Questioning performance: SC voices disappointment over premier’s remarks
Nawaz urges judiciary to boost performance in disposal of cases
Nawaz urges judiciary to boost performance in disposal of cases. PHOTO: AFP
ISLAMABAD:
The Supreme Court on Thursday expressed disappointment over Prime Minister Nawaz Sharif’s remarks about the performance of the judiciary, hinting at the unsatisfactory pace with which cases are being disposed of.
But the court dismissed the criticism, insisting that the judiciary is doing its work “sincerely”. At the same time, the court called upon the executive to accept its failure and fulfill its responsibilities.
Such observations were made by two different benches while hearing separate cases.
The prime minister recently told a delegation of businessmen that the pendency of cases had contributed to the law and order situation in the country.
While hearing a suo motu case regarding jail reforms, Justice Asif Saeed Khosa of the Supreme Court voiced disappointment over the PM’s statement.
He pointed out that judiciary is performing well beyond its efficiency. Though 1.7 million cases are pending only 24,000 judges are doing their duties, he said. “It is the job of the executive to appoint more judges.”
Justice Khosa said: “Whenever the government is asked to fill the judges’ vacancies, it comes up with the excuse that it does not have sufficient funds.”
“For the last 21 years, the Supreme Court has been taking up the jail reforms case; though it is the government’s job to take measures in this regard.”
He insisted that it is the time that the executive should take responsibility and do its duty which is also its constitutional obligation.
Meanwhile, another bench questioned the wisdom behind setting up of the military courts, asking whether judges of these courts were more capable and intelligent than the rest of the judges in the judiciary.
The two-judge bench, headed by Justice Jawwad S Khawaja, cited poor investigation and weak prosecution as reasons for the delay and pendency of cases in the courts, saying that if the situation persists it will give rise to further enhancing the backlog.
Instead of launching propaganda against the judiciary for delaying justice, the state should accept its failure, Justice Khawaja observed, adding that courts were meant to dispense justice and not to hand down punishments only.
The court also asked the government to realise its failure and rectify its weaknesses for the delayed justice instead of ridiculing the judicial system.
The courts were expressing their concern for years over weak prosecution that led the accused to eventually acquit, the court noted.
The court also summoned complete record of cases from all the provinces in which the accused were acquitted or freed because of incomplete challans and weak prosecution.
The court has asked for the details of action taken against the delinquent investigating officers for their unproductive investigations too.
“Who should be held responsible for incarcerating innocent people for years who eventually were acquitted since the offence for which they were booked could not be proved later?” it observed.
Published in The Express Tribune, January 16th, 2015.
The Supreme Court on Thursday expressed disappointment over Prime Minister Nawaz Sharif’s remarks about the performance of the judiciary, hinting at the unsatisfactory pace with which cases are being disposed of.
But the court dismissed the criticism, insisting that the judiciary is doing its work “sincerely”. At the same time, the court called upon the executive to accept its failure and fulfill its responsibilities.
Such observations were made by two different benches while hearing separate cases.
The prime minister recently told a delegation of businessmen that the pendency of cases had contributed to the law and order situation in the country.
While hearing a suo motu case regarding jail reforms, Justice Asif Saeed Khosa of the Supreme Court voiced disappointment over the PM’s statement.
He pointed out that judiciary is performing well beyond its efficiency. Though 1.7 million cases are pending only 24,000 judges are doing their duties, he said. “It is the job of the executive to appoint more judges.”
Justice Khosa said: “Whenever the government is asked to fill the judges’ vacancies, it comes up with the excuse that it does not have sufficient funds.”
“For the last 21 years, the Supreme Court has been taking up the jail reforms case; though it is the government’s job to take measures in this regard.”
He insisted that it is the time that the executive should take responsibility and do its duty which is also its constitutional obligation.
Meanwhile, another bench questioned the wisdom behind setting up of the military courts, asking whether judges of these courts were more capable and intelligent than the rest of the judges in the judiciary.
The two-judge bench, headed by Justice Jawwad S Khawaja, cited poor investigation and weak prosecution as reasons for the delay and pendency of cases in the courts, saying that if the situation persists it will give rise to further enhancing the backlog.
Instead of launching propaganda against the judiciary for delaying justice, the state should accept its failure, Justice Khawaja observed, adding that courts were meant to dispense justice and not to hand down punishments only.
The court also asked the government to realise its failure and rectify its weaknesses for the delayed justice instead of ridiculing the judicial system.
The courts were expressing their concern for years over weak prosecution that led the accused to eventually acquit, the court noted.
The court also summoned complete record of cases from all the provinces in which the accused were acquitted or freed because of incomplete challans and weak prosecution.
The court has asked for the details of action taken against the delinquent investigating officers for their unproductive investigations too.
“Who should be held responsible for incarcerating innocent people for years who eventually were acquitted since the offence for which they were booked could not be proved later?” it observed.
Published in The Express Tribune, January 16th, 2015.