ISLAMABAD: Chief Justice of Pakistan Asif Saeed Khosa has described the storming of the Punjab Institute of Cardiology (PIC) by a group of lawyers as “tragic, unbelievable and shocking” but at the same time expressed the hope that the incident would provide an opportunity to the medical and legal fraternities to introspect and do some self-accountability.

Speaking at a conference titled Expeditious Justice Initiative (EJI) — the Way Forward at the Supreme Court building on Saturday, the CJP said as he knew the matter was sub judice and pending before the Lahore High Court, he would not touch on the merits of the case. “But all I want to place on record is that we all consider what had happened should not have happened,” CJP Khosa observed, reiterating that it was very “unfortunate and tragic”.

He said: “Our hearts and minds reach out to the victims and their families and we hope and pray that all concerned would like to uphold the values attached to legal and medical professions. I have always believed that law and medicine are the noblest of professions. We should be mindful of the great values attached to both professions and therefore should make every effort to keep intact the nobility attached to these professions.”

The chief justice observed that the entire affair was tragic, unbelievable and shocking, but as they say behind every tragedy, there is an opportunity. “So this unfortunate and tragic incident also provides us with an opportunity to do some introspection and to do some self-accountability,” he added.

Says gaps in dispensation of justice plugged through continuous trial method and by making state responsible to ensure production of witness

CJP Khosa expressed the hope that better sense would prevail not only in this particular incident and its aftermath, but also in all future actions.

Referring to the model courts performance, the CJP appreciated that a total fine of Rs1.42 billion was imposed on convicts by the model courts and a major portion of that fine was deposited in the government treasury. Between Oct 15 and Nov 30, 2,738 cases were compounded, a sum of Rs1.3bn was paid or agreed to be paid, and cases were decided, he said.

During the short span of 11 months during which he served as the CJP, he said, he had made a commitment that their efforts would not be allowed to go to waste. The Baloch blood running in his veins encouraged him to do something good for the people, especially against the background when assertions were being made that the judiciary had become dysfunctional and there was no hope left for any improvement in the system, the chief justice recalled.

But adjudicators did not lose hope and decided to find ways in the existing legal procedures without putting an extra financial burden on the national exchequer to bring reforms, he said, explaining that the reports of 15 to 20 law commissions constituted for legal reforms had already been accumulating dust. He said reason for delayed dispensation of justice was found to be the rollover system of cases, which was finally replaced with the continuous trial method.

While attending to the rollover system of cases, a trial court had to hear 40 to 50 matters of different nature a day, the chief justice told the conference, which was organised by the Federal Judicial Academy.

The CJP said the continuous trial method was introduced through model criminal courts, which decided dates of hearing with the mutual agreement of all parties in advance so that no adjournment had to be granted after the beginning of trial, the chief justice added.

This systematic and structured system discouraged the old rollover method, the chief justice observed, adding that the second fundamental change to plug the delays was to ensure that it was the responsibility of the state and police to ensure the presence of witnesses in every case related to the state.

Earlier, Expeditious Justice Initiative (EJI) Director General Sohail Nasir said there were 465 model courts working in the country and the judges and magistrates were performing and delivering according to their best skills and abilities.

“The results are not less than miracles,” he said.

The chief justice later awarded certificates to the judges of the model courts.

Published in Dawn, December 15th, 2019