Chief
Justice of Pakistan Justice Iftikhar Muhammad Chaudhry said that
National Judicial Policy provides a path to reform the administration
of justice in the country to the goal of expeditious and inexpensive
justice to all within existing resources. He
was addressing a meeting with the chief justices of provincial high
courts and judges of the High Court of Sindh (SHC) to examine effective
implementation of National Judicial Policy here on Friday.
“The Policy articulates strategies
for independence of judiciary, eradication of corruption, clearance of
backlog and quick dispensation of justice,” he said.
The Chief Justice said that particularly attention needs to be given to timely disposal of criminal cases, especially the cases of under trial prisoners, languishing in jails.
“Urgency has been accorded to cases involving violation of fundamental rights and restraint on liberty/freedom of individual. Certain categories of cases, having close nexus with economic development and good governance, have been prioritised in the Policy,” he said and added that it includes disputes pertaining to trade, commerce, investment, taxes, duties etc. The family cases, juvenile offences, and rent matters should also be kept on fast track for quick disposal.
He said emphasis must be given to swift disposal of narcotics, anti-terrorism, anti-corruption and accountability cases.
“The National Judicial Policy has evolved an effective mechanism for administration of justice, yet it has been observed that the goals have not yet been achieved,” he pointed out.
Justice Iftikhar M. Chaudhry said it is time for realisation and to account for what was to be done and what is being done. This is the time to step forward and assume our roles and duties.
“Every step towards the goal of justice requires sacrifice, tireless efforts and passionate concern of dedicated individuals,” he stressed.
Referring to a news item aired on a television channel, he informed the meeting that a person claimed that his 11-year-old daughter was killed after committing “zina” by the accused.
The accused was arrested who confessed his guilt and even the body of the victim was recovered on his indication, the case is lingering on since last six years without any progress, he pointed out.
He said the report pertains to a Karachi court and was dated back to 2005.
“Report has been called from the concerned judicial officer and I will make sure that whoever is involved in this delay, shall be taken to task,” he said expressing concern over the delay in execution of justice.
He said it was just one case, which came into the limelight and he feared how many identical cases could be pending before the courts negating tall claims of expeditious and qualitative dispensation of justice.
“Such cases are adversely affecting the image of judiciary and exposing loopholes of monitoring mechanism. It seems that presiding officers absolutely have not shown interest in deciding the cases,” he observed.
He said similar situation accrued during the last National Judicial Conference when three prisoners, who were brought from Adiala Jail, Rawalpindi, disclosed their miseries about non-completion of their trial, but their case was disposed within next 15 days by LHC.
The ineffectiveness of lower courts forces many litigants to approach the Supreme Court for relief, which should be the last point of appeal in the judicial system, he added.
Chief Justice said that he was compelled to say that lack of supervision of the subordinate courts was one of the major causes of “delay and laxity” on their part.
“Article 203 of the Constitution unequivocally provides that “Each High Court shall supervise and control all Courts subordinate to it,” the CJP said.
The Chief Justice said there were elaborate provisions in Civil Procedure Code, Code of Criminal Procedure, Civil Court Ordinance, 1962, High Courts rules and orders bound the Chief Justices and Judges of the High Court to actively supervise the subordinate judiciary through inspection and surprise visits to the subordinate courts.
Sindh Civil Courts Rules provide that the Chief Justice or a Judge nominated by the Chief Justice shall inspect the district courts. Non compliance of these important provisions has adversely affected the working of these courts, he further pointed out.
An efficient and speedy court system is yet to be established to decide cases expeditiously without the strict oversight of the higher judiciary. Dispensation of justice is the most serious affair, he said.
Justice Iftikhar Chaudhry said the process has to be undertaken in a conducive environment. “We have to pay attention to the quantitative performance, but at the same time, we cannot lose sight of the qualitative aspect.”
He said corrupt practices on part of judicial officers and the court staff have lowered the confidence of litigants in the judicial system.
He said there was need for establishment of “Cell for Eradication of Corruption from Judiciary” under the supervision of Chief Justice of High Court, monitoring the performance of the District and Sessions Judges by appointing a judge of the High Court and conducting surprise visits/ inspections of the courts, establishment of a Committee headed by the D& SJ and President District Bar Association to curb the corruption of court staff including “munshis” and clerks and persons who have a bad reputation and assets beyond their ostensible means of income must be proceeded against under the relevant laws.
He emphasised the need to strengthen the surveillance systems of the courts especially at district level and to further enhance the accountability mechanism.
“I believe that the situation can be improved if the learned chief justices and their team members ensure the implementation of the Judicial Policy through strict and efficient monitoring,” he further observed.
“Always remember that there is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts,” he said while addressing the judges of the superior judiciary.
He said during the current meetings, the commission will critically examine the data of criminal cases received from District and Sessions Judges, Additional Districts and Session Judges and Judicial Magistrates functioning at district and talukas level as well as from special courts of ATA, Anti-corruption, Accountability and Banking Courts.
Meanwhile, the CJP will also take part in First Judicial Academies Summit and seminar on Criminal Justice Dispensation, Prosecution and Investigation here on Saturday. APP
The Chief Justice said that particularly attention needs to be given to timely disposal of criminal cases, especially the cases of under trial prisoners, languishing in jails.
“Urgency has been accorded to cases involving violation of fundamental rights and restraint on liberty/freedom of individual. Certain categories of cases, having close nexus with economic development and good governance, have been prioritised in the Policy,” he said and added that it includes disputes pertaining to trade, commerce, investment, taxes, duties etc. The family cases, juvenile offences, and rent matters should also be kept on fast track for quick disposal.
He said emphasis must be given to swift disposal of narcotics, anti-terrorism, anti-corruption and accountability cases.
“The National Judicial Policy has evolved an effective mechanism for administration of justice, yet it has been observed that the goals have not yet been achieved,” he pointed out.
Justice Iftikhar M. Chaudhry said it is time for realisation and to account for what was to be done and what is being done. This is the time to step forward and assume our roles and duties.
“Every step towards the goal of justice requires sacrifice, tireless efforts and passionate concern of dedicated individuals,” he stressed.
Referring to a news item aired on a television channel, he informed the meeting that a person claimed that his 11-year-old daughter was killed after committing “zina” by the accused.
The accused was arrested who confessed his guilt and even the body of the victim was recovered on his indication, the case is lingering on since last six years without any progress, he pointed out.
He said the report pertains to a Karachi court and was dated back to 2005.
“Report has been called from the concerned judicial officer and I will make sure that whoever is involved in this delay, shall be taken to task,” he said expressing concern over the delay in execution of justice.
He said it was just one case, which came into the limelight and he feared how many identical cases could be pending before the courts negating tall claims of expeditious and qualitative dispensation of justice.
“Such cases are adversely affecting the image of judiciary and exposing loopholes of monitoring mechanism. It seems that presiding officers absolutely have not shown interest in deciding the cases,” he observed.
He said similar situation accrued during the last National Judicial Conference when three prisoners, who were brought from Adiala Jail, Rawalpindi, disclosed their miseries about non-completion of their trial, but their case was disposed within next 15 days by LHC.
The ineffectiveness of lower courts forces many litigants to approach the Supreme Court for relief, which should be the last point of appeal in the judicial system, he added.
Chief Justice said that he was compelled to say that lack of supervision of the subordinate courts was one of the major causes of “delay and laxity” on their part.
“Article 203 of the Constitution unequivocally provides that “Each High Court shall supervise and control all Courts subordinate to it,” the CJP said.
The Chief Justice said there were elaborate provisions in Civil Procedure Code, Code of Criminal Procedure, Civil Court Ordinance, 1962, High Courts rules and orders bound the Chief Justices and Judges of the High Court to actively supervise the subordinate judiciary through inspection and surprise visits to the subordinate courts.
Sindh Civil Courts Rules provide that the Chief Justice or a Judge nominated by the Chief Justice shall inspect the district courts. Non compliance of these important provisions has adversely affected the working of these courts, he further pointed out.
An efficient and speedy court system is yet to be established to decide cases expeditiously without the strict oversight of the higher judiciary. Dispensation of justice is the most serious affair, he said.
Justice Iftikhar Chaudhry said the process has to be undertaken in a conducive environment. “We have to pay attention to the quantitative performance, but at the same time, we cannot lose sight of the qualitative aspect.”
He said corrupt practices on part of judicial officers and the court staff have lowered the confidence of litigants in the judicial system.
He said there was need for establishment of “Cell for Eradication of Corruption from Judiciary” under the supervision of Chief Justice of High Court, monitoring the performance of the District and Sessions Judges by appointing a judge of the High Court and conducting surprise visits/ inspections of the courts, establishment of a Committee headed by the D& SJ and President District Bar Association to curb the corruption of court staff including “munshis” and clerks and persons who have a bad reputation and assets beyond their ostensible means of income must be proceeded against under the relevant laws.
He emphasised the need to strengthen the surveillance systems of the courts especially at district level and to further enhance the accountability mechanism.
“I believe that the situation can be improved if the learned chief justices and their team members ensure the implementation of the Judicial Policy through strict and efficient monitoring,” he further observed.
“Always remember that there is a higher court than courts of justice and that is the court of conscience. It supersedes all other courts,” he said while addressing the judges of the superior judiciary.
He said during the current meetings, the commission will critically examine the data of criminal cases received from District and Sessions Judges, Additional Districts and Session Judges and Judicial Magistrates functioning at district and talukas level as well as from special courts of ATA, Anti-corruption, Accountability and Banking Courts.
Meanwhile, the CJP will also take part in First Judicial Academies Summit and seminar on Criminal Justice Dispensation, Prosecution and Investigation here on Saturday. APP
