Ethical justice: Judges, lawyers deliberate on flaws in legal system

They said public faith in the judiciary was essential for democracy

LAHORE:

“There will be no one to give a bribe to if there are no judges willing to accept it,” former Supreme Court Bar Association president Asma Jahangir said on Saturday.

She was addressing an SCBA conference titled Our Values and Conduct: a Dialogue Between the Gavel and the Robe. Justice Saqib Nisar, Justice Asif Saeed Khan Khosa, Lahore High Court Chief Justice Ijazul Ahsan and Balochistan High Court Chief Justice Mir Muhammad Noor Meskanzai were also present.

Speaking on the occasion, SCBA president Syed Ali Zafar said public faith in the judiciary was essential for democracy. He said independence of the judiciary as an essential part of statehood. Zafar said the bar and the courts had to work together to ensure protection of fundamental rights.

“The government must declare an emergency on education which is guaranteed under Article 25-A of the Constitution,” he said. He said a comprehensive system for case management and reliance on alternative dispute resolution were necessary to address this issue to ensure quick disposal of cases.

Justice Mansoor Ali Shah said lack of accountability and transparency in promotion of judges, poor legal education and training of lawyers and judges, poor use of technology and strikes by lawyers greatly hampered functioning of the legal system.

Jahangir said bar councils should be more national than provincial and for a two year term.

“Everyone has the right to legal counsel, no matter what their offence,” she added.

She said courts should guarantee protection of fundamental rights. “Prohibiting teachers from protesting is infringing on their fundamental rights,” she said.

“Judges should not infringe on people’s right to information. When courts pass judgments that prohibit access to information, it is a breach of the constitution,” she said.

LHC Chief Justice Ejazul Ahsan said society expected judges to be men with great moral values. “Judges should set high standards of conduct. It is important to keep public opinion in mind but it should not deter judges from acting according to the law.”

Justice Saqib Nisar said efforts were afoot to develop a balanced judicial system to restore confidence of the public in the system.

He said, “We will have to introduce a strong system of judicial accountability and self-accountability.”

He stressed the need for framing strict laws for appointment, promotion and transfer of judges.

Published in The Express Tribune, January 17^th, 2016.