Judges call for banning terrorist outfits forthwith
Enforced disappearances and extrajudicial killings should be declared crimes
Members of the Tehreek-e-Labaik Pakistan shout slogans in Islamabad. PHOTO: REUTERS
ISLAMABAD:
A conference of top judges on Saturday called for proscribing all terrorist organisations without delay and declared enforced disappearances and extrajudicial killings as crimes.
This was contained in a declaration issued at the end of the 8th Judicial Conference 2018 held at the Supreme Court of Pakistan building in the federal capital.
The two-day conference was inaugurated by Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Friday.
National and international researches, members of academia, judges, lawyers and professional experts deliberated upon the thematic groups of the conference which were chaired by the apex court judges. More than 500 judicial law officers were invited to attend the conference.
At the conference, it was proposed that terrorist organisations “must be proscribed without delay and they must not be permitted to hold meetings or propagate their views, must not be allowed to contest elections and those claiming to be members of the proscribed organisations be prosecuted in accordance with the Anti-Terrorism Act”.
The declaration also recommended that “enforced disappearances and what are specialised as extrajudicial killings are crimes and those responsible for the commission of such acts must be prosecuted as criminals”.
The recommendations of the thematic groups were presented by the chairperson of each thematic group in the concluding session and the same were approved by the house as the Islamabad Declaration 2018.
The CJP, while giving concluding remarks, lamented that “Law and Justice Commission of Pakistan’s recommendations are not being implemented”, adding that enforcement and execution of any declaration was the biggest issue.
“Even the recommendations, which were given in previous conferences, are not implemented,” he said and urged Attorney General for Pakistan Ashtar Ausaf Ali to look into the matter.
He also formed a committee led by Supreme Court’s senior most judge Justice Asif Saeed Khosa to implement the recommendations of the 8th Judicial Conference within four months.
During the session, Justice Khosa said, “There is a need to consider about the ‘bar of finality’, about the adjudication on facts,” and added “Only law points should be brought before the apex court.”
He said the judges scared of allegations or reputation should leave the profession.
Justice Sheikh Azmat Saeed, calling for effectiveness of Alternate Dispute Resolution, expressed his disappointment that “40 per cent people do not have access to justice in the country”.
One group led by SC judge Justice Qazi Faez Isa discussed the ‘relationship of political and economic stability with revamping of the criminal justice system’. The group proposed that political instability undermines economic stability and should therefore be avoided.
About combating extremism, the declaration stated, “To counter extremist ideology, a counter-terrorism narrative must be developed and disseminated. Those being tried for terrorist acts or convicted of them must be weaned away from the extremist ideology espoused by them.”
It was also proposed that if the media broadcasts and propagates the views of terrorist, then those doing so must be prosecuted in accordance with the law.
The declaration stated that standard operating procedures should be developed with the help of experts as to how law enforcement agencies should act and react after a terrorist attack.
The group on Regional, Economic Integration and Effective Dispute Resolution Mechanism in the Context of China-Pakistan Economic Corridor (CPEC) was led by Justice Gulzar Ahmad.
The delegation proposed introduction of the Multimodal Transport Law and Infrastructure in the region to increase the significance of Pakistan’s position as a transit state in the trade between Central Asian Republics.
It also recommended amendment to Article 8 of the Agreement between Pakistan and China for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Tax on Income, to make the distribution of tax revenues between both countries more equitable and to explicitly allocate the fiscal rights of both signatories to the agreement.
The group on Alternative Dispute Resolution Methodologies and Deterring Factors was led by Justice Azmat Saeed. The delegates proposed that ADR is admittedly a more effective and efficacious mode of dispute resolution as compared to regular litigation.
Commercial disputes
It was suggested that time-honoured international models can be easily adopted and adapted, but with emphasis on mediation rather than arbitration which may then be translated into court decrees through appropriate proceedings and legislation, if necessary. In this regard, special emphasis needs to be placed on international co-operation and human resource development in Pakistan, it was recommended.
Disposing backlog of cases
The penal led by Justice Khosa discussed strategy for reduction in delay and expeditious disposal of backlog of cases. It recommended that instead of having a four-tier system, a three-tier system should be introduced, having trial, appeal and constitutional stages, where purely legal issues would be adjudicated. Questions of facts will be finalised at the 2nd tier.
Curbing adjournments
It was proposed that unnecessary adjournments and adjournments on frivolous grounds sought by counsels should be discouraged. Adjournments should only be allowed in exceptional circumstances.
Case-flow management system
TLP calls off agitation as government ‘surrenders’
It was recommended that a case management system be introduced in order to keep track of cases that as a consequence will help in reducing backlog by speedy disposition of cases.
Use of IT, forensic sciences
The conference suggested that it is imperative that the use of information technology is implemented in different aspects of justice system, in areas such as registration of electronic FIR, electronic record of case documents, case scheduling and judgments.
Training of lawyers, judges
The conference participants stressed the need for providing training to lawyers and judges. In order to achieve this, training programmes for lawyers and judges should be commenced, and the role of judicial academies needs to be strengthened.
Number of judges, courts
It was also recommended that the number of courts and judicial staff should be increased in order for speedy disposition of cases.
Bar-bench cooperation
It was emphasised that both the Bar and the Bench must work together in order to curb delays.
Uniform selection criteria
The conference recommended that there is a need for greater scrutiny and governance by law schools based on international standards. The criteria for admission of students and recruitment of teachers should be stringent and meritorious and should be clearly defined.
It was also proposed that there is need for a centralised entrance examination that is uniform for all provinces. Should it be equivalent to the CSS examination?
The delegation also held discussion over a uniform selection criteria and proposed that the profession of a judicial officer is an ever-evolving one in terms of learning.
Analytical grading system
The conference participants also agree that alongside standard eligibility requirements, it is also very important to have a uniform interpretation of qualities whilst selecting judicial officers as is done in other jurisdictions in the world. These include: appropriate knowledge of the relevant law and its underlying principles, integrity and independence of mind, impartiality, decisiveness, motivation, sound judgment and temperament, ability to quickly absorb and analyse information and work under pressure, ability to communicate orally and in writing in clear standard English, ability to ensure fair court proceedings, ability to work constructively with colleagues and treat everyone with respect and sensitivity as well as the willingness to learn and develop professionally.
A conference of top judges on Saturday called for proscribing all terrorist organisations without delay and declared enforced disappearances and extrajudicial killings as crimes.
This was contained in a declaration issued at the end of the 8th Judicial Conference 2018 held at the Supreme Court of Pakistan building in the federal capital.
The two-day conference was inaugurated by Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Friday.
National and international researches, members of academia, judges, lawyers and professional experts deliberated upon the thematic groups of the conference which were chaired by the apex court judges. More than 500 judicial law officers were invited to attend the conference.
At the conference, it was proposed that terrorist organisations “must be proscribed without delay and they must not be permitted to hold meetings or propagate their views, must not be allowed to contest elections and those claiming to be members of the proscribed organisations be prosecuted in accordance with the Anti-Terrorism Act”.
The declaration also recommended that “enforced disappearances and what are specialised as extrajudicial killings are crimes and those responsible for the commission of such acts must be prosecuted as criminals”.
The recommendations of the thematic groups were presented by the chairperson of each thematic group in the concluding session and the same were approved by the house as the Islamabad Declaration 2018.
The CJP, while giving concluding remarks, lamented that “Law and Justice Commission of Pakistan’s recommendations are not being implemented”, adding that enforcement and execution of any declaration was the biggest issue.
“Even the recommendations, which were given in previous conferences, are not implemented,” he said and urged Attorney General for Pakistan Ashtar Ausaf Ali to look into the matter.
He also formed a committee led by Supreme Court’s senior most judge Justice Asif Saeed Khosa to implement the recommendations of the 8th Judicial Conference within four months.
During the session, Justice Khosa said, “There is a need to consider about the ‘bar of finality’, about the adjudication on facts,” and added “Only law points should be brought before the apex court.”
He said the judges scared of allegations or reputation should leave the profession.
Justice Sheikh Azmat Saeed, calling for effectiveness of Alternate Dispute Resolution, expressed his disappointment that “40 per cent people do not have access to justice in the country”.
Faizabad sit-in: ATC shelves cases against Rizvi, others
One group led by SC judge Justice Qazi Faez Isa discussed the ‘relationship of political and economic stability with revamping of the criminal justice system’. The group proposed that political instability undermines economic stability and should therefore be avoided.
About combating extremism, the declaration stated, “To counter extremist ideology, a counter-terrorism narrative must be developed and disseminated. Those being tried for terrorist acts or convicted of them must be weaned away from the extremist ideology espoused by them.”
It was also proposed that if the media broadcasts and propagates the views of terrorist, then those doing so must be prosecuted in accordance with the law.
The declaration stated that standard operating procedures should be developed with the help of experts as to how law enforcement agencies should act and react after a terrorist attack.
The group on Regional, Economic Integration and Effective Dispute Resolution Mechanism in the Context of China-Pakistan Economic Corridor (CPEC) was led by Justice Gulzar Ahmad.
The delegation proposed introduction of the Multimodal Transport Law and Infrastructure in the region to increase the significance of Pakistan’s position as a transit state in the trade between Central Asian Republics.
It also recommended amendment to Article 8 of the Agreement between Pakistan and China for the Avoidance of Double Taxation and Prevention of Fiscal Evasion with Respect to Tax on Income, to make the distribution of tax revenues between both countries more equitable and to explicitly allocate the fiscal rights of both signatories to the agreement.
The group on Alternative Dispute Resolution Methodologies and Deterring Factors was led by Justice Azmat Saeed. The delegates proposed that ADR is admittedly a more effective and efficacious mode of dispute resolution as compared to regular litigation.
Commercial disputes
It was suggested that time-honoured international models can be easily adopted and adapted, but with emphasis on mediation rather than arbitration which may then be translated into court decrees through appropriate proceedings and legislation, if necessary. In this regard, special emphasis needs to be placed on international co-operation and human resource development in Pakistan, it was recommended.
Disposing backlog of cases
The penal led by Justice Khosa discussed strategy for reduction in delay and expeditious disposal of backlog of cases. It recommended that instead of having a four-tier system, a three-tier system should be introduced, having trial, appeal and constitutional stages, where purely legal issues would be adjudicated. Questions of facts will be finalised at the 2nd tier.
Curbing adjournments
It was proposed that unnecessary adjournments and adjournments on frivolous grounds sought by counsels should be discouraged. Adjournments should only be allowed in exceptional circumstances.
Case-flow management system
TLP calls off agitation as government ‘surrenders’
It was recommended that a case management system be introduced in order to keep track of cases that as a consequence will help in reducing backlog by speedy disposition of cases.
Use of IT, forensic sciences
The conference suggested that it is imperative that the use of information technology is implemented in different aspects of justice system, in areas such as registration of electronic FIR, electronic record of case documents, case scheduling and judgments.
Training of lawyers, judges
The conference participants stressed the need for providing training to lawyers and judges. In order to achieve this, training programmes for lawyers and judges should be commenced, and the role of judicial academies needs to be strengthened.
Number of judges, courts
It was also recommended that the number of courts and judicial staff should be increased in order for speedy disposition of cases.
Bar-bench cooperation
It was emphasised that both the Bar and the Bench must work together in order to curb delays.
Uniform selection criteria
The conference recommended that there is a need for greater scrutiny and governance by law schools based on international standards. The criteria for admission of students and recruitment of teachers should be stringent and meritorious and should be clearly defined.
It was also proposed that there is need for a centralised entrance examination that is uniform for all provinces. Should it be equivalent to the CSS examination?
The delegation also held discussion over a uniform selection criteria and proposed that the profession of a judicial officer is an ever-evolving one in terms of learning.
Analytical grading system
The conference participants also agree that alongside standard eligibility requirements, it is also very important to have a uniform interpretation of qualities whilst selecting judicial officers as is done in other jurisdictions in the world. These include: appropriate knowledge of the relevant law and its underlying principles, integrity and independence of mind, impartiality, decisiveness, motivation, sound judgment and temperament, ability to quickly absorb and analyse information and work under pressure, ability to communicate orally and in writing in clear standard English, ability to ensure fair court proceedings, ability to work constructively with colleagues and treat everyone with respect and sensitivity as well as the willingness to learn and develop professionally.