That the cases filed before 2008 are still pending before the courts is embarrassing for the judiciary. That is why it was decided that the backlog be cleared by year’s end.
This was stated on Friday by the Lahore High Court Chief Justice Umar Ata Bandial who was addressing a seminar on Public Interest Litigation (PIL); Scope, Limitations and Reforms.
The event was organised by the Supreme Court Bar Association of Pakistan and was held at Aiwan-i-Iqbal.
However, Justice Bandial added, swift disposal did not mean that the cases be disposed of on technical grounds. They should be decided on merit and in line with the constitution, he urged. The chief justice said he realised that “justice rushed was justice crushed”, adding that he was monitoring the cases that were decided.
He appreciated the association members for assisting the judges in clearing the huge backlog of cases. Justice Bandial also asked the judges to fix hearing dates according to the convenience of lawyers.
The CJ said that the judiciary was a “living and dynamic” institution, which had the ability to correct itself. “Our judgments can be challenged at higher forums,” he said. Some institutions are pro-active and others less active and ineffective, he said.
He termed public interest litigation (PIL) as “a tool to help poor people” get a fair trial and qualified representation “as is their right”. PIL means accountability, he said, and should not be taken as an insult or embarrassment.
Justice Bandial defended the judiciary’s resorting public interest litigation, saying that it was required “because our institutions have been weakened”. He said there was hardly any need for public interest litigation in western countries because they had strong institutions.
“Our institutions were stronger at the time of independence,” he said, adding that the country had had great systems of education, railways and irrigation. “Our engineers used to develop our infrastructure but today our engineers have to rely on World Bank experts even to dig a canal,” he lamented.
Asma Jahangir, former Supreme Court Bar Association president, urged that the public interest litigation be invoked only for those less fortunate.
Justice Abdul Sattar Asghar, a Lahore High Court judge, requested the Supreme Court to add appropriate rules of procedure to enhance the utility of PIL. Punjab Advocate General Ashtar Ausaf said that PIL should be introduced at subordinate courts and a mechanism for judicial restraint evolved.
Published in The Express Tribune, December 22nd, 2012.
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