KARACHI: Chief Justice of Pakistan Mian Saqib Nisar has said that the courts are bound to decide cases without any fear and favour and their decisions should not be seen as ‘inclined to any party’.

The remarks of the country’s top adjudicator at an event on Saturday gain significance in view of the Panama Papers case, involving Prime Minister Nawaz Sharif and his children, being heard by a five-member larger bench of the Supreme Court.

“Every litigant has the right to have justice. Justice should not only be dispensed but it should be seen being dispensed,” CJP Nisar said at the South Asian Association for Regional Cooperation in Law (SaarcLaw) conference at a local hotel.

The conference was held to celebrate the 25th anniversary of the organisation and to remember former chief justice of Pakistan the late Nasim Hasan Shah, who was one of its founding members. Chief Justice of Sri Lanka K. Sripavan, Justice Asif Saeed Khosa of the Supreme Court and lawyers from Saarc member states also spoke. The first session of the conference focused on Justice Shah and the second on the importance of arbitration in South Asia.

Chief Justice Nisar said that it was his top priority to provide affordable and expeditious justice to people.

He said the legal system, like other state institutions, was under threat.

He said a large number of lawyers had sacrificed their lives in last year’s attack in Quetta as an entire generation of them was gone in the assault.

He said he had faith in the principles of freedom and justice, adding that the judiciary had to promote supremacy of law, which was vital for access to justice.

“It is the first and foremost responsibility of the judiciary to dispense quick justice and ensure that no unnecessary delay took place. Affordable and expeditious justice is my priority and priority of my court,” he said.

Referring to the much-talked-about Tayyaba torture case to which the apex court had taken suo motu notice, he said: “Our problems arise from poverty and go beyond a few problems highlighted by the media.”

Talking about jurisdiction of the apex court, he said the judiciary could stop the executive from overstepping its constitutional limits.

In an apparent reference to long-standing disputes between Pakistan and India which required international arbitration, the chief justice said certain important matters involving Pakistan and its citizens were pending at the International Court of Arbitration (ICA).

He said the ICA usually took up disputes between two countries which had their own laws and, as a result, implementation of the international court’s verdicts became a problem.

CJP Nisar advised governments to simplify laws to facilitate people.

In Saarc member states, he said, arbitration had proved an effective tool for dispute resolution.

Referring to traditional panchayat system and tribal jirgas, he said: “This region [the subcontinent] is in fact the pioneer of arbitration. This mechanism is indigenous.”

Arbitration at local level was less expensive, he added.

He praised the presentation of Syed Ali Zafar, former president of the Supreme Court Bar Association, on international arbitration.

He said Saarc presented an ideal forum in which regional states could come together and not only envision but also work for a stronger and stable future for the region. He emphasised on meaningful cooperation between the member states stemming from their historical and cultures ties.

The chief justice stressed the need for promotion of arbitration and said: “Saarc countries have the potential to make this region a centre of arbitration.”

He paid rich tribute to the late Justice Shah, saying he took courageous decisions which would continue to guide his juniors.

Sri Lanka’s CJ Sripavan also shed light on the services of Justice Shah.

Justice Khosa shared some lighter moments of the life of the late Justice Shah and told the audience that he was his father-in-law and he had learnt a lot from him.

Earlier, SaarcLaw President Mehmood Mandviwalla highlighted the successes of the organisation and how the legal fraternity of the region cooperated with each other for over 25 years.

Senior lawyers of the Supreme Court of India K.K. Venugopal and Rakesh Munjal, senior lawyer of the Supreme Court of Nepal Purna Man Shakya, Sri Lankan lawyer J. M. Swaminathan and secretary general of SaarcLaw Mohsen Rashid also spoke.

Sindh High Court Chief Justice Sajjad Ali Shah, judges and a large number of lawyers were present on the occasion.

Published in Dawn January 29th, 2017