Lack of easy access to justice spawns militancy

ISLAMABAD: Chief Justice of Balochistan High Court Qazi Faez Isa has observed that militant organisations keep on thriving in Pakistan because there has never been easy access to justice.

“Terrorists’ organisations have taken root in Pakistan…when nobody has access to justice in the country,” said Justice Isa in a written letter to Chief Justice of Pakistan.

A three-page letter, a copy of which is with The Express Tribune, reads: “The looming debacle reminds Quaid-e-Azam’s fears that the danger of denial of justice remained dominant over society because of religious disputes among various organisations in the state.

“I remind you (my lord) Quaid’s words in which he (Quaid) pointed out religion, culture and civilisation fighting in Pakistan because there was a danger of denial of these human rights in the subcontinent,” Justice Isa wrote.

He requested Chief Justice Iftikhar Muhammad Chaudhry to take notice of unruly laws prevailing in the country as the poor are struggling for justice from pillar to post but they have no access to justice.

He also feared a new judicial crisis when BHC will be virtually blanked after the completion of tenure of additional judges by September 5, 2010.

Peshawar High Court Chief Justice Ejaz Afzal Khan and Lahore High Court Chief Justice Khawaja Sharif also sought Supreme Court’s advice in appointment of judges in superior courts. In their written letters, Justices Ejaz and Sharif also made similar requests.

On these requests Chief Justice of Supreme Court passed the following order:

“I am of the opinion that since the matter relating to procedure of appointment of judges is pending adjudication before the full bench. Therefore, on administrative side possibly no action can be taken thus letters be placed before the bench treating as civil miscellaneous application in miscellaneous petition.”

Attorney General Maulvi Anwarul Haq said: “I and President Supreme Court Bar Association will be appearing before the lager bench on Monday regarding (giving) extension to additional judges in the BHC.”

It is also pertinent to mention here that some 32 additional judges will complete their terms after Eid.

Published in The Express Tribune, August 30^th, 2010.