Justice for all

CHIEF Justice Iftikhar Muhammad Chaudhry has rightly observed that the existing laws are sufficient enough, but require proper implementation and if they are followed properly, this will automatically streamline the system and provide justice to the people. Addressing the National Judicial (Policy Making) Committee, which concluded its two-day deliberations on Sunday with the Chief Justices of all the four High Courts and the Federal Shariat Court attending, he said the national judicial policy was being prepared to eradicate corruption from the judiciary. The meeting endorsed the Chief Justice's proposal that 2009 be declared the "Year for Justice for All" and resolved that no chief justice or judge of any superior court would become acting governor of a province or hold any public office in future. This is in line with the principle of the separation of judiciary from executive as clearly enunciated in the Constitution. The need for following this principle was never felt so strongly in the past as now. The committee has met at a time when the nation looks forward to the superior judiciary playing an effective role in revamping the nearly dysfunctional judicial system with delays in the disposal of cases being characterized by corruption and incompetence especially at the level of lower courts. There has been no significant improvement in the working of the subordinate judiciary in Punjab when it comes to clearing the huge backlog of cases or providing speedy justice to the poor litigants, despite substantial financial incentives announced by the provincial government for civil and sessions judges. The argument that quick disposal of cases can be ensured only by making the police submit complete challans without delay cannot be disputed. Granted, the police need to be reined in. But what about civil litigations involving property and other disputes? Why do they take so long to decide with litigants not getting justice in their lifetime? The committee has very rightly asserted that a former judge of the Supreme or High Courts should not accept any office of profit in the service of Pakistan before the expiry of two years after his retirement. At the same time the moral binding on a retired judge for not accepting an ex-cadre post lower than his status, like that of banking or customs court or the federal or provincial services tribunals, would keep them from compromising their dignity while they are on the Bench. But in its endeavour to attain independence and exercise its authority, the committee need not lose sight of ensuring quick justice to the people.

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