Chief Justice Iftikhar Muhammad Chaudhry has said that no dictator should have
courage in future to commit any illegal step in the country, adding
that this has become possible with in the result of the lawyers’
sacrifices and struggle.
Addressing to the inauguration ceremony of lawyers club and chambers
in Rawalpindi on Friday Chief Justice said that the judges vowed to
protect the constitution of the country, adding that Judges would not
take oath under the PCO. I called the 3rd November action as martial law
and not the emergency plus, he said.
He said that we have proved through actions that there is independent
judiciary in the country, adding that Rawalpindi bar played pivotal
role in the success of the lawyer’s movement for the restoration of
deposed judges.
He said that the verdicts would only be announced according to the
constitution, adding that the verdicts could not be issued according to
the will of any person.
He said that in the verdict of the 31st July 2009 the judges of the
Supreme Court set aside all the illegal actions of the dictator.
He said that there would be rule of law in the country, adding that there is a good relation between the bench and bar.
He said that the confidence of the masses increased on judiciary
after independence, adding that know everything is notice of the
judiciary and it has become possible through print and electronic media.
He said that through independent media the masses have become aware
about their rights, adding that judges held long struggle for the
restoration of judiciary and faced many problems including sacrifice of
job.
He said that many people used to talk about illegal action for
political interests, adding that no one would have courage to commit
illegal action and there be no one in judiciary who would validate the
action of the dictator.
He said that according to the article 5 of the constitution all the citizens are bound to loyal with the country.
He said that the number of cases is increases after the restoration
of the judiciary, adding that the sacrifices of the judges would not go
in vain.
Chief Justice said that the lawyers’ community has earned a great
respect for the legal profession. They are the role model for the
community and have exhibited exemplary conduct for securing independence
of judiciary, adding that they stood with Bench to restore the rule of
law and constitutionalism in the country. Without their untiring efforts
the present scenario could not have seen the light of the day.
CJP said that after restoration of independent judiciary in March
2009, the first step was taken to gear up the system of administration
of justice towards securing inexpensive and expeditious justice at the
grass root level.
The Judiciary after restoration was facing the severe problem of
backlog of cases at every level from lower to the superior courts.
Number of cases pending in the district Judiciary was much higher as
compared to High Courts and Supreme Court, CJ said.
He said that the district judiciary is the backbone of the judicial
system of Pakistan. If the District Judiciary delivers to the
satisfaction of the people it inspires confidence and earns respect of
the people. About ninety percent of the litigants, at first stage, come
in contact with District Judiciary. Therefore, the impression and
confidence of public regarding the judicial system, is directly
dependent upon their experience at this level.
The delay in dispensation of justice not only causes agony to the
litigants but also badly affects the fabric of socio-economic
activities. This has been the main issue before the successive law
reform commissions and committees set up from time to time.
The delay discourages the people to approach to Courts for the
redressal of their grievances. In this situation, the Bars raise the
voice of the people’s conscious and operate as sentinel of their portal
of freedom. It was the lawyers’ community of the country who vigorously
carried out the struggle for the rule of law and awakened the nation to
taken a stand on constitutional dispensation.
The successful campaign and un-precedented sacrifices offered by
them let to a new dawn of independence of judiciary. This in turn raised
public aspiration and expectation from justice sector. Now we have
entered in new arena of paradigm shift, where we have to deliver the
legal rights protected by the Constitution and the Law.
The National Judicial Policy Making Committee (NJPMC) was established
under the National Judicial Policy (Making Committee) Ordinance 2002.
Under the auspices of NJPMC the first National Judicial Conference was
held in February 2007 in which all the stakeholders of justice sector
including the member of the bench and the bar, public functionaries,
academicians, members of the civil society and media participated.
Iftikhar Chaudhry said that the purpose of convening National
Judicial Conference was to give a platform to all the stakeholders to
present their views so that new ways should be devised for resolving
legal and judicial problems. In this Conference many issues pertaining
to judicial independence, delay reduction, Alternate Dispute Resolution,
legal education, eradication of corruption, time management and court
management etc. were deliberated.
On the basis of these deliberations, after restoration of judiciary
in 2009, the NJPMC in its consecutive meetings formulated the National
Judicial Policy 2009, he said.
CJ said that after implementation of National Judicial Policy a
considerable success was achieved specially in the District Courts. By
and large the targets set out by the policy were achieved with proper
assistance and cooperation of the Bar. After implementation of National
judicial Policy, the NJPMC has convened three conferences, which were
attended by all stakeholders, to re-visit the National Judicial Policy
and to discuss various issues on the past experience. Upon the out come
of the conferences the policy was revised accordingly. I remember an
instance, when it was reported that cases are decided/disposed of mere
on technical grounds, he said.
CJ said that the matter was taken up with Chief Justices of the High
Courts. Resultantly, these cases were not only restored but directions
were passed to the District Judiciary to decide the cases on merit after
providing full opportunity of hearing to the parties, so that justice
should not only be done, but should manifestly be seen to have been
done.
Chief Justice said that transparency in the functioning of Courts and
eradiation of Corruption, in all its manifestation, on the part of
judicial officers and officials, is the corner stone of the National
Judicial Policy. Corruption in judicial system adversely affects and
lowers the confidence of litigant public in the judicial system.
He said that our wholehearted efforts will come to nothing if the
evil of corruption is not firmly checked. The National Judicial Policy
suggested strict adherence to the Code of Conduct by all the judicial
officers and officials and initiation of disciplinary action against the
corrupt ones.
CJ informed that a Cell for Eradication of Corruption from Judiciary
has been established under the supervision of Chief Justices High Courts
for disciplinary action against corrupt and incompetent judicial
officers and court officials. Complaints are received through the
Registrar of respective High Courts. Since the implementation of
National Judicial Policy so far many disciplinary actions have been
taken against those judicial officers and court officials who were
involved in such practices.
CJ said that in the province of the Punjab 71 officials were
dismissed, 2 judicial officers and 43 officials were removed, 1 judicial
officer and 10 officials were terminated, 7 judicial officers and 32
officials were compulsory retired from the service, adding that in
Sindh 29 officials were dismissed, 6 judicial officers and 5 officials
were compulsory retired from service, similar, major penalties were
imposed against 6 judicial officers and 16 officials.
He said that in the province of Khyber Pakhtunkhwa 8 judicial
officers and 6 officials were compulsorily retired, 2 officials were
removed and against 2 judicial officers major penalty were imposed.
CJ stated that the number of Criminal cases has direct nexus with
the capacity of the Prisons. At the movement in the Rawalpindi District
about 48373 cases are pending in the Courts out of them 8508 are only
criminal cases. While in the Central Jail, Rawalpindi, there are 4939
prisoners instead of its capacity that is 1994.
The intensity of this problem can be checked through early disposal
of cases. In this regard the role of lawyers is indispensable in terms
of providing assistance to Court. Without co-operation from the Bar, the
Courts cannot dispose of the cases expeditiously. Similarly, the Bench
is also under obligation to provide fair trial and to adopt due process
of law to protect and safeguard the rights of the litigants CJ said.
However, it is reiterated again that additional courts are to be
established at the district level where extra judges and necessary staff
should be appointed on priority basis to handle the ever increasing
institution of fresh cases and stemming the tide of ever increasing
backlog CJ said.
The presiding officers of those courts where cases are relatively low
in numbers may be rotated to those courts which are facing steep rise
in new institution and big backlog of old cases.
CJ said that there is also an urgent need to impart appropriate legal
education to the presiding officers of the district judiciary along
with the support staff so that they are professionally well prepared to
handle the variety of cases being brought before the courts. It is all
the more necessary in view of challenging issues being taken up in
courts now-a-days like intellectual property cases, commercial
litigation, and cases related to white color crimes with reference to
money laundering and terrorism, he maintained.
Chief Justice said that there is also a perpetual requirement for
appointing of judges in the various High Courts of the country. It gives
me considerable personal satisfaction to share with you the fact that
after the promulgation of 18th Amendment, I have taken special care to
not only expedite the process of appointment of fresh judges to the High
Courts in the country but also to choose the best candidates who have
impeccable integrity and solid professional experience.
CJ said that this process of appointment takes some time wherein the
Judicial Commission proposes and scrutinizes each and every candidate
thoroughly and passes on its recommendations to the Parliamentary
Committee. The Committee in turn takes time to further assess and
approved the recommendation of Commission.
The final recommendations are then notified by the competent
authority as per rules. This entire process requires some time which is
necessary for making the most appropriate choices for appointment of
Judges of the superior courts in the country, he said.
This so called delay in the appointment of judges may be frustrating
but it is important to assess the cases carefully and make the right
decision. However, I assure you that no extra time will be taken then
required for making such appointments in the superior courts of the
county.
Chief Justice addressing to lawyers said “You have struggled for
restoration of rights of the citizenries as enshrined in the
Constitution. Now you should continue your struggle for consolidation of
the grounds so far secured. People are looking toward you to not only
provide them guidance and inspiration to achieve their rightful place in
the society but also to provide them with hope for future.”
At the end CJ call upon the stakeholders of justice system to care
for the weaker section of society including women, children, and
prisoners. SANA
