Chief Justice Asif Saeed Khosa has said the incidents of Fall of Dhaka and attack on Army Public School Peshawar have taught the nation profound lessons that the State should take care of its citizens' rights.
Justice Khosa, who is going to lay down his robe on December 20, was addressing the farewell lunch organized by the Police Reforms Committee of the Law and Justice Commission at the National Police Academy in Islamabad. He lamented the failure of successive governments to introduce much-needed police reforms and properly implementing the National Action Plan (NAP).
He said: "December 16 reminds us of two unfortunate incidents: the Fall of Dhaka and the attack on Army Public School in Peshawar. Both incidents have taught us profound lessons." "The tragedy of Dhaka's fall provides the lesson that the state should take care of its citizens' rights," he added.
The Chief Justice said the Freedom Movement of Pakistan had taken roots in West Bengal but later the territory separated itself from the rest of the country because the state failed to take care of the people. "The Fall of Dhaka reflected that the social contract between the state and its citizens was weak."
He explained how the debacle in former East Pakistan proved the importance of the state honoring its social contract with citizens. "A mechanism to maintain the social contract is provided in the constitution - the rule of law. That is why it is imperative for the state to ensure the fundamental rights guaranteed to its citizens."
"Unfortunately, a perception was created in Pakistan that the police infringe on the rights of citizens rather than protecting them."
Regarding the APS attack, Justice Khosa said it shocked the nation and forced Pakistan to "reconsider our approach to deal with terrorism". "We said enough is enough. The National Action Plan was formulated and the entire nation supported it. While the judiciary has taken a number of steps to implement NAP, nothing significant has been done by the government in this regard."
The Chief Justice stressed upon the role of police in the protection of citizens and establishing peace in society. The Chief Justice said that an impression unfortunately prevailed that police, instead of protecting, violate citizens' rights. "Police are not masters; their duty is to serve the masses," he added, expressing the hope that police reforms will continue.
Earlier, CJP-designate Justice Gulzar Ahmad promised to continue Justice Khosa's mission to improve Pakistan's judicial and police systems. "It is unfortunate to hear people say the institution of police has become redundant. I believe they should have the capacity to provide security."