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Published 31 Oct, 2008 12:00am

Rule of law must for capital inflow: Iftikhar

ISLAMABAD, Oct 30: Deposed chief justice Iftikhar Mohammad Chaudhry has stressed the importance of independent judiciary and said that this helps to safeguard the capital brought in a country by foreign investors, local entrepreneurs and the business community.

“The rule of law contributes towards maintenance of peace and tranquillity--an essential requirement for trade, commerce and flow of foreign investment,” he observed in a recorded speech shown at the Law Asia Conference in Kuala Lumpur on Thursday.

Justice Iftikhar was invited to attend the conference but he sent the video which was delivered by his spokesperson Athar Minallah.

The contents of the speech on “Rule of Law and Independence of Judiciary in the Changing Scenario of Pakistan,” were carefully chosen in view of the present situation when Islamabad is seeking hard cash to bolster its fast depleting foreign exchange reserves.

“A cursory look at the modern world clearly reveals that economic development and social progress is attained by nations who practise the rule of law through impartial and independent system of administration of justice,” the deposed chief justice said.

He said that citizens had confidence in judiciary, where courts comprising honest, independent, competent and qualified judges dispensed justice freely, fairly and impartially.

Justice Iftikhar said Pakistan had not been very fortunate in having a smooth sailing on the path of democratisation of its political institutions and strict adherence to constitutionalism.“Our country has a chequered history due to successive constitutional breakdowns, when through military interventions the Constitution was abrogated or suspended, parliament dissolved and the government dismissed.” He said the extra-constitutional measures were challenged before the Supreme Court, but the track record of the court rulings was unenviable.

“The rulings generally validated the military action on one ground or the other, either justified through the doctrine of revolutionary legality or doctrine of necessity.”

The deposed chief justice said that the phenomenon, however, had not dampened the spirit of the people who continued to aspire and strive for a civilised system of democratic governance with strong and stable political institutions, viable legal system and impartial and independent system of administration of justice.

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