ISLAMABAD: Chief Justice of Pakistan (CJP) Yahya Afridi has conceded that the widespread complaints of enforced disappearances “jolted” him but said he wants to “hear the other side” as well.

In an interaction with court reporters on Monday, the CJP said he received complaints about missing persons during his visits to different parts of the country.

“During my visits to Ghotki [Sindh], Gwadar [Balochistan] and Sadiqabad [Punjab] … members of Bars highlighted the serious issue of missing persons,” the CJP said while speaking to a delegation of the Press Association of the Supreme Court (PAS).

The CJP said the prevalence of these complaints “disturbed” him and was a “jolt” to him.

Says cases of enforced disappearances are high courts’ domain; announces financial aid plan for less privileged litigants

However, he told the bar members that he wouldn’t respond to them immediately on the subject or give any decision unless he “heard the other side” too.

The CJP also said the issue of missing persons was the jurisdiction of high courts under Article 199 of the Constitution and that the Supreme Court would not interfere with the authority of subordinate judiciary.

Complaints against judges

Justice Afridi conceded that a number of complaints against different judges were pending before the Supreme Judicial Council (SJC).

On a suggestion that people should know against which judge the complaint has been disposed of by the council to help reclaim his respect, the CJP said he would respond to the proposal after sharing with the council.

When asked about perceived acrimony amongst SC judges, he said the court heard “tough cases” during the last three or four years where judges “took positions”.

However, he expressed optimism that the situation would improve. “After all, we judges are brothers. It’s a fraternity.”

“Give us six months. Let judges breathe. It will end bickering,” CJP observed.

Financial aid programme

While sharing his vision to improve the justice system, the CJP talked about empowering the judges of district judiciary, especially those in the remotest areas, by acknowledging and recognising them.

“Being the Supreme Court chief justice, it is my responsibility to provide the civil judges opportunities.”

“In the future, no superior [court] judge will attend international seminars or conferences without taking along with them judges of the district judiciary too,” the CJP said.

He vowed to send abroad the best judges from the farthest places.

The CJP also intended to provide monetary support to litigants in district courts who cannot pay for their cases.

He said the Law and Justice Commission of Pakistan (LJCP) would soon finalise a project to provide litigants with a decent representation in district courts free of cost.

When asked whether the attempt will not coincide with the Law Ministry’s programme of supporting different Bar Associations, CJP Afridi said the law division may provide financial assistance, but the present programme was inde-pendent of it and targeted towards the district judiciary.

High courts and district courts will suggest cases to LJCP that deserve free representation, he said.

“We will take small incremental steps to ensure the justice system delivers.”

The CJP said the Supreme Court had engaged the Federal Board of Revenue and Chartered Accountant Massey Ferguson to help categorise taxation cases and expedite their disposal.

The court was also trying to develop a mechanism to deal with urgent appli-cations by constituting dedicated benches to deal with election matters, criminal cases, etc.

CJP Afridi said every judge of the Supreme Court was independent and each disposes of case in their own way.

The judges “should not be bracketed” rather criticised in a constructive manner.

The chief justice compared the court to the Titanic ship, saying it cannot be [turned] suddenly. The delivery of justice can be improved by changing the direction of the top court, he added.

Published in Dawn, January 14th, 2025

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