Nobody will dare to take extra-judicial step: CJP

Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry has said that nobody would dare to take extra judicial step in the country and there only will be rule of law. Speaking at a ceremony on Friday, the CJ said that those who were speculating about such extra judicial steps had narrow thinking and they did so for their own interests. "We will not let any opportunist to take over and no judge will take oath against Constitution," he added.
He said that the judges had decided that no one would cross the lines of law and Constitution. He said that the Supreme Court in its July verdict declared November 3 emergency null and void. Justice Chaudhry said that lawyers had rendered great sacrifices for the independence of the judiciary. "We have proved by our actions as to how there will be supremacy of law," he added.
"I call November 3 emergency not an emergency instead I describe it a martial law," the chief justice said. He said judges pledged that no one would take oath against the Constitution. The CJ said that people trust had increased on the judiciary after its independence.
He made it clear that court verdicts would have to be implemented. He urged lawyers' fraternity to pay heed towards criminal cases as there was prevalent practice of false litigation in the country. The CJ said National Judicial Conference would be held in Islamabad in April this year.
He said after restoration of independent judiciary in March 2009, the first step was taken to gear up the system of administration of justice towards securing inexpensive and expeditious justice at the grass root level. The Judiciary after restoration was facing severe problem of backlog of cases at every level from lower to the superior courts. Number of cases pending in the district Judiciary was much higher as compared to High Courts and Supreme Court. The district judiciary is the backbone of the judicial system of Pakistan.
He said if the District Judiciary delivers to the satisfaction of the people it inspires confidence and earns respect of the people. About ninety percent of the litigants at first stage come in contact with District Judiciary, therefore, the impression and confidence of public regarding the judicial system, is directly dependent upon their experience at this level, he added.
Chief Justice of Pakistan said the delay in dispensation of justice not only causes agony to the litigants but also badly affects the fabric of socio-economic activities. This has been the main issue before the successive law reform commissions and committees set up from time to time, he added.
Iftikhar Muhammad Chaudhry said the National Judicial Policy Making Committee (NJPMC) was established under the National Judicial Policy (Making Committee) Ordinance 2002. Under the auspices of NJPMC the first National Judicial Conference was held in February 2007 in which all the stakeholders of justice sector including the member of the bench and the bar, public functionaries, academicians, members of the civil society and media participated.
The purpose of convening National Judicial Conference was to give a platform to all the stakeholders to present their views so that new ways should be devised for resolving legal and judicial problems. In this Conference many issues pertaining to judicial independence, delay reduction, Alternate Dispute Resolution, legal education, eradication of corruption, time management and court management etc were deliberated. On the basis of these deliberations, after restoration of judiciary in 2009, the NJPMC in its consecutive meetings formulated the National Judicial Policy 2009.
He said after implementation of National Judicial Policy a considerable success was achieved specially in the District Courts. By and large the targets set out by the policy were achieved with proper assistance and co-operation of the Bar. After implementation of National judicial Policy, the NJPMC has convened three conferences, which were attended by all stakeholders, to re-visit the National Judicial Policy and to discuss various issues on the past experience.
"Upon the out come of the conferences the policy was revised accordingly. I remember an instance, when it was reported that cases are decided/disposed of mere on technical grounds. The matter was taken up with Chief Justices of the High Courts. Resultantly, these cases were not only restored but directions were passed to the District Judiciary to decide the cases on merit after providing full opportunity of hearing to the parties, so that justice should not only be done, but should manifestly be seen to have been done," he added.
The CJ said transparency in the functioning of courts and eradication of corruption, in all its manifestation, on the part of judicial officers and officials, is the corner stone of the National Judicial Policy. "Corruption in judicial system adversely affects and lowers the confidence of litigant public in the judicial system. Our wholehearted efforts will come to nothing if the evil of corruption is not firmly checked," the CJ said.
The National Judicial Policy suggested strict adherence to the Code of Conduct by all the judicial officers and officials and initiation of disciplinary action against the corrupt ones. A Cell for Eradication of Corruption from Judiciary has been established under the supervision of Chief Justices of High Courts for disciplinary action against corrupt and incompetent judicial officers and court officials. Complaints are received through the Registrar of respective High Courts.
He said since the implementation of National Judicial Policy so far many disciplinary actions have been taken against those judicial officers and court officials who were involved in such practices. In the province of the Punjab 71 officials were dismissed, two judicial officers and 43 officials were removed, one judicial officer and 10 officials were terminated, seven judicial officers and 32 officials were compulsory retired from the service. In Sindh 29 officials were dismissed, six judicial officers and five officials were compulsory retired from service, similar, major penalties were imposed against six judicial officers and 16 officials. In the province of Khyber Pakhtunkhwa eight judicial officers and six officials were compulsorily retired, two officials were removed and against two judicial officers major penalty were imposed.
He said the number of criminal cases has direct nexus with the capacity of the prisons. "At the movement in the Rawalpindi District about 48373 cases are pending in the Courts out of them 8508 are only criminal cases. While in the Central Jail, Rawalpindi, there are 4939 prisoners instead of its capacity that is 1994. The intensity of this problem can be checked through early disposal of cases. In this regard the role of lawyers is indispensable in terms of providing assistance to the court. Without co-operation from the Bar, the Courts cannot dispose of the cases expeditiously. Similarly, the Bench is also under obligation to provide fair trial and to adopt due process of law to protect and safeguard the rights of the litigants," he added.
However, he reiterated again that additional courts are to be established at the district level where extra judges and necessary staff should be appointed on priority basis to handle the ever increasing institution of fresh cases and stemming the tide of ever increasing backlog. Iftikhar Muhammad Chaudhry said the presiding officers of those courts where cases are relatively low in numbers may be rotated to those courts, which are facing steep rise in new institution and big backlog of old cases. In addition to that there is also an urgent need to impart appropriate legal education to the presiding officers of the district judiciary along with the support staff so that they are professionally well prepared to handle the variety of cases being brought before the courts.