Expeditious, inexpensive dispensation of justice first priority of judiciary: CJP

ISLAMABAD: The Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Friday said that expeditious and inexpensive dispensation of justice is the first priority of judiciary and that's why efforts are being made to improve the performance of justice sector institutions.

"Judiciary must be characterized by equality, fairness and integrity in its objective of dispensing justice, as its work is a critical element in the good governance of a state," said the chief justice of the apex court while addressing the participants at the inaugural session of a three-day International Judicial Conference here at the Supreme Court.

He said nevertheless, every system has potential for reforms and improvement to keep pace with the changing times and emerging realities.

"This is done partly through the process of exchanging views, sharing ideas and learning from each other's experiences. We are mindful of this process and for this reason all stakeholders of justice sector are regularly taken on board either through Judicial Conferences or by taking up their suggestions in the meetings of National Judicial (Policymaking) Committee to further improve the process of administration of justice".

He said the Judicial Policy largely incorporated the letter and substance of recommendations of the working groups in the Conference and improvements were made in the trial procedure including non-submission of challan, defective investigations, non- production of undertrial prisoners and other issues having direct bearing on the administration of criminal justice system and stringent steps were adopted to curb the menace of corruption.

"The last year's Judicial Conference proved highly productive and a useful event, due to the active participation of all stakeholders of the justice sector including academia, scholars, jurists, lawyers, and others".

He said it was unique in the sense that media persons, litigants and prisoners were also invited to attend the conference and share their experiences to develop a workable mechanism to further improve the performance of administration of justice.

Drawing attention of the participants towards a recent tragedy suffered by the nation in Siachen Glacier, the CJP said the area was the borderline between Pakistan and India, where last week about 139 Pakistani troops were trapped in the avalanche, whose whereabouts and well being are not known so far.

He requested the audience to pray to Allah Almighty for the safety and early recovery of these soldiers.

Undoubtedly, he said, the world has changed and turned into a global village and most of the countries have joined hands to cooperate with each other in various fields to their mutual advantage.

"There is room for the stakeholders of the justice sector as well, to sit together and explore the possibilities of benefiting from the knowledge and experiences of each other".

"I am confident that this conference will provide a platform to all stakeholders of the justice sector to review, debate and resolve issues being faced in the administration of justice in the light of their rich knowledge and experiences", the CJP said.

During his address, the CJP also mentioned the unfortunate unconstitutional mishaps of our history. He said since 1953 till November 3, 2007, time and again the constitution was abrogated in the name of Martial Law or proclamation of emergency.

He said except for 1972, in Asma Jillani's case, the courts generally validated the unconstitutional actions of a usurper on technical grounds or point of facts.

However, he said the judiciary, on November 3, 2007 passed a restraining order against the November 3, 2007 emergency and ensured the enforcement of the Constitution and the rule of law in the country by delivering a 14-member bench judgment on July 31, 2009. He said the judges, who had taken oath in violation of restraint order, were removed.

Besides, he said, the role of Parliament was appreciable for not endorsing the November 3, 2007 extra-constitutional actions of a former dictator. He said it was for the first time, in the history of our beloved country that the chosen representative of the people, who took their offices as a result of election of February 18, 2008 have, commendably, stayed their hands off and have not sanctified the unconstitutional acts.

He said the apex court has not only imposed restriction on the dictators but members of the judiciary have also been restrained from providing protection to the unconstitutional acts of the usurpers by taking oath under any unconstitutional instrument. He said free, fair and impartial dispensation of Justice is a key principle of Islamic system of governance.

"It is not merely a theory but covers all practical aspects and dimensions of day to day life. It is a divine duty, which requires devotion and sincerity to meet the ends of justice in accordance with dictates of the Supreme Lawgiver".

He said the ultimate object of justice was to ensure equanimity, peace, tolerance and contributing to the welfare of human beings.

He said it is for the first time that Judges/Judicial officers are required to declare their assets and that of their dependants at the time of their induction and thereafter on annual basis. He said the alternate to the formal system of administration of justice is system of Alternate Dispute Resolution, which provides justice in less formal yet efficient manner.

"This system of dispute resolution has earned great recognition all over the world. Keeping in view the potential in delivering inexpensive and expeditious justice, the system of ADR has been introduced in Pakistan in a codified form".

He said the theme of the International Judicial Conference, 2012 was 'there is but one law for all' and if this principle is adopted and applied in true letter and spirit, we can achieve the goals of good governance, democracy, social justice and the rule of law.

"There is no better test of the excellence of a government than the efficiency of a judicial system; for nothing more clearly touches the welfare and security of the average citizen than the feeling that he can rely on a certain and prompt administration of justice", he concluded.