Addressing the audience at the concluding session of the International Judicial Conference 2012 here at Supreme Court auditorium, the CJP said the conference had recommended that the judiciary recognizes that its primary duty lies in interpreting and implementing laws and not in the governance of society which may come about only as an ancillary effect of its decisions.
"It is further recommended that the superior courts articulate a consistent and clearly defined doctrine of judicial review so that depending on the nature and context of the rights involved, relevant standards of review may be applied".
He said that it has also been proposed that a Code of Conduct may be devised for judicial officers and also be strictly enforced. In dealing with complex commercial issues it is suggested that the judiciary relies on and utilizes expert knowledge and opinion so that a more informed verdict may be reached.
The CJP, who started his speech with a passage from the speech of the first Caliph of Islam, Abu Bakar (RA), said that this gives us, in sum and substance, the role of the governance system in any society governed, not by men, but by laws.
"If every person in authority in any branch of government follows this model in letter and spirit, most of the grievances now forming subject matter of protracted litigations in our courts would not be coming into existence at all and the people would be enabled to avail their rights and entitlements in the ordinary course, and not having to undergo the ordeal of seeking redressal of their problems and difficulties".
Declaring the formal proceedings of the International Judicial Conference, 2012 coming to an end, Iftikhar Muhammad Chaudhry expressed gratitude to all the participants, especially, the eminent delegates from foreign countries, who had attended the Conference, having taken time out of their busy schedules, as also the trouble of long journeys.
"No doubt, the justice delivery system not only in Pakistan, but the entire world over is confronted with the issues of pendency of cases and backlogs, and consequential delays in dispensation of justice".
He said the conference has provided a wonderful platform and a unique opportunity to the prudent and judicious minds of the judicial and legal fraternities to sit together and come up with suggestions and solutions, which should be something close to panacea for all ills and difficulties afflicting the system of administration of justice.
"The role of judiciary like other organs of the State is crucial in achieving the dream of a peaceful and prosperous life on this planet. Role of the lawyers in any society is very prominent. It is no exaggeration to say that the lawyers have been at the forefront in every democratic, legal and constitutional movement," he added.
Indeed, he added, no movement can achieve its objectives without the support, confidence and aspirations of the masses.
Recalling the lawyers' movement of the recent past, the CJP said when a military dictator had attempted to subvert the Constitution and made the Judges of the Superior Courts dysfunctional and put them under house arrests along with their family members, the lawyers' community came forward and launched a historic movement for the maintenance of rule of law, independence of judiciary and the restoration of the Constitution.
"Their movement, in collaboration with an active media and an informed civil society; played a pivotal role in the restoration of the Judges and the Constitution. I salute the lawyers, the media personnel and the members of the civil society for their heroic struggle and the sacrifices made by them in preserving and protecting the Constitution and upholding the rule of law".
He said the lawyers' movement had increased the honour, dignity and prestige of the profession of law, which is apparent from the fact how people are idealizing the black coats' profession.
"It is pertinent to mention here that this success has brought the system of administration of justice under an increased pressure to deliver to the litigant public and the masses. This added burden is to be shouldered primarily by the Bench and the Bar, which are the two proverbial wheels of the chariot of justice".
Undoubtedly, he added, the judiciary can administer justice with the cooperation and support of the members of the bar. The Bench and the Bar have to endeavour individually and collectively to achieve the common objective of expeditious and inexpensive dispensation of justice, he maintained.
"In order to ensure inexpensive, expeditious justice and to improve the working of judicial sector the National Judicial Policy was formulated by National Judicial (Policymaking) Committee in consultation with the judges, lawyers and professionals of other related agencies".
The main features of the National Judicial Policy included the independence of Judiciary, eradication of corruption, reduction of the backlog at all levels of the judicial hierarchy, he said.
The CJP said the lawyers enthusiastically responded to the initiatives taken by the judiciary to expedite the trial proceedings.
"The Policy was reviewed and reformed from time to time and the members of the bar were always consulted and their point of view reflected in this document. In future, further improvements will be brought, taking into account their valuable views and suggestions".
Calling for an urgent need to create additional posts, which should be promptly filled, Iftikhar Muhammad Chaudhry said the strength of the appellate courts also needs to be increased.
"I would like to point out that under clause (4A) of Article 199 of the Constitution, an interim order passed by a High Court in a case relating to assessment or collection of public revenues ceases to have effect on the expiration of a period of six months and the High Court is required to finally decide such matters within the said period of six months from the date on which the interim order is made".
However, he added, it is observed that despite the aforesaid constitutional clog, such matters continue to linger on for longer periods of time on one pretext or the other without any extension having been granted by the competent court.