Mr Azad’s statement relates to the heavy pendency that the judiciary currently faces. The Supreme Court’s annual report covering the period between April 2010 and December 2011 speaks of a staggering pendency of 17,246 cases. Add to them another 620 cases, at least, so far this year, according to a monthly news magazine.
The courts in Punjab, e.g., face a pendency of some 1.6 million cases, including over 700,000 civil cases awaiting decisions since March 2011 in lower and high courts. The pendency at courts in Sindh, Balochistan and Khyber-Pakhtunkhwa is equally staggering. This is disturbing if viewed against the new judicial policy developed under your august guidance. This policy had stipulated a maximum of six months for adjudication of civil cases.
On several occasions and at an international judicial conference in April this year, you expressed your commitment to ending the backlog through quicker settlements. However, the cases keep mounting due to deterioration of law and order and abuse of law.
Honourable chief justice, an admirer of the activism you have demonstrated in public interest litigation, I would like to humbly state that the relentless pursuit of the NRO cases has led to the perception of the highest court being driven by political motives. This undermines the esteemed and extremely important office that you and your colleagues hold.
While public sector litigation deserves urgent attention, it also puts limits to the extent to which apex courts can go. Doesn’t the superior court run the risk of losing sight of its primary function, i.e., serving as the guardian and interpreter of fundamental human rights, when it overwhelmingly stretches itself into what is usually the executive’s domain (checks on prices, television censorship and graft cases, for example)?
While the Supreme Court’s proactive moves on various counts came across as a major unprecedented consolation for the hapless millions that continue to suffer under the ruling elite’s abuse of power, poor governance and corruption-plagued system at the lower court level, the Court needs to guard against the hazards that its activism brings with it. Do the highest courts get themselves involved in the constitution of commissions (media, memo, Abbottabad) or act as consumer protection cells?
Interventions in human rights issues, abuse of state power and resources have indeed raised the stature of the apex court but nullification of the privatisation of Pakistan Steel Mills or indecision in the Reko Diq case — so vital to the interests of people of Balochistan — are some examples where the Court was seen lacking and oblivious to economic dictates.
Honourable chief justice, Pakistanis will remember all justices if the justices manage to set new benchmarks for the accountability of public representatives and the ruling elite and ensure rule of and respect for law. This must be the end goal for the Court instead of spending time on cases that are administrative or political in nature.
Published in The Express Tribune, August 31st, 2012.
COMMENTS (29)
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As a common citizen of the Islamic Republic of Pakistan, I can express my views that the Hon'ble Chief Justice alongwith other judges are playing great role for recovery of missing persons, law and order situation in the province Balochistan, but one thing which i found in the minds of the poor people, that some of the people were involved in theft and other kind of criminal activities. I think, but after starting the business of non custom paid vehicles they were running their family measures by earning 5000 rupees, less or above peacefully, but now when their business stopped, due to crack down against the NCP vehicles, what will they do, is questionable. Even though in Balochistan neither there is any single factory nor any other source of income in the form of job and business etc is available. Furthermore, the question arise, that how these NCP vehicle entered Pakistan and even entering now as well. Moreover, only the NCP vehicle are not involved in violation of law and order, by the delinquents can also use bicycles, Motorcycles even donkey RERI in such kind of activities, although how many custom paid car's owners have yet be traced involved in different kind of attacks. Due to such crack down the poor and common people are badly suffering, while the powerful people are using NCP vehicle nowadays too. It is humbly requested from the Hon'ble Chief Justice of Pakistan H.E Mr. Justice Iftikhar Mohammad Choudhry, to please sir bless the poor people of Balochistan and pass such an order like in Khayber Pashtoonkhwa province regarding the NCP vehicles, whereby the Govt has ordered to register the NCP vehicles after paying some accessible tax as the poor people can afford on Annual basis, which will play a vital role in the economic situation of the country in the form of voluntarily paying tax by the people, which will results revenue to the country, and the boarder shall be closed and the concerned authorities shall be warned that no any kind of vehilce if entered Pakistan, they will be dismissed from their duties, but here the NCP vehicles are entereing Pakistan, actually the crack dwon shall be entertained on boarders. So that the poor people of Balochistan may not suffer badly in lossing huge amount of money spent on these NCPVs. Appropriate order is requested to be passed from the Chief Justice of Pakistan or by the Govt.
Regards The poor and badly suffered poeple from the crack down against NCPVs.
@FD: The present govt will complete its term....dont worry....yet is it appropriate to let these crooks off the hook.....yr pleading makes you an accomplice to the crimes too...remember the saying in Quran.....giver n taker of money, crime n corruption both are an accomplice eincluding it's supporters like you....
How about being brave enough and writing a couple of Open Letters to the current political rulers of Pakistan also? After all power at least in the civil domain is completely held by them. Why can they not do something about the increasing sectarianism and the missing persons and a whole lot of problems that fall squarely in their domain. The SC powers are indirect and are based on the cooperation of the Executive; if the executive does want to do the needful, it does not matter what SC does.
Reply to@Iftikhar Khan: regrettably you r one of many with such notion. That all terrorists hav been let off by the courts when knowing very well the reason that it is due to our weak proscecution wherein they are unable to provide sufficient evidence n police investigation is also found to be poor due to untrained staff n lack of trained forensic staff n equipment.....so blaming courts of letting terrorists off the hook is little bit too much.....pls update yourself with facts instead of being paranoid n obsessed of courts actions just for the sake of opposition.....grow up pls.
I am against Zardai politicaly but what has been suggested to the CJP is need of the hour.
Cheif Justice Doing Good Job No Doubt Some Mistakes Their But Don't Forget Some Good Deciones Done By Him Who Never Done Before I Feel Judicery Not Independit Fully If They Take Some More Actions For Rule Of Law We Want Some More Desaster
A patriot like CJ must always aim for the "head of the enemy". In Pakistan, when it comes to war and love ...All is rule of the law !!
You raise a very important issue, however, the prime reason for the backlog is a lack of resources - we need more judges, and more resources at their disposal to handle the cases. And this falls within the powers of the executive - the judiciary cannot allocate more money from the budget to solve this problem.
Chief Injustice is more into publicity than work. He is an attention seeker and loves protocol. Justice is beyond him.
Gul sb., all the wisdom in the world shall not detract our CJ from his righteous path. The honourable and glorious saviour of our nation knows what's best for the people of this land.
I have to agree with your logic. The senior judiciary has tried to do what it is not equipped to do. When they ventured down this path it should have been a ' in for a penny, in for a pound ' policy but sadly the government frustrated them at every turn and today they appear helpless. They should now do what they are supposed to do and that is dispense quick, evenhanded justice to the people.
Lordship! Another reminder
Why do we all forget about basic element of justice? If your higher echelons are corrupt, how could justice trickle down to masses? Both the things are intensively inter-related. Justice will ONLY prevail if and only if the top management is accountable.
You will be foolish to expect justice for masses when your top management just keeps creeping billions in their coffers. So people, do have some common-sense which all of above don't really seem to have and please stand by CJ in these trying times if any improvement is to be expected in Pakistan in near offing.
So it is ok to pursue the opposition and other ruffians? but when the Ruling Party...or in this case the Ruling Parties are guilty then the courts should move at a slow pace? All over the world whenever the ruling elites transgress, law moves swiftly and decisively but no ....not in Pakistan it would be a grave injustice a political move!!
What a nice and truthful Op Ed and advice to the CJ. Thanks for publishing this ET. Here are some facts. The US is richest country and a huge country in the world. Yet they have only 9 judges in the SC. Common man does not know the names of the judges and they keep away from all publicity. The court holds session not on a regular basis. Yet there are no such backlogs in the US SC. in fact most of the cases (including the universal healthcare, Bush/Gore election) do not ever start in the SC. While in Pakistan benches of 17 judges sit in the SC and still do not decide cases for decades. NRO has several thousand cases including multiple murders and terrorism, yet the SC is only obsessed with the Swiss case. These same judges have kept Zardari in jail for 15 years without bail and without ever deciding a single case against him. They are still wasting time and energy to outsource the case to unwilling Swiss instead of deciding themselves. Same is the fate of cases like Asghar Khan and killings in Balochistan where despite many populist speeches there is not a single decision (completion of case) by the PCO SC. However, Arsalan's case was taken up and he is living happily thereafter. Knowing the decades long "live" cases against the PPP, the CJ made sure that Arsalan's case is taken up by the SC so even after his retirement no lower court could dare take that up!
An important fundamental right issue and the test case for our judiciary is a case of 13 years old Rimsha Masehi. On this matter our active Chief justice is sleeping. I cant understand what else argument we need to convince our nation that this chief justice is neither capable of protecting fundamental rights and nor capable of providing justice across the board. He and his fellow judges mired into a notorious political game and finally knocked down by PPP's outburst politicians like Faisal Raza Abdi, Sharjeel Memon and etc. Yesterday, all opposition leaders and even law experts totally failed to defend so called independent judiciary over its recent mockery with law and justice (Arsalan Iftakhar Case verdict)
Some thoughts 1)Qadari who killed Governor his case is still not decided?However; Devis got justice in 2months. 2) convicted and criminals are ruling the country. Is this democracy and rule of law? 3)Why an ordinary person once commits crime becomes ineligible for any government service while another person spending 10 years in jail heads the government? 4) the law and order situtaion of the country has seriously deteriorated no one is held accountable? No one resigns?
I highly doubt that Honourable Chief Justice will even read this comment. But I would just try my luck.
"Please for the betterment of this country and prosperity of this nation. Stop running after this NRO case. I am not defending the government but let it complete its term for once in the history of Pakistan. We all know they are corrupt at their core. But just once let it go. Forfeit please for the interest of this country. Only losers in this ware are 'us', not you, not executives.
And to divert your mind, you could try taking suo-motu on cases which actually matter to general population. Like providing efficient and instant justice to population? Taking notice of educational sector, power sector, minority laws? You can choose any sector according to your own personal taste. But in return please, for once give us opportunity to at least proudly proclaim that our country completed its democratic rule without upsetting any general or justice. Pretty please?"
CJ will make us forget the dishonest Molvi Mushtaq. He has brought courts to new depth! Arsalan Iftakhar is free man while one he cheated and blackmailed faces contempt!
CJ was restored after the hectic efforts of thr layman of the country with the hope that he will build the institute and find out ways to make justice easier and cheaper for the litigants. They expected from the CJ that he will built the institute in such a way that everybody will start trusting the judicial system of Pakistan. The restoration of the CJ has cost dearly to the legal fraternity in particular and the ordinary masses in general. But it seems that all the efforts have gone in vain as the CJ has proved himself as a biased, incompetent and somewhat symthasier of the religious extremist. The CJ of the SC has failed this ordinary citizen of this nation.
It is also very important to mention here that NRO did not only have corruption cases, which the media and the judiciary is so zealous about, but NRO also had murder and other criminal cases which everybody from the media to the judiciary ignore and pay no heed to; This ignorance has led to the rise in crimes, strengthening old and new criminal who are now fearless of accountability!
Have mercy on Pakistan Mr.Chief justice. Please resign. You have taken the courts to so lows one could not have ever imagined. Thankyou
One man commission appointed by the PCO judges to investigate Arslaan, and you still expect these corrupt judges to be non-political? Keep on dreaming. There is no justice here, only politics and grabbing of power so the family can keep shopping in gambling and shopping in Monte Carlos.
Add to this are the terrorism cases where known killers are released without holding prosecution accountable for incompetence in preparing the case, without wondering on why the potential witnesses somehow lose their lives? All of us should write a letter like this ourselves
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