- Justice Nisar says directives issued to civil courts not to issue stay orders in CPEC related projects
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Monday said that the most important element for putting foreign investors at ease in a country is to ensure a strict adherence to the ‘rule of law’.
He expressed these views while addressing the faculty members and students at East China University Shanghai in China, said a statement.
The CJP also said that if foreign investors in Pakistan can be assured that any disputes arising out of the trade and commercial contracts will be dealt with in a quick and just manner then it will make Pakistan a more attractive destination for foreign direct investment (FDI).
Justice Nisar said that his visit to China is an attempt to further strengthen the cordial relations between Pakistan and Chinese citizens and their governments by sharing experiences and capabilities in different walks of life especially in the justice sector.
Talking about the role of the superior judiciary in Pakistan, he said that National Judicial Policy Making Committee (NJPMC) has issued directions to civil courts not to issue ex-parte stay orders in respect of CPEC related projects.
The CJP said that this initiative will improve the confidence level of foreign investors on Pakistan’s judicial system and will give a sense of protection, comfort and peace of mind whilst investing in Pakistan.
Moreover, with respect to CPEC investment, there is a requirement of uniformity in laws, processes and mechanisms and there is a need of a forum like IFC DUBAI to look after foreign direct investment and that special courts should be designated for hearing CPEC related disputes.
Justice Nisar also said, “We believe that the judiciaries of the region, especially with regards to CPEC, Pakistan and China need to work closely for developing mechanisms such as smart courts and information centres so that both the countries can progress hand in hand.”
He added that the superior courts in Pakistan provide checks and balances to the executive power of the state by means of judicial review of executive actions.
“It is important that our trading partners should know that if and when any dispute arises with respect to any commercial transactions/dealings it will be dealt with fairly by the courts in Pakistan and even where the other party is the government of Pakistan, the Pakistani courts will hold their actions to the highest standards possible,” he added.
Justice Nisar also said, “The judiciary in Pakistan is truly independent and we mete out judgments without fear or favour.”
Being torchbearer of the rule of law in Pakistan, the superior judiciary in Pakistan is playing a vigilant role for the fair dispensation of justice, he said and added that it has proven itself as an ultimate protector of fundamental rights of the citizens of Pakistan.
The CJP went on to say that the Supreme Court of Pakistan requires the executive to accomplish their duties with the greatest capacity and honesty and faithfully in accordance with the constitution, law and rules of assembly, to uphold the ‘sovereignty, integrity, solidarity, well-being and prosperity of Pakistan’ and preserve it against any likely threat.
The Supreme Court of Pakistan ensures that other organs of the state remain vigilant in their roles and that all organs of state work together for national sovereignty and security, and integrity, fundamental rights and welfare of the citizens of Pakistan, he added.
“Pakistan’s apex court has also proven itself as the ultimate custodian of the fundamental rights of the citizens of Pakistan, especially by exercising its suo motu jurisdiction for matters involving public interest litigation (PIL),” he added.
In the end, CJP Nisar extended thanks to East China University and reiterated the commitment to work in collaboration with all neighbouring states to strengthen the rule of law in the region and to build a strong foundation for a modern and progressive Pakistan as envisaged by the constitution of Pakistan.