Hurdles to justice

THE two-day conference on the implementation of the National Judicial Policy that concluded in Islamabad on Sunday identified some major impediments to the dispensation of justice and stressed the need for changing the public perception about courts through efficient performance and corruption-free environment. It was an implicit admission that these two necessary prerequisites to timely justice were missing from the system. The special emphasis laid on the punctuality of the judges and lawyers to avoid delays and unnecessary adjournments is welcome. So is the directive to the judges to avoid attending public functions and meeting members of other organs of the state. It is in line with an old saying that judges speak through their judgments that can help the courts exercise independence in deciding the cases in accordance with law, rather than under the influence of the Executive. The declaration adopted at the end of the conference rightly pointed out that competence and integrity should be the foremost criteria for the appointment of judges. Chief Justice Iftikhar Muhammad Chaudhry had a point in saying that the judiciary must let the people know that it was committed to their aspiration for living under the umbrella of the rule of law, constitutionalism and effective justice. That desire was demonstrated by people from all walks of life over the past two years by their support of the lawyers' movement for the reinstatement of the deposed judges. The Chief Justice's acknowledgement of the people's resolve to have a fair and effective system of justice notwithstanding, the observations made by him raised more questions than answers. The nation would be justified in asking why the restoration of the judiciary to the 2 November 2007 status has not been able to overcome the issue of inordinate delays in justice. The Islamabad declaration rightly called for providing adequate funds to strengthen the capacity of subordinate judiciary to handle the caseload within the timeframe fixed by the judicial policy. There was also a proposal for removing the judges who took oath under the PCO, who because of their incompetence turned out to be stumbling blocks in dispensing justice. These issues need to be addressed. It is time the judiciary focused on putting its own house in order, as suggested by Justice Khalilur Rehman Ramday who went to the extent of saying that the conduct of judges, including those of the Supreme Court, must be checked and their assets looked into. The need for a competitive salary package for judicial officers and the court staff cannot be disputed, but then the utmost priority must lie in the will to provide relief to the aggrieved who are not only the victims of flawed system of police investigation, but also of delays in the disposal of cases.

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