Chief Justices of the South Asian Association of Regional Co-operation (Saarc) have resolved to find out and introduce innovative changes in management and operation of the courts and to redefine the work patterns of the judiciaries to ensure speedy disposal of cases.
The eight-point Karachi Declaration, issued on Sunday and finalised on the eve of the Seventh Chief Justices Conference held at Karachi Sheraton on Saturday, has taken notice of delay in the disposal of cases and need for strengthening the rule of law as the immediate need of the courts.
The issuance of declaration also coincided with the closing of the three-day 10th Saarc-law Conference "Leap forward - Next Generation Laws", which had brought together more than 400 delegates comprising judges of the superior judiciaries, leading practising lawyers, academics and members of the civil society from the Saarc countries at one platform to deliberate on legal issues concerning the people of the Saarc region.
The signatories to the declaration are Chief Justice of Bangladesh Mr Justice Syed J. R. Mudassir Husain, Chief Justice of Bhutan Mr Justice Lyonpo Sonam Tobgye, Judge, Supreme Court of India Mr Justice R. C. Lahoti (on behalf of the chief justice of India), Chief Justice of Maldives Mr Justice Mohammed Rasheed Ibrahim, Chief Justice of Nepal Mr Justice Govind Bahadur Shrestha, Chief Justice of Pakistan Mr Justice Nazim Hussain Siddiqui and Chief Justice of Sri Lanka Mr Justice Sarath N. Silva.
The declaration recognises that merit, selection of competent and independent judges and establishment of judicial academies for institutional capacity building should be given due consideration.
The declaration is not without suggesting that need for amendments in the judicial service rule are overdue.
Collaboration among the judiciaries of the seven countries has been seen in the declaration as a prerequisite for improved co-operation among the legal fraternity of the Saarc countries.
THE KARACHI DECLARATION SAYS THAT THE CHIEF JUSTICES RESOLVE, DECLARE AND UNDERTAKE THROUGH THE KARACHI DECLARATION:
a) to strengthen the rule of law and recognition of merit in our countries by providing effective judicial support to the efforts aimed at curbing malpractice, malfeasance, corruption, favouritism and discrimination in any form;
b) To make concerted and collective efforts to exterminate, root and branch, the chronic malady of delay in the disposal of cases by introducing innovative changes, including changes in procedures aimed at improving management and operations of the courts of the Saarc countries and re-define the work patterns of our judiciaries for optimal utilisation of the resources so as to keep pace with the increase of litigation;
c) To evolve mechanism that ensure positive co-operation and support of the bar in regulating hearings and accelerating the process of administration of justice through collaborated and co-ordinated efforts;
d) To ensure selection of competent and independent judges;
e) To ensure assessment and analysis of workloads of various courts and take appropriate remedial measures, including increase in the number of courts along with requisite infrastructure;
f) To establish judicial academies, or strengthen the institutional capacity of academies already in existence, to improve the professional competence of the judges for improving dispensation of justice;
g) To emphasise the need for amendments in the judicial service rules to make induction level training necessary for such duration as may be suitable to the jurisdictions concerned and to link promotions with successful completion of in-service training;
h) To bring about collaboration of the judiciaries of the region with the judicial academies to plan and develop seminars for training in management, planning and research to foster interaction, co-operation and exchange of knowledge and information amongst various judicial institutions.
The judges in the declaration have said that they all share the common aspirations of people of the Saarc region to live together in peace, freedom, justice, social and economic and concerted efforts should be made to achieve these desires.
They said, "Recognising that the attainment of ultimate goal of a just society is possible only with the establishment of rule of law.
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