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"Let there arise out of you a band of people inviting to all that is good enjoining what is right and forbidding what is wrong; they are the ones to attain felicity".
(surah Al-Imran,ayat-104)
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User Name: Amjad_Malik
Full Name: Amjad Malik
User since: 15/Jun/2007
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Human rights legislation a prized gift not a favour
Barrister Amjad Malik 
 
Human rights legislation is fast becoming a test of patience for British Govt. British Home Secretary Rt. Hon. Theresa May slammed British judges who are risking British security by stopping wholesale deportations using human rights provision enshrined in European convention on human rights 1950 in particular Article 8 (right to family life).
 
Due to this kind of criticism role of robust British judiciary is a 'must' to
Safeguard the interest of ethnic or religious minorities. Had there not been British top law lords executive would have sent back home
By now many foreigners or aliens to them on the premises of fear, terror and suspicion, or many will be in indefinite detention. Human right Act is a gifted right of a civil society not a favour and is appreciated in modern civilised and western societies in the community of nations.
 
The day we reverse from our commitments to these conventions, there will be no difference between them (outlawed) & us and might is right will rule. In the absence of anxious judicial scrutiny  rendition, torture, without trial detention and pre trial arrests coupled with stop and search will become name of the game.
 
Judges are doing a great job by evaluating and carrying out judicial oversight of the executive decisions based on individuals rights on facts , and law  and balance is cracked between the interest of an individual and the interest of state. If that balance is not checked the ratio of cases will increase two fold. Parliament must enshrine laws rooting out abuse of human rights legislation but withdrawal from it will ignite an unstoppable fire, dissent and opposition.
 
Had the 11 law lord’s post 9/11 not stopped Home Secretary to detain foreign nationals, many would have been rotting in jails till now on the false premises without trial. That's not the Britain people take pride of, we like the Britain where rights and responsibilities are shared as an obligation than a compulsory military service.
 
 
An executive playing to the populist agenda is all the more reason to ensure that the judiciary is not emasculated. It was Lord Hoffman who said that the real threat to the nation comes from laws such as these. The government's attempt to force the judges to ignore human rights laws will ill serve the UK in the comity of nations. Question is, should we scrap human rights (right to private life) on the premises of fear or punish the criminal by strengthening criminal justice system which include putting intercepted evidence before trial judge to ensure complete justice. To me Human Rights legislation & covenant is what differentiate us from them.
 
Barrister Amjad Malik is a Chair of Association of Pakistani lawyers who wrote this in response to home secretary's rebuff to top British judiciary in February 2013
http://www.bbc.co.uk/urdu/world/2013/02/130217_britain_ deportation_law_mb.shtml

 

http://news.sky.com/story/1053402/are-immigration-judges-following-the-law

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