Judges to be judged for their ‘alleged inefficiency’

Move comes as Pakistan came in second last in rule of law in South Asia

ISLAMABAD:

As the superior judiciary is ignoring the seniority principle for the appointment of Supreme Court judges, debate has started for initiating proceedings against judges for alleged inefficiency.

The World Justice Project’s Rule of Law Index 2021 report showed that Pakistan is among the lowest ranked countries in its adherence to the rule of law, ranking 130th out of 139 nations. Scores range from 0 to one, with one indicating the strongest adherence to the rule of law. Pakistan managed a poor 0.39 score.

Even in South Asia, Pakistan's position is second last. Nepal, Sri Lanka, India and Bangladesh all have performed better than Pakistan in the rule of law category whereas only Afghanistan is rated below Pakistan in the region.

In view of the situation, pressure is mounting on the judiciary to take steps to improve its performance.

The high courts administratively monitor the subordinate courts under Article 203 of the Constitution.

On the other hand, there is internal mechanism within the high courts to monitor the performance of their respective judges.

However, the Supreme Judicial Council (SJC) may proceed against superior courts judges on the charge of “inefficiency”.

Even during the tenure of former chief justice of Pakistan Asif Saeed Khosa, the SJC had issued a show-cause notice to a senior Lahore High Court judge over delay in deciding cases which is violative of Article X of superior courts Judges Code of Conduct.

According to the article, a judge should take all steps to decide cases within the shortest time and make every effort to minimise the sufferings of litigants by deciding cases expeditiously through proper, written judgements.

“A judge who is unmindful or indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault,” it read.

The LHC judge, who later became a chief justice of the high court, appeared before the SJC and gave an explanation over the show-cause notice. Later, the council discharged the notice against him.

Currently, more than 120 superior courts judges are working. A senior lawyer believes that superior judiciary must evolve a mechanism to monitor the performance of permanent judges.

He is of the view that a report should be compiled on working of every superior court judge.

However, a senior official questioned what would be the criteria to judge the performance of superior courts’ judges.

He said that judgements are being issued after a passage of a year in the apex court. Will the SJC issue a notice to an SC judge under Article X of Judges Code of Conduct, he questioned.

The official said that there are many high court judges who are efficient and hardworking but questions arise on the efficiency of some judges.

Unfortunately top bars are unable to conduct studies for reviewing the performance of superior court judges.

Even in 2019, the then Pakistan Bar Council vice chairman Amjad Shah had formed committees in all four provinces and Islamabad to identify “inefficient and corrupt judges” and to “prepare” references against them. However, nothing was done in this regard.

Incumbent CJP Umar Ata Bandial in his first speech on February 1 said that all courts, including the Supreme Court, should undergo performance audits so that weaknesses could be identified and remedied.