The lawyers and jurists of both Pakistan and India can play role not only in creating an environment for peaceful interaction between the two neighbours, but also ensuring that such interaction is translated into real time trust and harmony between the two countries.
This was stated by Chief Justice Iftikhar Muhammad Chauhdry at a meeting with the Indian lawyers delegation that met with him under the leadership of Adish Aggarwala President International Council of Jurists and the All India Bar Association at the Supreme Court building here on Monday. He said, "I believe that the present visit and interaction between the jurists of India and Pakistan will go a long way in understating each other better and demystifying a lingering sense of mistrust and apathy towards each other".
The institutions of judiciary both in Pakistan and India have a common cultural, social and colonial background. "We draw our inspiration from the same source of jurisprudence and follow the same pluralistic and all encompassing representative democracy based on the twin principles of rule of law and supremacy of the constitution. Given the peculiar evolution of democratic institutions in our two countries, we can learn from each others' jurisprudence.
The Supreme Court of India has rendered unprecedented benchmark judgements in the field of Public Interest litigation. Similarly, Supreme Court of Pakistan since the time of Chief Justice Muhammad Afzal Zullah has also endeavoured to ensure implementation of fundamental rights to the citizens as enshrined in the Constitution by taking suo motu notices in wider public interest.
Pakistan and India are among those two nations whose very existence was made possible primarily because of the visionary leadership of their founding fathers who were also distinguished jurists of their times. Who can deny the aplomb of Jinnah, a Barrister fresh from Lincoln's Inn appearing in various courts in India and also pioneering the cause of Muslim community on various fora. Similarly, it was the exceptional legal acumen of Nehru both as a lawyer and a statesman who successfully negotiated decolonization of India.
Even today, the role of lawyers and jurists cannot be under estimated in terms of providing a strong leadership in both the countries. Unfortunately, both India and Pakistan have not been able to maintain normal neighbourly relations since their inception. Many issues have dogged this relationship. However, there is no issue in the world which cannot be resolved through peaceful negotiation.-PR