Former judges asked not to seek re-employment

In his maiden speech on the commencement of New Judicial Year (NJY) 2011-2012, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Monday advised the former judges of the superior courts to shirk from running after re-employment, as the perks and privilege after leaving the job are sufficient to make both ends meet with dignity.
Besides, the CJP emphasised on adhering to the Constitution of Pakistan, which, he said, is the genuine document to guarantee fundamental rights to citizens sans caste and creed putting aside favour and fear. Attorney General for Pakistan (AGP) Maulvi Anwar-ul-Haq and President Supreme Court Bar Association (SCBA) Asma Jahangir also spoke during the ceremony which was also attended by a large number of senior advocates of Supreme Court (SC), advocates and advocates on record.
On the occasion, the chief justice cited Article 207 of the Constitution of Pakistan, saying said that it bars judges of superior judiciary from re-employment before the expiry of at least two years after retirement.
"I should, therefore, expect that in keeping with the higher standards and decorum of the institution, the retired judges, who hold posts or positions which are impermissible under the Constitution will review their position and relinquish the same to uphold the principle of independence of judiciary," the CJP added. In the present national scenario, the chief justice said the successive constitutional deviations were meaningless except creating hurdles in march towards political stability and national integrity, adding that their national salvation lies in strictly following the Constitution and observing the rule of law to nurture good governance, accountability and fair play.
The CJP said before implementation of the National Judicial Policy, on 1st June, 2009 about 18 lac cases were pending in the SC, Federal Shariat Court, High Courts and District Courts but this figure has been reduced to 14 lac as on June 30, 2011. However, he said that about 56 lac new cases were instituted in the above-mentioned period, of them more than 60 lac have been decided.
Keeping in view the statistics, it appears that some 17 percent cases are pending in the superior courts whereas 83 percent in district courts. Alongside the disposal of cases, the campaign to sort out corrupt judges and staff is also continued unabated and the High Courts dismissed and disciplined quite a few judicial officers, mostly the senior ones as well as court staff.
While highlighting the achievement of Federal Judicial Academy (FJA) the CJP said that during the year FJA organised 26 training programs for 558 judges, court officers and officials, law officers and training of trainers participating from all over Pakistan, Azad Jammu & Kashmir and Gilgit-Baltistan.
AGP said that the constitution guarantees the independence of judiciary and prevent interference by the executive in the affairs of the judiciary, but the judicial independence must operate within the constitutional domain.
President SCBA, Asma Jahangir, said the public interest litigation (PIL) is a valuable tool, which could be used to empower the vulnerable and the disadvantaged, adding that PIL should neither become an 'unruly horse' nor applied selectively. She said most petitioners in PIL cases are professional litigants rather than public-spirited individuals or organisations. About the PCO judges Asma Jahngir said they have paid price for lack of judgement or integrity, adding that the bar is justified in supporting the dismissal of PCO judges. But, she said, they couldn't stigmatise these individuals for life. "We must on no account encourage persecution of anyone at the bar," she added. Regarding the recent appointment of judges to superior courts, she said there was almost consensus at the bar that these slots were filled flouting the merit.