ISLAMABAD: Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said that the Courts flung into action the moment when rights are violated and appropriate proceedings are initiated for enforcement.
Addressing an inaugural session of National Judicial Conference here on Friday the Chief Justice said, “When we talk about the judicial independence it must operate within the constitutional domain assigned to it.”
He said that the competence of judiciary can be measured through its decisions and approach. A judge should be a gentleman first and a gentleman last, the chief justice said.
He said that the judiciary as institution is the sum total of the members it consists of. The members of the judiciary in large majority come from the bar, he said and the bar is the nursery from which the members of the judiciary are selected.
“To promote the cause of justice, coordination of the bench and bar needs to be maintained and institutionalized. The bar plays equal role for the maintenance and independence of judiciary provided there is mutual understanding and trust between the bench and the bar. Therefore, the quality of the bar is bound to reflect on the quality of the bench. What holds good for judiciary also holds good for the bar,” he said.
On the performance of judiciary, he said that the targets set out for the disposal of cases in the National Judicial Policy were achieved. He said that since May 31st 2009 due to improved performance of judiciary, the targets set out for the disposal of cases were achieved.
The Supreme Court, Federal Shariat Court, High Courts and District Judiciary decided a total of 49,65,731 cases, while during the said period 45,72,690 new cases were instituted meaning thereby that the disposal figure is higher than the institution which is a great achievement.
The High Courts and District Judiciary since the implementation of National Judicial Policy have disposed of 89% of old cases. This performance of the judiciary has strengthened the perception of general public about the rule of law in the country, he added.
To extend the benefits of Probation Ordinance, 1960 and Good Conduct Prisoners Probation Release Act, 1926 the National Judicial Policy set certain goals to consider the cases of deserving under-trial prisoners and convicts, he said. “I want to put in the knowledge of this gathering that so far 38,292 prisoners have been released on probation and similarly 486 on parole,” the chief justice informed.
Justice Iftikhar Muhammad Chaudhry said that the non–completion of investigation and non-submission of challans in the statuary period is a major cause of delay in the early disposal of cases.
“The District Police Officers were directed to ensure the submission of challans within the prescribed period and the delinquent officers were to be treated inefficient under the Police Order. From 1st January, 2010 to 31st March, 2011, in pursuance of the National Judicial Policy action has been taken against 15,927 delinquent officers on account of non submission of challan within the prescribed period,” he said.
It is the duty of every State functionary to uphold the rule of law and strict adherence to the Constitution, the chief justice said. He said when the state functionaries transgress their authority, and then the Court has to invoke its power. It can only happen if we have honest, committed and independent judiciary to uphold the rule of law, he said. Online
