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ISLAMABAD, May 28 (APP):Chief Justice Mian Saqib Nisar on Monday said 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 press release.
Chief Justice said, if foreign investors in Pakistan, can be assured that any disputes arising out
of 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 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 superior judiciary in Pakistan, he said that NJPMC (National
Judicial Policy Making Committee) has issued directions to civil courts not to issue
ex-parte stay orders in respect of CPEC related projects.
The CJ said 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 be designated for hearing
CPEC related disputes.
He said, “We believe that the judiciaries of the region, especially with regard to
CPEC Pak-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, 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.
He said “The judiciary in Pakistan is truly independent and we mete out judgments
without fear or favour.”
Being torch bearer of the rule of law in Pakistan, the superior judiciary in Pakistan is
playing a vigilant role for fair dispensation of justice, he said and added it has proven itself
as an ultimate protector of fundamental rights of the citizens of Pakistan.
He said 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.
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).
At the end, he extended thanks to East China University and reiterated the commitment
to work in collaboration with all neighboring 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
Constitution of Islamic Republic of Pakistan.