CJP takes suo motu action on inactive courts

Action taken on a note sent by the registrar of the Supreme Court of Pakistan


Hasnaat Malik March 31, 2017
PHOTO: EXPRESS

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar took suo motu action on Thursday over various non-functional tribunals and administrative courts.

The action was taken on a note sent by the registrar of the Supreme Court, listing 20 federal tribunals and special courts and 19 provincial tribunals and special courts. This list was based on data gathered by the high courts.

Stressing the need for easy public access to justice, the registrar stated that administration of justice was the responsibility of regular and special courts as well as tribunals created under relevant statutes in line with Articles 175 and 212 of the Constitution.

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The registrar’s note stated that special courts and tribunals set up under Article 212 of the Constitution included the Federal Services Tribunal, Provincial Service Tribunals, banking courts and special courts. Terming these forums an important component of the justice delivery system, he stated that played an effective role in the overall governance system.

It further stated that tribunals or courts were essential for providing rights to aggrieved persons. However, people were unable to redress their grievances if the functioning of such courts and tribunals was hampered by the failure of state machinery to fill vacancies necessary to run them in an effective manner.

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“Prima facie, it is tantamount to denying the right of access to justice to people as embedded in the legal maxim ‘where there is right, there is remedy’.

After going through the registrar’s note, the chief justice passed an order, stating: “Let the matter be fixed before the court as suo motu action in terms of Article 184 (3) of the Constitution on April 4 … with notices to attorney-general, advocates-general of all four provinces and Islamabad (to appear on the) said date.”

COMMENTS (1)

Ahmad Ali | 7 years ago | Reply Appreciable step by CJ SCP. To quote an example from my province, Environmental Protection Tribunal is dysfunctional in KPK since 2014 due to non appointment of Chairman & its members by provincial government in consultation with CJ Peshawar High Court.
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