ISLAMABAD: The Supreme Court on Tuesday asked the federal and provincial governments to explain in 15 days how many tribunals or special courts had become non-functional due to vacancies.

“Undoubtedly, a judicial forum is needed to ensure access to justice to the public,” observed Chief Justice of Pakistan Mian Saqib Nisar while heading a three-judge bench.

The court had taken up a suo motu notice that around 20 tribunals or special courts, which were seized with approximately 8,468 cases of different nature, had become non-functional since these were without chairmen.

During the proceedings, the chief justice observed that the apex court may also consider whether any delay was caused by the high courts in nominating chairmen to the respective governments to fill the vacancies in the tribunals and the special courts.

20 tribunals or special courts had become non-functional as they were without chairmen

At the federal level, the following tribunals and special courts are currently non-functional due to vacancies: the Environment Protection Tribunal; Special Court (Offence in Banks); Drug Court Islamabad; Cyber Crime Court Islamabad; Foreign Exchange Regulation Appellate Tribunal; Accountability Courts II and IV-Rawalpindi; Special Court (Offences in Banks-II) Lahore; Banking Courts in Lahore, Gujranwala, Karachi, Sukkur, Larkana; Customs Appellate Tribunal benches II and III in Karachi; Insurance Tribunal Karachi; Commercial Court Karachi; and, the National Industrial Relations Commission Bench in Quetta.

Similarly, another ten tribunals and special courts are non-functional at the provincial level: the Lahore Development Authority tribunal; drug courts in Lahore, Faisalabad, Islamabad, and Multan; labour courts in Sukkur, Bahawalpur and Multan; consumer courts in DG Khan, Rawalpindi and Gujrat, Anti-Terrorism Courts in Karachi, Rawalpindi, Multan and Bahawalpur; Commercial Court Lahore; tribunals for removal of encroachments in Hyderabad and Larkana; and the Environmental Protection Tribunal in Peshawar.

Many of the vacancies in these tribunals or special courts have persisted since December last year.

The suo motu notice was taken on a note, issued by the court’s registrar office, highlighting that access to justice was the right of every citizen of Pakistan and administration of justice was the responsibility of the courts of law for which different special courts and tribunals have been created under the relevant statutes in accordance with Article 175 and 212 of the constitution.

These forums are an important component of the justice delivery system, which play an effective role in the overall governance system of the country, the note said, adding that the tribunals or courts established under different statutes were essential to provide the right to aggrieved persons.

However, the people are unable to get their rights to redress their grievances if the functioning of such courts and tribunals is hampered by the failure of the state machinery to fill the vacancies necessary to run them effectively, the office note explained.

“Prima facie, it tantamount to denial of the right of access to justice to the people as embedded in the legal maxim: where there is a right, there is a remedy.”

Published in Dawn, April 5th, 2017