Provision of speedy, inexpensive justice: CJP regrets parliament's lack of cooperation

Judicial system seems not to be on the priority list of lawmakers as recommendations and amendments for improving the judicial policy have not been tabled in the Parliament, said Chief Justice Asif Saeed Khan Khosa. He was addressing a day-long national conference on "Expeditious Justice Initiative" at Federal Judicial Academy here on Saturday. The chief justices of provincial high courts, district and sessions judges, judges of model criminal trial courts, prosecutor generals of the provinces, inspectors general of police, and inspectors general of prisons attended the conference.
Chief Justice Asif Saeed Khan Khosa regretted that Parliament seems to be dragging its feet in acting swiftly to address imbalances and deficiencies in the judiciary. "Up till now we have already sent 70 reports to the Parliament and the Law Ministry but it is unfortunate that Parliament has not been paying attention to legislative matters. Provision of justice is not just the judiciary's job, and the legislature has to do its part."
The Chief Justice noted that the Anti-terrorism Act (ATA) can be applied to anything under the sun. From theft to rape, the law can be applied to any crime in the country. "The Supreme Court created a seven-judge bench to review the ATA and a judgement has been reserved on the matter, so I will not say more - but clarifying the ATA should have been the Parliament's job."
"Why are inheritance claims made on the basis of police reports?" he asked and said that if Nadra was to compile family trees, the people would be able to get claim certificates on the push of a button, eliminating millions of man-hours of court work. The role of police in civil cases is inexplicable. This was brought to the government's notice though the attorney general. The Parliament needs to take a look at the laws created by it.
The Chief Justice pointed out that the courts are overburdened. "We can't tell judges to do more, the amount of work our judges are doing here, no one is doing anywhere in the world. A total of 3,000 judges are appointed in the country. Last year 3.4 million cases were wrapped up by our courts - what more can the judges do?"
"The apex court decided 26,000 cases last year, while the US Supreme Court wrapped up 80 to 90 cases and United Kingdom Court disposes of 100 cases every year," said the chief justice. He said it is the responsibility of every organ of the state to work towards provision of speedy and inexpensive justice to the masses. He said that the day he became a judge, his mission has been to wrap up cases swiftly. "People at the bar councils used to term me and my friends as 'Janoon Group'," he recalled.
He said the initiative of model courts has been taken to ensure delivery of expeditious justice to the people. "Model courts, with a purpose to remove hindrances that cause delay, have been established to ensure speedy justice," he stated. In addition, alternative arrangements shall be made if a plaintiff fails to appear before the court, the Chief Justice said.
"If, for any reason, a case could not be prosecuted, its alternative would be presented," "Provision of justice can be made easier if time is set for cases to be wrapped up," he said. The developed nations follow strict timelines.
He urged the IGPs to ensure that investigations are completed within the given timeframe and then challans are timely presented before the courts. "Police must immediately investigate a case, and submit its challan." The Chief Justice said that under judicial policy, cases would proceed under time-bound criminal trial regimen. He added that the trials are commenced under pre-defined period in Britain and other countries. The Parliament should look over laws to see how judicial review can be made better than before.
He appreciated the performance of judges of model courts. He said the model trial courts will not grant adjournment in order to ensure timely conclusion of cases. At the end of his address, he gave standing ovation to the judges for swiftly deciding the cases.