Judges ‘cannot be exonerated’ for delayed justice

CJP chairs Law and Justice Commission of Pakistan meeting


Hasnaat Mailk January 26, 2018
Chief Justice of Pakistan Mian Saqib Nisar. PHOTO: EXPRESS

ISLAMABAD: Chief Justice of Pakistan Mian Saqib Nisar has observed that despite having valid reasons, judges ‘cannot be exonerated’ for their failure in dispensing expeditious justice.

The observation came during the Law and Justice Commission of Pakistan (LJCP) meeting held in the Conference Room of the Supreme Court, with the Chief Justice of Pakistan/Chairman LJCP Mian Saqib Nisar in the chair.

The meeting was attended by Attorney General for Pakistan Ashtar Ausaf Ali, Federal Shariat Court Chief Justice Sheikh Najam ul Hassan, BHC Chief Justice Muhammad Noor Meskanzai, LHC Chief Justice Syed Mansoor Ali Shah, SHC Chief Justice Ahmed Ali M Sheikh, PHC Chief Justice Yahya Afridi.

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In addition, the meeting was also attended by National Commission on Status of Women Chairperson Khawar Mumtaz, NIRC Chairman Justice (retd) Mian Shakirullah Jan, Justice (retd) Jamshed Ali Shah, Justice (retd) Arif Hussain Khilji and senior advocate Riaz Ahmed.

The chief justice in his introductory remarks stated that “our judicial system needs fundamental reforms in laws to cope with the increasing litigation and to dispel the public perception about delay in justice”.

He stated that despite working hard and beyond office hours, the size of litigation is not decreasing.

According to him, one of the reasons for increasing litigation is non-availability of sufficient judges at all levels and the absence of stringent provisions to discourage frivolous litigation.

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The chief justice emphasised the importance of alternate dispute resolution (ADR) in the resolution of disputes without burdening the already overburdened formal justice system.

He appreciated the efforts of the Lahore High Court for establishing ADR centers to assist litigants in out-of-court dispute resolution. He also lauded the role of the bar to support the initiative.

The chief justice also informed that soon judges would be imparted training on using latest technology for better and speedy result, adding the competent judges are the need of the hour.

During the meeting, the commission reviewed the implementation status of its law reform reports. The meeting was informed that out of 138 reports, 74 are yet to be implemented by the government.

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The representative of the Ministry of Law informed the meeting that out of 74, working on sixty (60) reports is in progress.

The commission also considered the proposal of uniform recruitment rules for the appointment of judicial officers across the country.

After deliberations, the chief justice asked high courts to consider the proposal for framing uniform recruitment rules.

Riaz Ahmed, Senior Advocate Supreme Court of Pakistan/Member LJCP, suggested amendment to the Oath Act. After deliberations, the chairman directed the LJCP secretary to prepare a proposal for placing before the commission in its next meeting.

The meeting discussed at length various proposals for delay in the reduction and expeditious dispensation of justice as dictated in the Constitution of Islamic Republic of Pakistan.

The meeting also considered the proposals received from the stakeholders for delay in the reduction/clearance of backlog and simplification procedure and laws to ensure speedy justice.

After deliberations, the chairman requested the members for their feedback on shared proposals for consideration in the next meeting of the commission.

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