Lahore - Most of the public importance orders of Lahore High Court Chief Justice Anwaarul Haq, who is going to retire on 31st, have not yet been implemented.

The chief justice on 12-12-2018 directed to place the matter of the establishment of registry counters across the Punjab before the LHC’s Administration Committee within a week to amend the relevant High Court rules and orders for the purpose. However, as per LHC Bar Association President Ch Noor Samand and Secretary General Hassan Iqbal Warraich, there was no progress on the issue.

The secretary termed the orders only “lip-service” and said there was no progress for the amendment to the rules and regulations for the formation of registry counters.

The chief justice had sent the application filed by the Punjab Bar Council (PbBC) for the establishment of registry counters to the Administration Committee. The application was submitted to the chief justice, Senior Puisne Judge Justice Sardar Muhammad Shamim Khan and Justice Mamoon Rashid Sheikh by the Punjab Bar Council vice chairman for the purpose amidst protest and lockdown of court across the Punjab province by the lawyers for the acceptance of their demand. The Punjab Bar had submitted the application on behalf of behalf of all the five presidents of district bar associations of Dera Ghazi Khan, Gujranwala, Faisalabad, Sargodha and Sahiwal.

When contacted the LHC president said that the chief had sent the matter to the committee which consists of seven most senior judges of the Lahore High Court. He further stated that three out of the four judges had approved the proposal while registry counters would be formed if the other four judges approve it. He said that one of the four judges was out of the country and the matter would be delayed till his returns. However, the LHC Bar secretary said that the LHC officials had informed him that the AC meeting would be held on December 22 to deliberate on the issue sent by the chief justice. 

Mr Noor Samand also said that the lawyers’ leaders from Sargodha and Faisalabad had withdrawn from their commitment regarding the registry counters at divisional level. Saying Chief Justice Anwaarul Haq will retire on the current month end, he was not sure that the chief justice’s orders would be implemented in letter and spirit after his retirement. He said that after his (chief justice’s) retirement, the matter will be at the mercy of the new chief justice.

The purpose of the registry counters is that the filing of cases in the LHC would be facilitated at the divisional headquarters but the cases would be heard in Lahore after amendment of relevant LHC rules and orders.

Meanwhile, also LHC officials admitted that various Lahore High Court (LHC) orders regarding judicial reforms and welfare of litigants are not being implemented in letter and spirit.

Likewise, while inaugurating evening courts at Judicial Complex on November 9, the LHC chief justice had constituted a three-member committee to prepare a feasibility report for early relocation of the special courts operational in the judicial complex Phase II. The chief justice had sought the report in one week. The issue had been raised by Lahore Bar Association President Malik Arshad while he was addressing the inauguration ceremony.

The LBA president had attracted the chief justice’ attention to the issue saying that the building was built for the civil courts which are operating in apathetic conditions in the old buildings where no proper sanction system was at work. However, he had added, special courts such as accountability, FIA and customs courts had been set up at the Judicial Complex. He was of the view that the federal government had sufficient budget and could easily arrange a building for that purpose therefore the special could be relocated from the current building.

Immediately acting upon the suggestion, the LHC chief justice had constituted the committee seeking a report on the issue in one week; however about three weeks have passed but there is no progress in this respect.

Commenting on the issue, the LBA president and Secretary Sohail Murshad said that they were not aware of any progress on the issue of relocation of special courts despite the lapse of about three weeks.

Talking to this scribe, various LHC officials many Lahore High Court (LHC) orders regarding judicial reforms and welfare of litigants had not being implemented in letter and spirit.

Similarly the Lahore-based courts are still inaccessible to the special persons despite the Lahore High Court directions to all the courts to build ramps or lifts for persons in wheelchairs.

On March 21, 2009, LHC chief justice Khawaja Sharif issued instructions to all district and sessions judges in Punjab and Islamabad to make their court buildings accessible to the special persons. However, ramps have not so far been construction in all the lower courts’ multi-storey buildings in the provincial capital. In addition, some of the lifts especially in the courts set up in Aiwan-e-Adl remain out of order causing inconvenience to the litigants.

In addition, special persons in wheelchairs could not pass walkthrough gates and face difficulties to reach the courts. As the courts’ buildings are not disabled persons-friendly, Chief Justice Anwaarul Haq, who has been connected with the profession for the past 40 years and had worked with almost all sorts of courts and tribunals, also took decisions for the special persons’ welfare.

No access ramps or lifts had been constructed in the courts buildings while most of the lifts remain dysfunctional for the use of handicapped litigants.

However, Mr Noor Samand claimed said that the LHC Bar on its own had arranged wheelchairs on the LHC premises to facilitated special persons.

The chief justice also directed all the district and sessions judges to ensure hearing of the cases of disabled persons on priority basis and their proper care in the courts. He ordered utmost care of the special persons during the process of their litigation across the province. A letter titled, “Rehabilitation of People with Disabilities under the Disabled Persons (Employment and Rehabilitation) Ordinance, 1981” was sent by LHC Registrar Shakeel Ahmad to the district judges for the purpose on the order of LHC Chief Justice Anwaarul Haq.

However, no implementation of the chief jsutice’s orders has been observed in the courts.

When contacted, the LHC Registrar Shakeel Ahmad in presence of an additional sessions judge to oversees the steps being taken by Lahore High Court Chief Justice Anwaarul Haq regarding judicial reforms and litigations’ welfare, admitted that the implementation of the LHC orders need to be implemented expeditiously.

Mr Shakeel also asked the ASJ to email all managements of district judiciary across the Punjab province to expedite the implementation of the LHC orders so as to facilitate the litigants particularly the differently-abled. He blamed the red-tapism for the delay in the implementation of the public interest orders.