Chief Justice Mr Justice Iftikhar Mohammad Chaudhry has stressed the need for early and effective implementation of informal methods of resolving disputes under newly devised Alternate Dispute Resolution (ADR) system.
He was addressing as chief guest at a seminar held here, on Saturday, on the subject "Justice For All" organised by the Provincial Ombudsman secretariat in collaboration with the ministry of local government and rural development and United Nations Development Programme.
"This system is also in accordance with the teachings of Islam. Hence, it should be implemented effectively in all provinces without any delay to ensure speedy justice to people," he observed.
The implementation of the system is not aimed at introducing a parallel system in judiciary, but to resolve disputes through arbitration at grassroots level in the shortest period of time, he clarified.
The CJP, however, said there are also some negative aspects of the ADR, which needed to be addressed so that justice should be dispensed fairly and transparently. In this regard, he stressed for further improvement of ADR system and said if the system is implemented through institutions they would be able to provide justice to majority of the people.
He said justice for all is only possible if all the people play their due role in this regard as it is the responsibility of both individuals and groups. "Dispensation of justice is not only the job of judiciary and bureaucracy, but of every individual and institution and 'justice for all' could only be ensured if every body is committed to justice in every matter of his routine life," he observed.
The Supreme Court has introduced a system of public-interest litigation under which the misuse power and authority could be checked and the rights of the poor and destitute people could be secured.
"Dispensation of cheap and speedy justice is the most important obligation of the state and it is the basic right of every citizen to have access to justice," he said, added the basic rights and freedom of the citizens must be ensured at every cost.
Every body is equal before the law and access of every individual could only be ensured to justice if the law is implemented equally and uniformly, he maintained.
Referring to institution of Ombudsman, the CJP said it was established with the aim to ensure provision of justice to those who suffer on account of maladministration on the part of public functionaries. The remedy, thus, provided, is not only inexpensive, but prompt and it is rightly to be said that it is a poor man's court as it strives for the protection of rights of common man without any cost.
Citing the report of Balochistan Ombudsman for the year 2005, he said there were 1050 cases out of which 740 cases were disposed of while 418 cases are in pending, which shows problems of people are being resolved through this institution and masses are getting relief.
The CJP lauded the organisers of the seminar for allowing a demonstration of family members of a missing man during the seminar proceedings for acquisition of justice and said he had directed the Chief Justice of Balochistan High Court to dispose the petition of the aggrieved family at the earliest.
Earlier, BHC Chief Justice, Mr Justice Amanullah Khan Yasinzai informed the seminar about the steps taken by the court for the promotion of informal methods of resolution of disputes and said two Musalihat Anjumans have started working in Quetta and Lasbella in this regard.
He said Balochistan government has sanctioned establishment of seven family courts in the province where female judges would be appointed. Judge Supreme Court of Pakistan, Mr Justice Tassaduq Hussain Jilani, who is also the chairperson of the Supreme Court Committee on ADR, also spoke on the occasion and stressed the need of removing legal, social, financial and other barriers in legal procedures to ensure justice to all.
Highlighting the importance of ADR system, he said the system is successfully being followed in many countries of the world, including the US, Great Britain and China and said that 90 percent cases are decided in America through the same system.
Sindh High Court Chief Justice Mr Justice Sabihuddin Ahmed also spoke on the occasion and said a formal ADR centre has been established in Karachi with the co-operation of Asian Development Bank to resolve commercial disputes.
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