Job description of Chief Justice

Writing the job description (JD) of the Chief Justice of Pakistan (CJP) was a daunting task. As Chairman, Pakistan Science Foundation (PSF), I personally supervised the implementation of ISO 9000 Quality Management System (QMS) in the foundation.

As PSF had a trained team to build QMS, free services were offered to important government departments. In the year 2005, the Supreme Court of Pakistan (SCP) accepted the offer and work started on ISO 9000 QMS certification of the highest court of the land.

The dismissal of the CJP Iftikhar Chaudhary followed by the Lawyer’s Movement in the year 2007 caused major disruption of the programme. It was indeed an interesting experience. As a child growing up on the Mall Road very close to the Lahore High Court (LHC), I spent a lot of time roaming around in the courtrooms to observe judges in black robes and white wigs.

The Supreme Court was also located here after the capital was shifted from Karachi. Had the opportunity of meeting prominent legal minds like A.R. Corneulis, S.A. Rehman, Hamood-ur-Rehman, Sardar Iqbal, Mahmood Ali Kasuri, M. Anwar and the brilliant Manzur Qadir to name a few.

The CJP is the Chief Legal Manager of the country. While sitting on the bench he presides over the court, during his time in office he is required to manage the entire legal system of the country. From a management standpoint, it is perhaps the most difficult position.

It is a transition from dispensing justice to managing the entire legal network. The Chairman of PSF is also expected to perform multiple roles. As Chair of the Board of Trustees (BOT) he is responsible for policy formulation, then as head of the Executive Committee he exercises administrative authority assisted by Members Science, Finance and Secretary of the Foundation.

He then approves and funds projects with the help of subject specific committees of experts. It covers the entire ambit from policy to implementation to funding. As the first Chairman from the private sector, I was well-prepared for this role, which needed a technocrat to lead multiple teams. Confusion prevails till today over understanding the importance of ‘Subject Specific Managers’. CJP is a serious and challenging management position for which most lawyers and judges are not prepared/qualified.

Historically, the most outstanding CJPs came from the Indian Civil Service (ICS) who did not have law degrees. They came to the bench through the administrative management route instead of the bar. Justice A.R. Corneulis is remembered and revered for his innings, both as a member of the bench and then CJP.

He even had the courage to dissent in the famous ’Maulvi Tamiz-ud-Din ’ case. The legendary Justice M.R. Kayani also came from the ICS cadre to head the West Pakistan High Court. He stood like a rock against the first usurper. I remember a famous incident when a teargas shell landed in the premises of the LHC. The Inspector General of Police (IGP) was summoned for contempt of court.

The IGP had to personally appear in the court and apologise for the misconduct of his department. The brilliant legal mind, Manzur Qadir, decided to step down within a few months as Chief Justice of West Pakistan High Court as he considered himself unfit for the rigours of the position.

He returned to the bar by shunning his position on the bench. He continued with his private practice till the end of his journey. There were other heavyweights who preferred advocacy to sitting in judgement. A.K. Brohi, S.M. Zafar, M. Anwar, Hafeez Prizada, Mahmood Ali Kasuri, and my childhood friend Makhdoom Ali Khan all made their name through effective pleading of cases.

Then there are two streams of appointments in the higher judiciary. Those who come through the system are more grounded in running various tiers of the legal framework. Direct appointees are usually more qualified and academically sounder but usually out of touch with ground realities.

The lower judiciary is in shambles with overload of cases with lack of facilities. Even basic amenities like public toilets, parking and waiting areas are non-existent. Now even the higher judiciary is under pressure with backlog of cases. Use of technology is undefined.

Even mobile telephones ring during court hearings and legal proceedings. Very few jurists are elevated to the position of CJP with prior experience of heading High Courts, which clarifies the management challenges faced in running the legal system.

The Lawyers Movement of 2007 seriously dented the legal decor and discipline. Battle of words and arguments has been replaced with use of force. Even judges are intimidated in their own chambers. Lawyers do appear in courts dressed as gentlemen in black coats, but their tenor does not match their uniform. With these kinds of challenges, the CJP has a difficult task at hand.

The legal issues are understood and covered, while management side continues to be weak and overlooked. After my own transition from a technical expert to a technocrat, I have been promoting curriculum changes to include subject specific management courses in various disciplines, including ‘Management of Legal Institutions’.

For such a difficult position, the selectors must be up to the mark to understand the nuts and bolts of the job, which covers dispensation and deliverance of justice while managing the entire legal system of the land. Before the enactment of the 26th Amendment, a seniority rule was followed, which has now been done away with. The focus should now be on those who will select the CJP. Their understanding, background, vision will be tested.

The JD of the CJP can assist the selectors in selecting the ablest for the most difficult position in the land of the pure, or let the seniority principle prevail.

Copyright Business Recorder, 2024