While chairing the inaugural session of National Judicial Policy Making Committee (NJPMC) meeting on Saturday, Chief Justice Iftikhar Muhammad Chaudhry said the judicial work should be done without fear and favour to dispense justice for needy people.
The Chief Justice also called for bar and bench collective efforts to deliver for serious litigants and emphasised to discourage frivolous litigation in the country. NJPMC meeting was held in pursuance of National Judicial Conference 2011 where in his brief address the Chief Justice asked the stakeholders to observe strictly the provisions of Constitution of Pakistan during administration of justice, adding that ultimately the law will prevail so the right of people should be extended after following the law.
Chief Justice Iftikhar Muhammad Chaudhry categorically pointed out, "I believe there are two classes from which one is serious litigant class and the other who institute frivolous and baseless litigation for ulterior motives." The CJP added that it was unfortunate for one society that the frivolous and baseless litigants do find place in order to get their ulterior objectives who must be discouraged.
"Judicial work should be done without fear and favour," the CJP said. He maintained that it was the collective responsibility of lawyers and the courts to strength the NJP because most supporters of the policy were there, adding that no preferential treatment was permitted by the law and the constitution during the course of dispensation of justice.
The CJP termed the suggestions from members of the bar as well as civil society for NJPMC valuable and important particularly for the cause of justice. Later, the Law and Justice Commission issued a press release which added: The committee reviewed the recommendations of National Judicial Conference, 2011.
The Chief Justice stated that the conference proved a productive event as it was attended by the representatives of all stakeholders of justice sector, academia, scholars, jurists, etc. The basic object of this event was to understand and develop a mechanism to further improve the performance of administration of justice. The CJP observed that the recommendations made by the thematic groups are valuable and would be incorporated in the National Judicial Policy.
The meeting was attended by Justice Agha Rafiq Ahmed Khan, Chief Justice Federal Shariat Court, Justice Qazi Faez Isa, Chief Justice High Court of Balochistan, Justice Ejaz Afzal Khan, Chief Justice, Peshawar High Court, Justice Ijaz Ahmad Chaudhry, Chief Justice, Lahore High Court, Justice Mushir Alam, Chief Justice High Court of Sindh, Mr Justice Iqbal Hameed-ur-Rehman, Chief Justice of Islamabad High Court and Habib-ur-Rehman Shaikh, Secretary, NJPMC.
Chief Justice Lahore High Court said that the cases of those prisoners who were called from Central Jail, Adiala Rawalpindi to attend the National Judicial Conference, 2011, to share their ordeal and highlight the problems which a common prisoner faces in the prisons, were taken over on fast track and within a span of less than one month all the cases have been decided.
The committee was further informed that similarly 10 old murder cases were identified during the visit of Central Jail Multan and instructions have been issued to the concerned District & Sessions Judges for deciding the same on fast track. The Chief Justice of Pakistan appreciated this fact and asked the other Chief Justices of the High Courts to issue such directions to all the District & Sessions Judges to decide old murder cases by taking them on fast track.
The committee took serious note of the non-availability of spacious lockups in the court premises due to which prisoners are being kept in prisoners vans during the scorching heat in summer. The committee observed that this practice is not only against the law but also against all norms of humanity and asked the government that specious judicial lockups (Bhakhshi Khanas) with necessary facilities should be constructed in the Court premises for under trial prisoners.
The committee also considered the issue of convicts languishing in jails for want of payment of Diyat or Arsh, etc, even after serving their entire period of sentence. The committee observed that though the Federal Government has framed rules in 2007 for provision of soft loans to such convicts for payment of Diyat, Arsh and Daman but unfortunately no sincere efforts have been made since then to extend its benefit to the deserving convicts.
The committee asked the Provincial Chief Secretaries to take steps for activation of this fund and for considering the cases of such convicts on first come first serve basis. The committee also urged the government to allocate substantial amount for the said fund so that the poor convicts could be paid soft loan to get themselves released after payment of Diyat, Arsh etc.
The committee observed with sorrow that the Jails are converted into hatchery of criminals and no efforts are being made for reformation of prisoners and their reintegration in the society as a law abiding citizen. The committee urged the Government to focus on moral and spiritual guidance of the prisoners and make efforts for debriefing of prisoners involved in terrorist activities, sectarian killings, etc by involving religious scholars and spiritual leaders.
The committee asked the prison authorities to provide books and other recreational and instructional material for the prisoners. The committee also directed the provincial governments for posting of female lady doctors in the prisons where large number of female prisoners are incarcerated.
The committee also observed that fake and frivolous stamp papers with the connivance of stamp venders are prepared and used for blackmailing the innocents or establishing false claims. The committee took serious note of the situation and directed the Federal Board of Revenue to ensure that government stamps should be sold strictly in accordance with the rules and activate the mechanism of inspection of stamp venders to curb the practice of selling of fake and back dated stamp papers.
The committee took serious note of the deterioration in the standard of legal education system and mushroom growth of sub-standard law colleges and observed that despite lapse of considerable time the Supreme Court's judgement passed in case titled "Pakistan Bar Council vs Federal Government and others" has not been implemented. The Hon'ble Chief Justice of Pakistan desired that the Chief Justice, Lahore High Court may examine existing curriculum of LLB programme in the light of recommendations received during the National Judicial Conference, 2011and submit his finding for consideration of the NJPMC.
The committee also considered the recommendations of National Judicial Conference, 2011 related to Intellectual Property Laws (IPLs) and observed that there is a pressing need to promote awareness about IPLs amongst the general public and stakeholders of the justice sector. The committee asked the judicial academies to introduce this subject in their courses for capacity building of the judicial officers for effective implementation of Intellectual Property Laws.
The committee also considered number of suggestions/proposals received from individuals, members of the Bar and others for reformation of National Judicial Policy, 2009. The committee appreciated that the policy as a whole has worked well and sensitised the people of their rights to approach the court for resolution of their disputes.
The committee observed that those who had criticised the policy in past are now praising it and have realised that it was a sincere effort which has improved the performance of all the justice sector institution in general and particularly the judiciary. During deliberations, it was observed that since the federal and provincial service tribunals have not been given the powers to implement their decisions or take action against delinquent for non compliance of their directions; therefore, government servant despite having favourable decisions have to run from pillar to post for implementation of such decisions. Resultantly they are constrained to file writ petitions before High Court which takes time for decision.
The committee realised the difficulties being faced by the government servants for implementation of orders of the service tribunals and asked the federal and provincial governments to make necessary amendments in the relevant laws to empower Service Tribunals to implement their decisions or proceed against the delinquent for defiance of orders/judgment.
Comments
Comments are closed.