Islamabad High Court seeks details of vacant posts of judges

CJ says all litigants suffer if a court remains non-functional

ISLAMABAD:

Islamabad High Court (IHC) Chief Justice Athar Minallah on Saturday expressed his annoyance at vacant positions of judges in non-functioning tribunals and special courts and sought details of such vacancies from the Ministry for Law and Justice within a week.

During hearing of a case about the non-appointment of judges to tribunals and special courts, the chief justice said that the law ministry should make arrangements for new appointment even before the post became vacant.

They were the litigants, who suffer the most when a court remains non-functional, the chief justice stressed. The law ministry should ensure that no tribunal or special court remained non-functional, he added.

A representative of the law ministry informed the court that additional charge of the chairman of the Customs Tribunal, Islamabad, has been given. The chief Justice asked under what law the additional charge had been given. Further hearing of the case was adjourned till next week.

In 2017, the then chief justice of Pakistan Mian Saqib Nisar had also taken suo motu notice over non-functioning of tribunals or special courts since those were without chairmen.

The suo motu notice was premised on the ground that access to justice was the right of every citizen of Pakistan and administration of justice was the responsibility of the courts of law for which different special courts and tribunals have been created under the relevant statutes in accordance with Article 175 and 212 of the constitution.

These forums are an important component of the justice delivery system, which play an effective role in the overall governance system of the country, the note said, adding that the tribunals or courts established under different statutes were essential to provide the right to aggrieved persons.

However, the people are unable to get their rights to redress their grievances if the functioning of such courts and tribunals is hampered by the failure of the state machinery to fill the vacancies necessary to run them effectively, the office note explained.

“Prima facie, it tantamount to denial of the right of access to justice to the people as embedded in the legal maxim: where there is a right, there is a remedy.”