Unprecedented move: LHC to evaluate its own judges’ performance

Reports to be shared with apex court judges also for evaluation

LAHORE: In an unprecedented move for the judiciary, the Lahore High Court has prepared evaluation reports of its own judges, who received the documents so they could go over their own performance.

In the past, lower court judges were issued warnings and reminders to improve their performance, but not those occupying benches in the superior courts.

The high court judges function under the administrative control of the chief justice. However, the CJs of high courts or the Supreme Court cannot question their performance. Only the Supreme Judicial Council will look into a reference if it comes against any judge under Article 209 of the Constitution.

LHC Chief Justice Syed Mansoor Ali Shah has taken an unprecedented step and the first reports of this kind were sent to all 59 judges of the LHC, sources close to the development told The Express Tribune. They added these reporters would be prepared on a quarterly basis and shared with judges of the Supreme Court to evaluate performance.

The evaluation reports are based on the judges’ decisions, including those sent for appeal before division benches of high courts and the SC. If decisions of the judges are upheld by division benches or the SC, it would go in his or her favour. If a decision is struck down, it will reflect negatively on the judge.

In light of these performance reports, the judges would be divided into three categories – A, B and C. The number of cases and the proportion of those decided will also be taken into consideration.

This evaluation reports would not be a charge sheet against the judges and instead motivate them to improve performance when compared to their peers, said an insider.

CJ Mansoor Ali Shah, in a statement issued on Thursday, said special benches had been formed and the duty roster of judges would be issued for three months from now on, unlike the previous duration of one week.

He said cases constitutional matters and serious appeals would be fixed before senior judges. He added rocket dockets for cases related to bail applications or orders to the police would be heard by junior judges.

The LHC is also conducting its audit with the cooperation of AF Ferguson & Co and is trying to set up its own audit department. When Justice Shah took oath as the chief justice, there were 153, 068 cases pending before the LHC, revealed the court’s registrar. That number reduced to 140,837 by December 28, 2016, he added.

Also, a case management system will be introduced for judges of the lower courts. The CJ said the work of these courts is being bifurcated, according to the nature of cases, by making special courts. For example, judges who deal with criminal cases would no longer be deciding on civil, banking and family cases. Alternative dispute resolution techniques will also be introduced.

This plan will be implemented from January 9, 2017 and evaluated on April 8, the end of the term.  Another mechanism is being introduced to ensure that’s judges of lower courts are given a chance to decide cases of all zones of the province.

Published in The Express Tribune, January 6^th, 2017.