New judicial year: CJ tells retired judges to follow post-retirement rules

Asma criticises public interest litigation cases taken up by the SC.

ISLAMABAD:


Since the judges of the superior judiciary receive reasonable pension and other benefits after retirement, they should not seek reemployment, Chief Justice Iftikhar Muhammad Chaudhry said on Monday.

He was addressing a gathering at the Supreme Court (SC) on the occasion of the new judicial year. Article 207 of the Constitution bars retired judges of the superior judiciary from gainful employment for two years, the CJ added.  He expressed the hope that judges who had accepted positions before the two-year bar would relinquish them. Before the implementation of the National Judicial Policy, 1.8 million cases were pending in the Supreme Court, Federal Shariat Court and district courts in June, 2009, said the CJ. The figure was reduced to 1.4 million by June 30, 2011.

Giving an overview of the Supreme Court’s performance, he said 15,027 cases were filed, while 15,262 cases were decided of which 7,173 cases were filed in Islamabad as against 8,290, the number of cases disposed of. In Lahore, 4,733 cases were filed and 4,462 were decided. In Karachi, 1,570 cases were filed and 1,535 cases decided. Likewise in Peshawar, 1,144 cases were filed and 784 were decided and in Quetta 407 cases were filed and 191 were decided. There are now 19,323 cases pending. During the past year, the court disposed of 56,115 complaints registered with the human rights cell for suo motu notice.


President Supreme Court Bar Association Asma Jahangir said in her address that the bar supported the SC’s decision to remove PCO judges. The other issue of significance she raised was the number of public interest litigation cases taken up by the SC, which she said lacked transparency. “There has been no creative interpretation of the law which defines public importance or gives any guidelines for invoking the jurisdiction of public interest litigation.”

Asma said the National Judicial Policy has serious conceptual flaws since it emphasises quick disposal rather than delivery of justice. “It has undermined the supervisory jurisdiction of the high courts over the subordinate judiciary. This has disturbed the three-decade old hierarchical structure of the court judiciary.”

Published in The Express Tribune, September 13th,  2011.

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