Incompetence of judges delays justice: CJP

LAHORE/ISLAMABAD: Chief Justice Mian Saqib Nasir on Friday said that incompetence of judges was the main cause of inordinate delay in dispensation of justice. They keep on lingering cases instead of deciding them, he regretted.

“Judges are responsible for delay in providing justice to people, despite receiving hefty salaries. Incompetent judiciary, after joining hands with lawyers, was exploiting the poor litigants,” the CJP remarked while addressing a ceremony in connection with the Golden Jubilee anniversary of Supreme Court Bar Association, here on Friday.

Speaking to the audience in a lighter vein, the CJP said he was the oldest member of the bar, as he had been visiting it since seven years of age.

Lahore High Court Chief Justice Muhammad Yawar Ali, LHC chief Justice-designate Justice Anwarul Haq, judges of the SC and LHC and a large number of lawyers attended the ceremony.

“Ongoing criticism of judiciary or judicial system is justified to some extent. We will have to hold ourselves accountable for the better future of our generations,” the CJP added.

"Delay in provision of justice is proving cancerous and it is happening because the judges are not fulfilling their responsibilities," the chief justice said at the event in Lahore. He said that people were crying for justice and dying without getting justice, but they are not getting justice. The judiciary would have to do some soul searching now, added the CJP.

He said judges were perhaps the most highly paid people in the country. "As much as Rs55,000 is spent on a judge daily from the national exchequer." But they don’t justify it, which causes delay in disposal of cases and people start mistrusting judiciary. He said he was putting this question to all judges whether they justify Rs55,000 per day as far as performance was concerned. He said (it would be painful for him) if he failed to set his own house (judiciary) in order.

Relating the details of his meeting with the judge of a special tribunal, the CJP said he asked him why didn’t dispose of a particular case. He said he was overburdened and, therefore, could not decide that case. “When I asked him how many cases he disposed of on that particular day, he kept quiet. When I asked him how many cases were disposed of by him in the whole month, he said 22 cases. (That was quite unsatisfactory performance as) I may be disposing of 22 cases daily,” added Mian Saqib Nisar.

He also quoted a saying of Caliph Hazrat Ali’s letter toMalik Ashtar that a “society can survive with kufr (infidelity), but not injustice”.

Pakistan had not been gifted by someone, rather it was created with scarifies of thousands of people. We should respect it, he remarked. The chief justice said he would have been working only as a junior bank official or a junior lawyer, had Pakistan not been established.

He further said that those securing such coveted posts should be grateful to this country. “We have earned this country with great sacrifices not through some charity,” he said and added, “Only the fortunate are gifted with a blessing known as freedom.”

He said that there was a need for introspection within the judiciary on streamlining the justice delivery system. He pointed out that someone made fun of his idea of “Baba Rehmatay. “Judiciary’s role is also like Baba Rehmatay (a wise man) and the Bar is part of it.

“I have experienced such lawyers as well those who had never lied in the courts. A system based on lies would collapse. We should think what we are paying back to the country. The judges should dispense justice with due diligent and vigilance.

“Our civil laws have become obsolete; they should be changed or amended drastically. We cannot live on the contract made in 1872.” The chief justice said that unfortunately today the basic rights of citizenship and ownership are not secured for the people of Pakistan. "People like Mansha Bomb are involved in land grabbing. I was unable to find solutions to the issues which I had taken up," he said, adding that the reason behind taking notice of such cases was to create an awareness.

He said the judiciary wouldn’t intervene in matters which fall under the jurisdiction of other institutions and authorities if the latter fulfill their responsibilities. "I hope that the government plays their mandated role so that the judiciary doesn't have to take action," he added.

The chief justice said that decisions will be as according to the Constitution irrespective how big the business group is present before the judiciary. “The judiciary only intervenes to safeguard and protect the basic rights of people, when other institutions are not doing so,” the top judge added.

Relating the incident of his visit to a private hospital where a mother told him that her child was under treatment in that hospital and the bill had reached 10 million rupees. She said she had no more money to get treatment for her child but how could she tell them (doctors) to let him die. What should I have told that helpless mother? Isn’t the state responsible for medical cover to all its subjects, the CJP asked.

The CJP said children were dying in Mithi (Tharparkar-Sindh) due to malnutrition, and “I must call them shaheed”. When the Supreme Court takes suo motu notice of such incidents, objections are raised over it. “If such cases don’t fall under the category of human rights and fundamental rights of Pakistanis,” asked the chief justice.

The chief justice regretted disparity in treatment of patients coming from different segments of society. He said he met a patient in a Karachi hospital, who was suffering from cancer, but not being provided proper treatment. There was another patient who had been paralysed and lying unattended on a hospital bed. On the other hand, added the chief justice, a man with piles was admitted to the best hospital of Karachi for treatment. “This is not (only) disparity but a violation of fundamental rights,” remarked the CJP.

Stressing judges to dispose of pending cases on priority basis, Justice Nisar said there wouldn’t be a backlog of cases if all courts fulfill their responsibilities. “I urge the judicial officers to work tirelessly to give the judiciary it’s rightful, dignified status,” he said, and added that the system needs to be modernised in line with the advancements of the present era.

“There’s no one superior or supreme before the law; cases must be decided purely on merit.” On the missing persons’ issue, the top judge said that he had tasked heads of the top intelligence agencies to determine the whereabouts of those people.

He said we asked overseas Pakistanis to send money and in return illegally occupied their properties instead of being thankful o them. Ultimately he is compelled to file a case in civil courts and it takes decades which, according to CJP, was violation of fundamental rights.

The CJ regretted that he asked again and again for suggestions to amend the civil laws, but no satisfactory response was given by lawyers. CJP also presented himself for accountability and said anyone could question him on all issues relating to him.

Concluding, Justice Nisar called upon the judges to work with uprightness, credibility and integrity in dispensing of the pending cases.

CJ Mian Saqib Nisar termed the mutilated bodies of the missing persons as “extrajudicial killings” and vowed to conduct a ‘judicial inquiry’ if an application is submitted on appropriate forum.

“It had never been done in the history of Pakistan that he had summoned the DG ISI, DG MI, IGs of four provinces, Rangers DGs of four provinces and IB head and given them a task to provide him the details of the missing persons, saying why are they missing?

“Where they have gone, if they are not in your custody? Then submit your affidavits, so that action could be taken against you if your affidavits are proved incorrect,” the CJ said in response to a query put by a female lawyer that “no justice had been dispensed to the litigants of Balochistan missing person, which are pending for the last 15 years.

Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar Friday said the process of accountability (Ehtesab) had begun and now all judges would face it. This observation from the country’s top judge came during the hearing of a case concerning the Lahore High Court’s supervisory role over the lower courts.

The chief justice said the Supreme Judicial Council (SJC) was very active at present and now no judge violating the judges’ code of conduct would be spared. Zafar Iqbal, counsel for the petitioner, submitted that subordinate courts were not deciding cases within the stipulated time.

At this, the chief justice asked the counsel for the Punjab government if it meant their dissatisfaction with the supervisory role of high courts. The chief justice said the other day when he asked the judge of a subordinate court in Muzaffargarh about the number of cases he had decided, he replied that he had decided 22 cases in one month.

“On the contrary, we decide 22 cases every day,” said the chief justice. The chief justice questioned if the high court had asked that judge about the slow pace of cases. “People are complaining that subordinate courts are not working and speedy justice is not being administered to them”, he remarked.

“Now the judges who don’t render their professional obligation would be taken to task for violating the code of conduct,” he warned. The chief justice asked as to why the caretaker committees, constituted by high court were not monitoring performance of the subordinate judiciary.

The chief justice said Bench No 1 of the apex court had so far decided 7,000 cases, adding that the cases forwarded by the Human Right Cell of the apex court were not included in the count.

The chief justice observed that everybody liked perks and privileges but nobody was serious about rendering their jobs. Later, the court summoned the Lahore High Court registrar in chamber and adjourned further hearing for date-in-office (indefinite period).