LAHORE – MIAN DAWOOD - The deadlock between the federal government and Lahore High Court on filling vacant posts of judges at banking courts in the Punjab is increasing the miseries of litigants, it is learnt.
According to statistics available with this scribe, there are fifteen posts of judges of baking courts and banking crime courts at six various districts, but only six are performing their duties. As per rules, only a district and sessions can be appointed as judge of the banking courts.
Shockingly, there are five posts of judicial officers in the provincial capital, but all were waiting to be taken.
A judge Khaild Pervez was performing his duties in baking courts of the Lahore, but he had been stopped from doing his work reportedly due to an inquiry initiated against him over the allegations of misconduct, an insider says. Three other posts of the banking court were already lying vacant for months.
Likewise, Safadar Salim had been appointed as judge to hear cases at court of banking offenses after a period of six months, but he performed here for three months only and was again transferred in last October, the insider says.
“About 25,000 cases are pending before the banking courts of Lahore only,” he said.
The statistics further disclosed that one post out of two at Gujranwala and Faisalabad each were vacant, while two posts of judicial officers out of three were facing the same situation.
Adding to that there was one post of judge in Rawalpindi and Bahawalpur district and both posts were filled.
A senior official of LHC told this scribe that the chief justice had in August forwarded recommendations of many district and sessions judges for their appointments at banking courts. But, he said that the law ministry raised objections by saying these judges had been posted at some other courts before the approval which was disgraceful for the executive.
Besides this controversy, the official said on anonymity, that the sessions judges don’t wish and like to work as trial judge in banking courts, and managed to get their early transfer from there.
The issue of Saturday holiday was another cause of increasing the miseries of the litigants who come to attend their hearings at banking crime courts from remote areas of the province.
No work has performed on Saturdays at banking courts as the judges, who fall under control of LHC, remain on duty while the administrative staff goes on holiday because they were employee of law ministry of federal government observing two holidays in a week. Interestingly, the administration of both–LHC and law ministry–has completely failed to settle this minor issue of holiday.
The LHC official mourn about the shortage of sessions judges in Punjab but the legal fraternity, who represents in banking cases, do not agree with the excuse.
Talking to TheNation, President Banking Courts Lawyers Forum Mohammad Younis Chaudhary and General Secretary Zahoor Ali claimed that the litigants were not responsible of tussles among the LHC and the government and that it was only the duty of the executive and judiciary to dispense speedy justice to the public. The lawyers maintained that there was no space of lame excuses by the judiciary and executive. Criticizing the National Judicial Policy (NJP), they said that the policy was creating problems for the public instead of benefiting it.
Earlier, retired judges were appointed in banking courts, but now this has been banned after NJP. “If there was shortage of sessions judges in the judiciary than why the appointment of retired judges was stopped”, the lawyers questioned.
They had asked so many times to LHC chief justice to solve the deadlock over the issues immediately, Zahoor said. He warned if the vacant posts would not be filled soon the lawyers would be compelled to launch protest campaign.
He pointed out the shortage of judges were exploiting and humiliating the poor litigants as their cases were fixed daily for hearing but adjourned without any proceedings. “They not only have to bear additional expenditure by coming to courts with the hopes of decisions on their cases, but also disbelieve over the dream of independence of judiciary and speedy justice”, said Zahoor.
Talking to Nation, Registrar LHC Sardar Ahmad Naeem said the ice was melting and the high court was waiting.
“We are expecting the deadlock will end soon,” he said. He said that the ministry delayed the approval of the recondition sent by the high court that led to the transfer of the session judges at some other required and necessary posts. He said that the high court could not afford to keep the judges waiting for approval.
He said that the transfer and posting of the judges in the subordinate judiciary was the constitutional right of the high court.
“Under Article 204, the high court is supervisory and controlling authority of the subordinate”, Naeem says.