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Addressing the gathering for the inauguration of a new judicial complex in Rawalpindi early on Tuesday morning, the Chief Justice reiterated that no one is over and above the law, and that the court has a duty to provide the people with justice.
“Judiciary today is fully alert and responsive to the peoples’ grievances and sufferings. It will leave no stone unturned in securing their fundamental rights of life, liberty and property,” he said.
Judicious disposition
The Chief Justice linked the provision of rights to the public to the success of the justice system. “Success of the justice system depends upon the services rendered by its legal professionals.”
“They are the promoters and protectors of human rights and constitutional norms and as part of their professional duties,” he said. The judicial cog stood on both the bench and the bar and both needed to work in tandem to provide justice to the public. “They share equal responsibility with the bench to keep ‘the stream of justice pure and unsullied’. The bar and the bench, the two proverbial wheels of the chariot of justice, are required to nurture a dynamic relationship of mutual respect, cooperation and liaison for achieving the goal of fair dispensation of justice, eradicating social evils, and building the society on the norms of justice, equality and fair play.”
“The judges of the district courts must be in a position to render transparent and impartial decisions, without being influenced by fear or favour,” he said, emphasising the integral roles of district judges dispensing justice at the grass root level. “Highest degree of integrity, efficiency and commitment to perform duties, is expected from the judges at all levels and especially from the judges of the district courts who exercise vast powers and authority under the law for analysing the facts and reaching the truth in the case.”
He urged the judges to be just, that their decisions should be such that any lawyer exiting their court is satisfied with the decision.
Backlogged cases
One of the critical issues that the National Judicial Policy of 2009 was due to address was Pakistan’s massive backlog of cases. There has been limited success in negotiating with the mammoth number of cases pending in the courts, the Chief Justice observed.
“After formulation of National Judicial Policy 2009, as revised from time to time, the working and efficiency of the district courts have increased to a great extent and the credit goes to the judges as well as lawyers who in collaboration with each other made the policy’s implementation possible,” the Chief Justice said, but noted that “the common problems of backlog of cases; delays and protracted litigation; frivolous litigation; corruption and certain procedural flaws are still there, although lesser in degree as compared to the past.”
“No matter how much wisdom and experience is poured in identifying the problems, instant and complete relief is unlikely to be achieved as the problems themselves are so complex,” he said, suggesting that “proper case management and time management; identifying and analysing problematic areas; consultation and collaboration between bar and bench; and devising mechanisms; will provide a gradual but significant cure.”
“The National Judicial Policy indeed furnishes the platform for the Bench and the Bar to cooperate and coordinate for achieving the objective of effective and efficient system of administration of justice in the country.”
Equipped for justice
The Chief Justice said that a judge can no longer say that there are obstacles, do not have the tools to dispense justice, since the new complex has been equipped to allow judges to keep up to date and equipped to deal with emerging challenges.
“Law is a dynamic process and it changes shapes, in line with changing realities and emerging challenges. The judges are required to improve their skills through continuous learning by means of legal training and research and thereby improving their understanding of the law,” he stressed adding that judges need to learn the latest techniques of searching case-law through information technology tools.
“In this globalised world, the laws of one country bear direct and indirect impact on the laws of other countries. Internet facility, which is available to all and sundry, provides prompt access to the laws and judicial decisions of almost all the countries of the world,” he said pointing to the facilities made available in the new judicial complex. “Therefore, it is the need of the hour that the Judges learn the basic skills of web browsing and thereby acquaint themselves with the legal research databases and methodologies so as to have latest information about the changing trends in substantive and procedural laws of the foreign countries.
“There is no doubt that the judges cannot legislate; however, they can at least set out such standards through their rational and research based judgments that serve as guidelines for the legislators for bringing necessary changes in the out-dated laws and regulations,” the Chief Justice pointed out.
COMMENTS (26)
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@Raz:
Depends how desperate you are for justice-after all it is the SUPREME court! & trust me I am no novice!
All he need now is a cape and underwear to wear over his robes; then he can rightly call himself Pak Justice - the protector of all constitutional rights.
Action speaks louder than words. Justice must not only be done, it must be seen to have been done.
@A J Khan: Beautifully expressed.
I was quite surprised by this simplicity. I found that CJ was quite off the mark from reality. Courts are no where near the desired level of competence and their output is very low in quality and quantity. The decisions are wanting and one decision leads to another litigation and the cycle continues to drain public of their hard earned money without relief. It is my solemn conviction that one is much better off with injustice than getting justice from Pakistani courts.The delayed, tiring, tedious methods of our courts has encouraged Jirga, Panchayat and mehr. Complacency is always the beginning of end.
Judges speak through their decisions only, not to public more over just go out and see what is happening in any branch of judiciary under your watch . old saying if you point one finger at any one three fingers points toward you , so stop point fingers and rectify your judicial system before it is too late
@Zaffar: What do you thing it is easy and affordable to all to approach the 'Supreme Court'? If you think so, you are such a novice and simple-minded.
@Mujhe hay hukm-e azaan: Can you elaborate on what CJ has been doing during all those years after restoration? Taking suo moto on non-issues! What else?
CJ Sahib, "Courts have a duty to provide people with justice" but there should be a time frame to provide justice.
There are people in Pakistan who cases are pending in the courts for ages. This the reason people say that "Justice delay is justice denied".
Can't Pakistani Courts provided justice to the aggrevied parties similar to the courts in Saudi Arabia? i.e. within two weeks?
And you(courts) are performing your duty very well, you deserve four not three cheers. instead of given verdict on Asghar Khan petition, his highness has forwarded this case to high court. Sweep before your own door.
CJ spoke about Balochistan and missing persons case - any particular reason / pressure for not covering it in the your reporting ?
All of the above derogatory remarks against this genttleman are totally uncalled for-he is the ONLY sane voice & personality who is giving some hope to the honest people of Pakistan. Any other soul would have long gone, but he is the only one who has stood up since Mushraff (the Dictator). Long live the CJP- I bet u if u had a case of mis-justice against u then u would be approcahing him without any attitude. People get a life!
You don't say
In his political speech the PCO CJ said "it is the duty of judges as well as lawyers to act as a bulwark against constitutional excesses and arbitrariness in order to turn Pakistan into a true welfare state.” Who has stopped them from turning Pakistan into a true welfare state? How many more years and extensions would they take to start doing the real work for people? Let us drop politics by paid govt servants and do the actual work for a change.
Dear Honorable Chief Justice, when will you perform your duty to provide justice to Air Marshal Asghar Khan? The poor guy is well in his mid-eighties, and his petition has been around for more than fifteen years. Don't you think that the dispesation of justice is somewhat slower for Asghar Khan's than for Hussain Haqqani!
People expect CJ to behave ideally without realizing what they get from politicians in comparisons. CJ is last hope for Pakistan and is worth his weight in Gold.
From the comments above one realises that these people are demanding ideal behaviour from CJ. Why don't they ask questions from their elected (most corrupt) representitives and what answers do they expect.
CJ is doing his best and he is worth his weight in Gold. Nothing better is possible than what he is already doing.
Sir! Why are you not performing that duty then?
Keep saying this. Word are enough to prove your power Mr. Choudhry
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said that “the people of Pakistan repose great confidence in the judiciary and it is the duty of judges as well as lawyers to act as a bulwark against constitutional excesses and arbitrariness in order to turn Pakistan into a true welfare state.” Please ask about confidence from common citizen who can't get a hearing date fixed without paying "tribute" to "moharer".i.e. clerk of court. When the lip service and hypocrisy about backlog will end? What about arbitrariness of courts?
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said that “the people of Pakistan repose great confidence in the judiciary and it is the duty of judges as well as lawyers to act as a bulwark against constitutional excesses and arbitrariness in order to turn Pakistan into a true welfare state.” Ask about "confidence" from common citizen who can't get a date of hearing without paying "tribute" to "moharer" i.e. clerk of courts. Backlog is another example, when he speaks of backlog what that means, lip service or hypocrisy? And what about Judicial arbitrariness? When the self praising will end.
Another daily sermon to tell the people that he is the ultimate authority.
Outright lies dot the address of the PCO Chief Justice most stunning being none other than the fact that the cases pending have actually increased to historic highs. Also such public address is in violation of the Code of conduct issue by the Supreme Judicial Council under the chairmanship of none other than Iftikhar Chaudhry himself.
Courts must decide about cases on their merit in accordance with law and construrional provisions and they, the court or judges, have no business to be "responsive" to any people.
My lord: When will Arsalan Iftikhar be sentenced for proven corruption? Regards, Rehan