Cooperation of agencies vital for eradicating ills: CJP
By Admin - Mon Jul 06, 12:47 am
ISLAMABAD: Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhary has said that the cooperation of all relevant governmental agencies is crucial, in not only in eradicating the present ills, but also in achieving future strategic goals.
Addressing at the two-day concluding session of the conference on Implementation of the National Judicial Policy here Sunday, the Chief Justice said, “We need more courthouses, more judges, more facilities, more resources and more commitment to meet the growing needs of the people regarding the justice sector.”
He said that the relevant agencies have pledged their full support in meeting the challenges and they were cognizance of the difficulties faced by the agencies in doing their jobs related to the administration of justice.
“We shall endeavour to harmonize the work of the Courts and related agencies in order to ensure effective implementation of the policy. To this end we call upon the government authorities to fully support the agencies by strengthening their capacity at all levels in order to facilitate the objectives of the policy, the CJP added.
The CJP said despite the problems and the dissatisfaction of the people with the present performance of the system, one must commend the large majority of the nation for having faith in the principles of justice, rule of law and due process.
This enduring faith has sustained itself through periods of violence, undemocratic rule, and the constant hardships, economic and social, faced by the people of Pakistan, he added.
He said the state and its institutions, including the judiciary, were a reflection of the collective aspirations of all the people of Pakistan.
They could not continue forever if they continue to ignore those collective aspirations, he added.
The CJP said they would monitor implementation of the policy, and would also continually work to further the aims of the Committee in collaboration with the Bar and the Government.
Chief Justice Iftikhar Muhammad Chaudhary said, “ July 5 marks a sad day in our constitutional history. This day, thirty two years, ago the country’s fundamental law namely the Constitution was suspended and the democratic process thwarted”.
The Conference after exhaustive deliberations resolved:-
1. That difficulties are being encountered in implementing the National Judicial Policy primarily due to shortage of manpower, load shedding, and the scattered location of Court/Tribunals.
2. Despite the problems, there is a consensus that Bench, Bar and the justice sector-related government agencies are committed to assist in the full and effective implementation of the Policy, even if it requires working beyond the official timings.
3. The efforts of all the stakeholders in the recent clearing of backlog and delay reduction, since the commencement of the Policy were lauded.
4. That there must be scrupulous adherence to constitutionalism, rule of law and independence of the judiciary by its complete separation from the Executive, particularly in respect of Special Courts/Tribunals.
5. Adequate funds are required to strengthen the capacity of subordinate courts to handle the caseload within the timeframe fixed by the Policy.
6. That competence and integrity should be the foremost criteria for the appointment of judges.
7. That all vacant posts of judges be filled on an urgent basis to discourage adhocism in the appointment of judges.
8. That competitive salary packages should be offered to the judicial officers and court staff.
9. Innovative training modules should be developed and implemented for the capacity building of judicial officers for effective case management, mediation and use of ADR etc.
10. That there is a need to prescribe rules for the implementation of mandatory referral to ADR, as provided in the CPC and other laws. Necessary steps should be taken to fully apply and implement the ADR mechanisms such as Musalihat Anjuman in order to reduce the burden on the courts.
11. Judges and Lawyers should be punctual to avoid delays and unnecessary adjournments.
12. The judiciary and the lawyers need to ensure success of the system of accountability.
13. Both Lawyers and Judges should keep a close vigil over their support staff so that they don’t indulge in corrupt practices
14. Public perception about the Courts/Kutchery needs to be changed, through efficient performance and corruption free environment.
15. Court environment should be made more conducive and user-friendly for all concerned.
16. An integrated approach and strategy is needed for closer cooperation on a sustainable basis amongst the judiciary, Bar and ancillary justice sector institutions to meet the goals of the Policy.
17. All participants greatly benefitted from the deliberations and recommended that this Conference should be held on a regular basis.
The Conference was attended by the Judges of the Supreme Court, Federal Shariat Court, High Courts, Subordinate Courts, Special Courts/Tribunals, representatives of the Bar, Federal/Provincial Secretaries, Heads of Prosecution/Investigation agencies, amongst others.