In the pursuit of justice

Justice Khawaja’s suggestion should be given consideration in order to find a way around this problem


Editorial September 10, 2015
Justice Jawwad S Khawaja. PHOTO: PID

At a full court reference held to mark the end of his brief tenure as the chief justice of Pakistan, Justice Jawwad S Khawaja delivered a message which we should perhaps be taking heed of. In the first place, he pointed out that justice at the level of the lower courts was delayed for far too long and it regularly took as many as 25 years for a case to move up to the superior courts. At the ceremony, Justice Khawaja, who served a brief 24-day tenure as chief justice of the country, also stated that there was once a time that strikes by lawyers were unheard of, but have now become the norm.



Perhaps, the most important issue raised by the outgoing chief justice was that of the method of investigation and inquiry into cases. He suggested that this process took too long and proposed a change in the system under which an inquisitorial method could be adopted allowing courts to themselves play a part in the investigation of cases. Given the problem we currently face within our justice system, this is a suggestion that perhaps needs to be discussed in more detail and possibly considered for adoption at some level. Certainly, there is a desperate need to speed up the delivery of justice to people but without compromising the right to a fair and transparent trial for all accused of crime. Traditionally, ‘the speedy justice’ courts set up under various names through the decades have ignored this critical need. Without openness and transparency, justice cannot be achieved. Justice Khawaja’s suggestion should be given consideration in order to find a way around this problem. The outgoing chief justice, who was joined at the ceremony by the incoming CJP, Justice Anwer Zaheer Jamali, also stated that all institutions of the state, including the judiciary, should admit to not having succeeded in their goal of providing justice to all strata of society. He talked about the importance of self-accountability when assessing the country’s judicial system. Indeed, all organs of the state need to realise that at the end of the day it is the provision of justice in a speedy and transparent manner that forms the bedrock of any progressive democratic polity. Without this crucial element, all our assertions of having successfully transitioned into being a democracy, will remain hollow.

Published in The Express Tribune, September 11th,  2015.

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