The CJ said that the changed times demand to redefine national security, not only in terms of defence against external aggression but also in terms of security of the people of Pakistan, through ensuring their physical safety, as well as protection to their social, political and economic rights. He said supremacy of the Constitution and the rule of law are the keystones of all requisites of democratic governance which goes to ensure a sustain economic and social development in the society.
"A society respecting and implementing constitutional norms generally and rule of law particularly ensures protection of human rights, free and fair political system, public confidence in the law enforcement agencies and the Court and the strengthened socio economic set up," the CJP said counting equal protection of law, procedural fairness, safeguard of civil liberties and fundamental rights and access to justice as some of the traits of a civilised and egalitarian society which hinges upon the rule of law.
Speaking on the subject 'People's security and the rule of law,' the Chief Justice said it is very important that the people's security should be broadly envisioned and, alongside the defence imperatives, other factors directly affecting rights of the citizens should also be accounted for, which rest on adhering to the principles of supremacy of the constitution and the rule of law. The Chief Justice said that it was the duty of the state, under the Constitution, to establish peace and security for its people and to rebuild justice institutions for the development of economic growth and public confidence.
The CJ said that the Supreme Court of Pakistan, being cognisant of its role and duty as assigned by the Constitution, has always come to the aid of the suppressed segments of society. Suo motu action taken by the Supreme Court in the missing persons case has resulted in the recovery of many disappeared persons. However, the Chief Justice said, unfortunately the government still has not done any proper legislation to the effect of preventing disappearances of the persons. Every day, the number of enforced disappearances is increasing, particularly in Balochistan, and there are allegations of extra-judicial killings and mutilation of bodies as well. Religious intolerance, sectarian tension and riots between various religious and ethnic groups are rising day by day, the Chief Justice noted.
Judiciary, he said, no doubt is the ultimate protector of the rights of the citizens. Yet it is the work of the legislature to repeal outdated laws and formulate proper legislation to cope with the problems of human rights abuses. An independent judiciary plays the role to protect rights of the people. Protection of human rights and civil liberties, as recognised the Constitution, is not possible without respect to the rule of law. And, the role of judiciary is not that of the Opposition to other two organs of the state in that way. He said the Judiciary has to work in collaboration and co-operation with other organs to sort out the ways in which the human rights and civil liberties could be best protected.
The Chief Justice said the rule of law checks the unbridled exercise of powers by the state institutions. He said it's the prime duty of the government to take proper legislative measures for the enforcement of human and fundamental rights in order to bring peace and social tranquillity.
Besides delegates from India, Sri Lanka, Bangladesh, Nepal, Malaysia, Fiji and UK, hundreds of senior advocates and superior court judges witnessed the first day proceedings of the conference. SCBA President Ms Asma Jahangir, SCBA India President Pravin H Parekh, JC Weliamuna of Sri Lanka and Secretary SCBA Qamar Zaman Qureshi also spoke to the gathering.