CJP links Pakistan’s prosperity to rule of law

ISLAMABAD: Pakistan Chief Justice Umar Ata Bandial Saturday said the vision of a prosperous and progressive Pakistan is based on the rule of law and supremacy of the Constitution.

Addressing the concluding session of the 9th international judicial conference, he stressed ensuring that courts were made equally accessible to all citizens of Pakistan, irrespective of their gender, religion, race and economic status. He also encouraged the judiciary and legislature to develop ADR facilities and procedures, and to promote their use amongst litigants to ensure inexpensive and expeditious dispensation of justice.

The Chief Justice also informed the participants of the setting up of a National Judicial Automation Unit, approved by the National Judicial (Policy Making) Committee, to help develop a national online dashboard for creating an integrated information system for the judiciary. The first phase of the project will centralise the data/record of cases pending in all courts on one website. The second phase of the initiative seeks to implement data sharing with other stakeholders in the justice sector.

The CJP also referred to the Federal Judicial Academy’s initiative of launching an e-campus by the end of this year to hold training workshops and certification courses online for all stakeholders in the justice sector. The Chief Justice emphasized the need for stakeholders in the criminal justice system - the police and prosecution - to improve their performance, and coordination with each other to reduce crime. He also urged members of the judiciary and legal community to make efforts to enhance their capacity, legal knowledge and performance. He called for ensuring the involvement of women in decision-making processes in various organs of the state. The Chief Justice called for efforts to effectively eradicate gender-based violence, along with other formal and informal biases that women face, both at workplace and home. He also stressed the need to counter problems related to population growth and climate change on a priority basis as the issues were ravaging Pakistan at present.

The Chief Justice placed great emphasis on the need for all stakeholders in the justice sector to come together to improve the quality of justice dispensed by courts. He encouraged the use of training sessions for the police and prosecution to increase conviction rates and reduce crime.

He suggested that district judges partake in training sessions to learn about amendments and developments in the law and that performance audits be made mandatory in all levels of the judiciary to assess gaps in legal knowledge so that steps could be taken to address them. “Similarly, bar councils and associations should play a more proactive role in enhancing the legal knowledge of advocates to improve their quality of work,” he added. The Chief Justice said that the Supreme Court of Pakistan was committed to protecting the marginalised groups directly affected but the legislature and executive must also do their bit. “It was only through the collective resolution of the stakeholders in the justice sector that Pakistan can become a nation in which the rule of law, democracy and respect for the Constitution thrive,” he maintained.

Addressing the conference, senior Supreme Court Justice Qazi Faez Isa said that a girls’ school in Swat came under a terrorist attack but “we are negotiating with terrorists.” He said that according to a report of an international organisation, the girls’ school remained closed for five years, adding that several educational institutions had been blown up during that time. Justice Isa questioned as to who had given the permission to negotiate with terrorists and on whose request were we negotiating with them?

He asked the federal and provincial governments to stop giving cars to judges, bureaucrats and military officers. “Poor people are contributing their share to the government treasury, but they walk on foot or ride a bicycle and that the saved amount should be used to build bike paths, footpaths and public transport,” he suggested.

The senior judge of the Supreme Court said that failure to follow the teachings of the Holy Prophet (PBUH) was the root-cause of our problems. “Our faith teaches us respect for women as it is also commanded in the Quran but we are negotiating with terrorists.”

Referring to the devastation caused by recent floods, Justice Isa said that a large part of the country was inundated and the government needed to take practical steps to deal with global climate change instead of looking at the world for help.

Meanwhile, a participant diverted his attention to a Research and Legal Law Directorate established at the General Headquarters (GHQ) for constitutional and international issues. “Why the judiciary was not coordinating with the Centre”, the participant asked. Justice Isa replied that he was unaware about the centre but said that he was ready to help if the army wanted. He said that if they wanted coordination on constitutional and international issues, then they could invite him or anyone for it.

Addressing the conference, Justice Ijazul Ahsen said that courts could provide facilities pertaining to socio-economic problems but stressed the need for making legislation for introducing alternative dispute resolution. He said the system would be a source of help for investors, adding that instead of courts, business disputes could be resolved through the system. He said that except Balochistan, legislation had been made in other provinces whereby major disputes were being resolved through intermediation. The judge said that in KP, even criminal disputes were being resolved through the system, adding that an awareness campaign should be launched in this regard.

Justice Jamal Khan Mandokhel, another judge of the Supreme Court, said that although much was being said about the backlog of cases but no one knew the reasons. The judge said that the absence of digitalization was the major reason whereby the ratio of pending cases was increasing.

Islamabad High Court Justice Babar Sattar said that voice was being raised for regularising the social media to discourage fake news, however, it could not be blocked for mere criticising someone or having a difference of opinion.