Chief Justice Iftikhar Muhammad Chaudhary has linked the rule of law a touchstone for attracting foreign investment and reminded his colleagues in the judiciary and the law enforcement agencies that a nation plagued with anarchy and chaos would be repulsive to foreign financiers.
The existence of the courts and their independent functioning, the Chief Justice added would not only satisfy the citizens but also provide protection to the foreign investors.
Such guarantees, he pointed out in an address to his colleagues as well as the legal fraternity at the opening of new Judicial Year assembly here on Monday, would make the citizens loyal, patriotic, a cohesive and integrated force to defend the ideological and geographical frontiers of the country.
Those would also, he declared, bear a direct link with the attraction of foreign investment. In this context, therefore, the chief of the nation''s highest judicial forum, reminded his audience, the courts have to play another important role from "this angle as well".
The new judicial year opening assembly held in the First Court Room under Chief Justice Chaudhary was attended by 13 of the 17 judges. While two positions have become vacant, two judges were on leave. With the retirement of Justice Hamid Ali Mirza on Tuesday the bench will be reduced to 14 serving judges until the President, at the recommendations of the Chief Justice, fills the vacant positions.
COMPLAINTS OF DELAYS: In his opening address, Attorney General Makhdoom Ali Khan spoke of the complaints of delays in dispensation of justice that, he pointed out, were common from the level of civil judge to the last court of appeals and posed numerous challenges.
But the problem, Khan said, could be tackled by efficient use of modern technology, by lumping of cases raising common questions like the tax, rent and service matter and a large number could be disposed of by common judgement.
Adoption of a strict policy on adjournments, irrespective of the party (including government) or the status of counsel, monitoring of files through computers and grant of priority for hearing to cases that were more than three years old and classification of the cases as mentioned above would expedite the average disposal speed, he added.
He disfavoured lengthy orders on requests for leave to appeal to save time for "more carefully crafted decisions" and also encouraging parties for alternate dispute resolution methods.
The First Law Officer of the Supreme Court also proposed that judges take a second look at their jurisprudence and discourage cases seeking ouster in arbitration matters, on the grounds of "misconduct", as it was a more expensive form of litigation. He suggested that the judges not sit in appeal on work of arbitrators as it repudiates the process an alternative and expeditious remedy.
PLEA TO BAR: Speaking in his turn, Qazi Muhammad Jamil, President of the Pakistan Supreme Court Bar Association, hoped that despite "the corrupt and inefficient" among the court''s administrative staff and a "savagely obtrusive executive", the capable team of judges, led by a youthful and energetic captain, will be able to deliver justice to "victimised and bewildered citizens".
He also commended the efforts of the new Chief Justice to "better the management of court work" but at the same time called upon the Bar to help reduce the time constraints on the court.
Observing that limitation of "our activities within the frontiers of the Constitution by every organ of the state" will reduce political and judicial crisis, he urged the confidence building for the judiciary within its own fort would be essential for the sustenance of civil society.
In his observations, Hafiz Abdul Rehman Ansari, vice-chairman of Pakistan Bar Council, underlined the need for merit and integrity as the sole criteria for appointments to the judiciary.
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