CPEC investment: CJP for uniformity in laws, processes and mechanisms

Chief Justice Mian Saqib Nisar has said that superior judiciary in Pakistan is very conscious of its role to make the country more attractive destination for foreign direct investment (FDI). Therefore, he said the National Judicial Policy Making Committee (NJPMC) of Pakistan has issued directions to civil courts not to issue ex parte stay orders in respect of China-Pakistan Economic Corridor (CPEC) related projects.
The CJP expressed these views while speaking to the faculty members and students at East China University Shanghai on Monday. This initiative, he said, will improve the confidence level of foreign investors in Pakistan's judicial system and will give a sense of protection, comfort and peace of mind whilst investing in Pakistan.
Moreover, the CJP said 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 be designated for hearing CPEC related disputes.
This, he said, requires further negotiation at state to state level and if necessary on the judicial level too. "We believe that the judiciaries of the region, especially with regard to CPEC, Pakistan and China, need to work closely for developing mechanisms such as smart courts and information centers, so that both the countries can progress hand in hand.
He said that the sharing of legal ideas and the use of information technology by Pakistan and China will be materially helpful for the judicial systems of both the countries.
The CJP said that his visit to China is an attempt to further strengthen the cordial relations between Pakistani and Chinese citizens and their government by sharing experiences and capabilities in different walks of life especially in the justice sector.
"During my visit to the People's Republic of China, I have tried to evaluate the potential venues of judicial cooperation between our two countries with the very specific purpose of dealing with any likely legal challenges arising out of the Pak-China economic and commercial ties," the Chief Justice said.
The Chief Justice said that he believes that the most important element for putting foreign investors at ease in Pakistan is to ensure a strict adherence to the 'rule of law'. He said if foreign investors in Pakistan, not only from China but elsewhere in the world, can be assured that any disputes arising out of trade and commercial contracts will be dealt within a quick and just manner, without endless procedural hurdles and frustrating delays then it will make Pakistan a more attractive destination for FDI.
Giving an overview of the Constitution of Pakistan, the CJP said the Constitution enjoins upon the state functionaries a duty to work within limits prescribed in the Constitution. He said 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.
He said that it is settled law in Pakistan that the discretion and powers vested with the state functionaries are not unfettered and are to be exercised judicially and not arbitrarily or whimsically and should be based on sound principles of justice, equity, fairness and in accordance with the spirit of the provisions in which such powers are given.
"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," the Chief Justice stated.
He said that the judiciary in Pakistan is truly independent and metes out judgments without fear or favor. Commenting on the international perspective, of a vigilant role of the judiciary, he said, "Where there are violations of the Constitution and statutes, arbitrary and capricious acts or omissions, malfunctioning, corruption, nepotism, failure to perform, etc, the judiciary is obliged to play its part for the sake of the polity."
Talking on judiciary of Pakistan, he explained that "being torchbearer of the rule of law in Pakistan, the superior judiciary in Pakistan is playing a vigilant role for fair dispensation of justice." He said that it has proven itself as an ultimate protector of fundamental rights of citizens of Pakistan.
He said that the Supreme Court of Pakistan requires the executive to accomplish its 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.
He said that 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 said that the Supreme Court of Pakistan has 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 said that the Supreme Court of Pakistan has presently taken suo motu notice of matters involving legal and medical education and various environmental issues such as depletion of scarce water resources by the cement industry, and conditions pertaining in government hospitals.
Extending thanks to East China University, the CJP 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.