Govt given a month to draft district court complex proposal
CJ Minallah says govt has failed to fulfil its obligations of providing access to justice
PHOTO: IHC WEBSITE
ISLAMABAD:
With the state responsible for ensuring access to inexpensive and expeditious justice, a higher court on Monday gave the government a month to draw up proposals for establishing a purpose-built complex for the district courts of the federal capital and to submit them before the federal cabinet.
Further, the IGP and deputy commissioner of the city were told to take appropriate measures to ensure the security of the courts.
This was ordered by a single-bench of the Islamabad High Court (IHC), led by Chief Justice Athar Minallah, as he heard a case filed by Chaudhary Muhammad Akram over the situation in the district courts in Sector F-8 Kutchery.
The case came after some chambers of lawyers were demolished in the district courts and the lawyers launched a strike of court proceedings and threatened to block the entrance to the courts if their demands of rebuilding their chambers and of introducing a rotation policy for judges.were not met
In the order, the court noted that the district courts in the federal capital have been operating in privately-owned buildings in the commercial area of Sector F-8 for the past three decades.
The order went on to state that the appalling working environment and conditions in the district courts were beyond comprehension and that “it cannot be described in words”.
He added that the deplorable conditions at the district courts was affecting the fundamental rights of the people and speaks volumes for the apathy of successive governments since 1980 towards the most important tier of the judicial system.
“It definitely manifests that hitherto, the state through its functionaries appears to have given lowest priority to the inviolable fundamental right of access to justice,” the order noted, adding that under Article 37 of Constitution, the state was obligated to ensure the provision of inexpensive and expeditious justice. “Strengthening the rule of law and ensuring that every citizen has access to an effective and affordable justice system is not only one of the most important fundamental rights but inevitable is a constitutional obligation of the state as well. It is definitely the foundation for good governance.”
Noting that the state had failed in its obligations, CJ Minallah observed that it was a classic example of “denial of the fundamental right of access to justice to its actual stakeholders (litigants and victims of crime) and undermining of the rule of law.”
In the order, Chief Justice Minallah observed that it was ironic how the owners of the commercial buildings which the courts were operating had approached the very courts to evict them.
“Not only that the petitions were allowed, execution proceedings are pending in the courts for its own eviction,” CJ Minallah stated in the order, adding, “This travesty and perversion of rule of law could have been avoided in the capital of the federation, if the state through its functionaries had acknowledged the importance of district judiciary and the fundamental rights of access to justice and security of life”
Moreover, the court noted that the vigorous reforms process launched by the court cannot be implemented in view of the present state of affairs at the district courts.
CJ Minallah directed the federal government to take urgent measures for shifting the district courts to a “purpose-built complex” to fulfil its constitutional obligations.
Further, the court directed Islamabad Capital Territory (ICT) Chief Commissioner Aamir Ahmed Ali to consult with the registrar of the IHC for setting up the district courts in a purpose-built complex.
This proposal should be forwarded “to the federal government within two weeks”, the court directed.
It further directed the Federal Interior Secretary Aamir Ahmed as a focal person for the federal government to ensure that the proposals are processed and placed before the federal cabinet, “preferably within two-weeks from the date they are received.” Moreover, it directed the Islamabad Police Inspector General Aamir Zulfiqar Khan and the Islamabad Deputy Commissioner Hamza Shafqat to take appropriate measures to ensure the security of the district courts.
The court directed the officials to submit their reports at the next hearing of the case, and adjourned the case for a month, until March 12.
Curiously, the IHC building, where CJ Minallah gave the order, was built to house the district courts of the federal capital. A separate complex for the IHC is currently under construction which court sources say is expected to be completed later this year.
Published in The Express Tribune, February 5th, 2019.
With the state responsible for ensuring access to inexpensive and expeditious justice, a higher court on Monday gave the government a month to draw up proposals for establishing a purpose-built complex for the district courts of the federal capital and to submit them before the federal cabinet.
Further, the IGP and deputy commissioner of the city were told to take appropriate measures to ensure the security of the courts.
This was ordered by a single-bench of the Islamabad High Court (IHC), led by Chief Justice Athar Minallah, as he heard a case filed by Chaudhary Muhammad Akram over the situation in the district courts in Sector F-8 Kutchery.
The case came after some chambers of lawyers were demolished in the district courts and the lawyers launched a strike of court proceedings and threatened to block the entrance to the courts if their demands of rebuilding their chambers and of introducing a rotation policy for judges.were not met
In the order, the court noted that the district courts in the federal capital have been operating in privately-owned buildings in the commercial area of Sector F-8 for the past three decades.
The order went on to state that the appalling working environment and conditions in the district courts were beyond comprehension and that “it cannot be described in words”.
He added that the deplorable conditions at the district courts was affecting the fundamental rights of the people and speaks volumes for the apathy of successive governments since 1980 towards the most important tier of the judicial system.
“It definitely manifests that hitherto, the state through its functionaries appears to have given lowest priority to the inviolable fundamental right of access to justice,” the order noted, adding that under Article 37 of Constitution, the state was obligated to ensure the provision of inexpensive and expeditious justice. “Strengthening the rule of law and ensuring that every citizen has access to an effective and affordable justice system is not only one of the most important fundamental rights but inevitable is a constitutional obligation of the state as well. It is definitely the foundation for good governance.”
Noting that the state had failed in its obligations, CJ Minallah observed that it was a classic example of “denial of the fundamental right of access to justice to its actual stakeholders (litigants and victims of crime) and undermining of the rule of law.”
In the order, Chief Justice Minallah observed that it was ironic how the owners of the commercial buildings which the courts were operating had approached the very courts to evict them.
“Not only that the petitions were allowed, execution proceedings are pending in the courts for its own eviction,” CJ Minallah stated in the order, adding, “This travesty and perversion of rule of law could have been avoided in the capital of the federation, if the state through its functionaries had acknowledged the importance of district judiciary and the fundamental rights of access to justice and security of life”
Moreover, the court noted that the vigorous reforms process launched by the court cannot be implemented in view of the present state of affairs at the district courts.
CJ Minallah directed the federal government to take urgent measures for shifting the district courts to a “purpose-built complex” to fulfil its constitutional obligations.
Further, the court directed Islamabad Capital Territory (ICT) Chief Commissioner Aamir Ahmed Ali to consult with the registrar of the IHC for setting up the district courts in a purpose-built complex.
This proposal should be forwarded “to the federal government within two weeks”, the court directed.
It further directed the Federal Interior Secretary Aamir Ahmed as a focal person for the federal government to ensure that the proposals are processed and placed before the federal cabinet, “preferably within two-weeks from the date they are received.” Moreover, it directed the Islamabad Police Inspector General Aamir Zulfiqar Khan and the Islamabad Deputy Commissioner Hamza Shafqat to take appropriate measures to ensure the security of the district courts.
The court directed the officials to submit their reports at the next hearing of the case, and adjourned the case for a month, until March 12.
Curiously, the IHC building, where CJ Minallah gave the order, was built to house the district courts of the federal capital. A separate complex for the IHC is currently under construction which court sources say is expected to be completed later this year.
Published in The Express Tribune, February 5th, 2019.