that majority of mission person belongs to the province of Balochistan and Khyber Pakhtunkhwa. These missing persons will be charged according to law keeping in view their fundamental rights.
Her said in very preamble the Constitution states about equality, non-discrimination, social justice, rule of law, etc., for all its citizens. The Constitution of Pakistan, 1973 in part-II guarantee rights to life, safeguards as to arrest and detention, fair trial, slavery, dignity of man, profession, property, education, speech, information and equality.
The fundamental rights enshrined in the Constitution are judiciable and the Constitution not only provides/guarantees these fundamental rights but also provides means/forums for their enforcement.
He said the Constitution empowered the Supreme Court under Article 184(3) of the Constitution to enforce fundamental rights of public importance and the high courts under Article 199 to protect the violation of fundamental rights to ensure social justice.
Instead of the best efforts of our constitutional founders, who were inculcating on us the importance of fundamental rights in strengthening the national fabric of social justice we failed to enforce these prime dictums of our fore founders. The result of this failure is not hidden from any one and said as per the United nations Human Development Index(HDI), Pakistan is ranked 128th out of 173 member states.
He assured that judiciary with active cooperation of the Bar, with new passion and zeal will protect the violation of fundamental rights so that the public confidence may be restored on state institutions.