Expeditious justice is our priority: CJP

ISLAMABAD: Chief Justice of Pakistan Justice Asif Saeed Khan Khosa Monday said no effort would be spared to provide expeditious justice to the public, which was also a constitutional requirement.

He said this while addressing a meeting of the National Judicial Policy Making Committee (NJPMC) held in the committee room of the Supreme Court. Welcoming the participants, Justice Khosa said being a statutory body the NJPMC had taken up the task to reform the justice sector.

He said establishment of Model Courts countrywide was also part of the task, which had proven successful. NJPMC members including Chief Justice Federal Shariat Court Justice Muhammad Noor Meskanzai, Chief Justice Peshawar High Court Justice Waqar Ahmad Seth, Chief Justice Islamabad High Court Justice Athar Minallah, Chief Justice Lahore High Court Justice Sardar Muhammad Shamim Khan, Justice Jamal Khan Mandokhail, Senior Puisne Judge Balochistan High Court Justice Irfan Saadat Khan, Senior Puisne Judge Sindh High Court Justice Mamoon Rashid Sheikh, Senior Puisne Judge Justice Qaiser Rashid Khan, Senior Puisne Judge Peshawar High Court Justice Aamer Farooq, Senior Puisne Judge Islamabad High Court Justice Allama Dr. Fida Muhammad Khan, and Alim Judge Federal Shariat Court. Dr. Muhammad Raheem Awan attended the meeting.

Sohail Nasir, Director General Monitoring Cell/District and Sessions Judge, Islamabad; and Mr. Hayat Ali Shah, Director General Federal Judicial Academy (FJA), Islamabad attended the meeting on special invitation.

Ms. Humaira Masihuddin, representative of the Asian Development Bank (ADB); and Ms. Valerie Khan, Executive Director Group Development Pakistan (GDP) along with team members also attended the meeting.

Director General FJA Hayat Ali Shah presented “Expeditious Justice Initiative-II” (EJI-II) regarding strategy for establishment of Model Civil Appellate Courts (MCAC) and the “Expeditious Justice Initiative-III” (EJI-III) regarding strategy for establishment of Model Trial Magistrate Courts (MTMC) on the occasion.

He said under the EJI-II, it was proposed that the MCAC may be introduced in all districts of Pakistan. In this regard, the respective high courts may nominate the presiding officers/additional district judges.

Initially, the MCAC would be entrusted with appeals against orders, civil revisions, appeals in rent and family cases. The nominated judicial officers would be entrusted with 100 old cases at a time.

The office would be responsible for scrutiny of appeals at the time of institution for any deficiency. Moreover, the judges would conduct a preliminary hearing for settling all technical and legal issues.

The courts would effect service through modern devices and the scheduling conference will be held on the day the respondent appears. No adjournment would be granted and miscellaneous application will be decided before the final decision except where the disposal merits in the final judgment.

Record in appeals against orders and revisions will not be requisitioned and certified copies would be attached; moreover, the judgment would be announced not later than three days after conclusion.

He further stated that under the EJI-III, the Model Trial Magistrate Courts (MTMC) were proposed to be established in all districts. He said the MTMCs would consist of pre-trial magistrate who would conduct all pre-trial proceedings.

The MTMC shall be presided by a magistrate empowered under Section 30 CrPC in each district/sub division according to workload. The MTMC would be assigned 100 cases at a time and initially only old cases would be assigned although the district and sessions judge may allocate any category of cases.

The MTMC would summarily announce judgment in case of plea of “No Contest” otherwise the trial scheduling would take place. Hayat Ali Shah sought the approval of EJI-II and EJI-III initiatives which was unanimously granted and it was approved that the respective high courts shall nominate judicial officers within two weeks for giving effect to the EJI-II and EJI-III.

Chief Justice of Pakistan and Chairman NJPMC Justice Khosa emphasised that during training the nominated judicial officers may be sensitized with respect to disposal of appeals in-limine, which are not maintainable.

He remarked that the other provinces may also follow the model of Punjab. Chief Justice Lahore High Court said in every district of Punjab, a model court had been operating since 2017, while the Civil Appellate Model Courts were operating since 2018.

Chief Justice Peshawar High Court said more judicial officers would be required for establishment of MCACs upon which Justice Khosa remarked that although recruitment of new judicial officers was a prerogative of the provincial government, the high court could make administrative decisions for making MCACs operational for example in district where there are four or five additional district judges, one of them could be allocated as MCAC in the district which has low number of judicial officers.

Secretary NJPMC apprised the committee in respect of its earlier directions regarding filling-up of vacant posts in the Administrative Tribunals and Special Courts. He presented statistics whereby it was informed that since 31-12-2018, a considerable number of vacancies were still lying vacant in the Administrative Tribunals and Special Courts hindering the dispensation of justice.

The committee directed the secretary NJPMC to approach the federal and provincial governments and convey its concern over non-implementation of earlier directions of NJPMC, which had statutory backing with respect to filling up of vacant posts in the Administrative Tribunals and Special Courts.

The secretary NJPMC briefed the committee about the proposal of the ADB for establishment of Special Courts for Gender Based Violence Cases against Women and Children across the country. He briefed the committee about the implementation plan of ADB for setting up the aforementioned courts.

The committee deliberated upon the issue and resolved that the high courts would be asked to nominate a judge of high court as focal person for Gender Based Violence Courts. Moreover, the high courts may also be asked to nominate a district and sessions judge/addl.

Meanwhile, Chief Justice Islamabad High Court remarked that government ownership was necessary in the shape of requisite infrastructure for the success of GBV Courts. The secretary NJPMC briefed the committee about the action plan submitted on behalf of the GDP regarding establishment of the Juvenile Justice and Child Courts in Pakistan.

He also briefed the committee about the relevant juvenile and child related laws in Pakistan and informed that juvenile courts were operational in Lahore and Peshawar and as per proposal of the GDP such courts require to be established in Pakistan. The representative of the GDP also made a presentation on the need for establishment of Child Protection Courts and also submitted a work plan in this regard.

The representative committed that the GDP would sponsor the infrastructure requirement of Child Courts at the Provincial Capitals, ICT, Mardan and Abbottabad; moreover, the GDP would also provide training to the nominated judicial officers in consonance with the issue.