CJP terms PIC incident tragic & shocking

Condemning the attack on Punjab Institute of Cardiology (PIC), Chief Justice Asif Saeed Khosa has said that the incident is tragic, unbelievable and shocking and it has saddened the judges as well.

He stated this while addressing one-day conference, organized by Federal Judicial Academy (FJA), on 'Expeditious Justice Initiative - the Way Forward' here at the Supreme Court building on Saturday. The Chief Justice said: "Whatever has happened in Lahore should have not happened." He urged both lawyers and doctors to make efforts to keep the nobility of their professions intact. "We hope and pray that all concerned would uphold the values attached to the legal and medical professions."

He refrained from commenting on the incident, saying as it was sub judice and pending before the Lahore High Court therefore he would not touch on the merits of the case as it might prejudice the stances of different parties. Justice Khosa hoped the incident would also provide an opportunity to introspect and do some self-accountability. "But all I want to place on record is that we all consider as what had happened, should not have happened," said the Chief Justice.

The lawyers in Lahore on Wednesday attacked the PIC reportedly in order to take revenge as two weeks ago some lawyers were beaten in the hospital. The lawyers' point of view is that though FIRs against doctors were registered against, no action was taken against them by the administration.

The December 11 incident resulted in the death of three critically ill patients after doctors fled the wards to escape from the enraged mob that had barged into the hospital, damaged equipment, and broken windows and doors.

The Chief Justice remarked; "Our hearts and our minds reach out to the victims and their families." Expressing satisfaction over Model Courts' working, he said 25-year-old backlog in criminal appeals had ended during his tenure. "Currently, there is no criminal appeal pending in the apex court," he added.

He recalled that on January 18, during the Full Court reference held in honour of former chief justice [Saqib Nisar], "I presented my future plans that Baloch blood in me forces me to do something, something that serves our well being and prosperity."

The Chief Justice said the biggest rebuke faced by the judiciary was what seemed like "the death of trial courts" in Pakistan. "There was no hope left. People were thinking of conceiving a different system altogether. But we thought of doing something to make the system work."

Justice Khosa said that while the possibility of law reforms was there - with 15-20 commissions having been formed in the past on changing the law, the procedure and the court structure - all the recommendations were buried in books.

"We said we won't do it. We will look for ways from within the existing systems, laws, and procedures. The same judges, the same lawyers, the same laws and the same procedures and no extra expense will give new life to a dead system," he said.

The Chief Justice said he found out the reasons for delay in the justice system - especially with respect to criminal trials - and seven to eight factors were identified.

"We give priority to criminal trials because [usually] someone is languishing in jail, having lost his freedom, and someone else who has suffered a loss is awaiting justice. So we thought of how to improve such a system."

"Systems that deliver results anywhere in the world have a continuous trial method. They give you a date - even if it is a year-and-a-half later - but when it (the trial) begins it is seen through in the few days and the judge will have no other case. When one case finishes, another begins," he explained.

"So we thought we will bring such a system. So that people only have to wait up to a certain point and after the set date, they are no longer made to wait."

Justice Khosa said the other fundamental flaw identified for which the "holes were plugged" was the way state cases - cases in which the state is the complainant - are held.

"The state is the complainant so the responsibility of presenting the witnesses and evidence lies with the state. For some time now, this responsibility was delegated to the aggrieved party, who was told to bring forth witnesses," he observed.

The Chief Justice said the complainant then went from pillar to post in search of witnesses but most of the time, none cooperated with him. "One comes and his complaint is recorded, then the case is adjourned for a month-and-a-half." He said in such cases the police and the state must take ownership of such cases and now - after the reforms - it is they who bring the witnesses. The Chief Justice said that in implementing the aforementioned changes, a world of a difference was seen.