HYDERABAD: Asma Jehangir, president of the Supreme Court Bar Association, has criticised the Supreme Court's verdict in the PCO judges case.
Addressing members of the Sindh High Court Bar Association and Hyderabad District Bar Association here on Wednesday, she said: “Police use third degree treatment but some people are doing it in the judiciary with their pen. This pen embodies the trust of the nation and it should not be used for settling personal scores and rivalries.”Ms Jehangir was commenting on the verdict which the Supreme Court had announced earlier in the day, rejecting intra-court appeals of judges who had taken oath under the Provisional Constitution Order and asking the government to issue a notification of their dismissal.
“I don't want to see justice stifled. Although he was a PCO judge, yet we supported the chief justice when he was sacked. We believed that if a dictator was allowed to ride roughshod over the judiciary this time, he would just bury the institution the next time,” she said.
Ms Jehangir said that decisions based on a feudal and 'panchayati' mindset would not work any more.
She said she wanted to reform bar councils and associations. There was no legal aid system which was primarily the bar's responsibility, adding that amendments to the registration act and defender's law were needed.
Referring to a demand for appointment of judges from Sindh, she said sarcastically: “You are not being inducted as judges because you have talent.”
She said a strategy of 'jalao' and 'gherao' appeared to be working for induction of judges. “We have to reform this institution,” she added.
The SCBA chief acknowledged the leadership qualities of Chief Justice Iftikhar Mohammad Chaudhry and admitted that he was receptive to her criticism.
However, she said, she had reservations on some matters pertaining to case management that had badly affected lawyers in the apex court. “They don't get the cause list until Friday.”
Lawyers of Karachi pass on cases to their colleagues in Islamabad because they cannot shunt between the two cities. “Lawyers are told at 4pm that the board is discharged,” she said.
She said senior lawyers complained that the situation was affecting their health and people had to wait for so long for interim relief that it became ineffective.
Ms Jehangir alleged that judges were interested in 'big cases' that led to a 'mela' in courtroom. “We are not interested in fanfare. Lawyers have to take care of their clients, practice and offices.”
She said she had refused to recommend lawyers for appointment as judges, adding that it was the judges' responsibility to find candidates and evaluate their ability because lawyers appeared in cases before them.
She regretted that those who were deemed to be having integrity and ability during the lawyers' movement were now being treated as incompetent and dishonest.
She said courts in Malakand were not being made functional for want of judges. “The judiciary will have to find judges among ourselves. There is no other way out.”
The SCBA chief said she had received messages from under-trial prisoners entreating her to do something to get judges posted in courts so that their appeals could be heard.
She said she wanted to know the formula for elevation of judges. “In the SHC (Sindh High Court), a woman and a minority community judge were shown the door on flimsy grounds,” she alleged. “The woman was relieved on a complaint by her stenographer.”
She called for making the judiciary representative of different ideologies.
Ms Jehangir was also critical of disposal of complicated constitutional petitions through short orders.
She said that she had not spoken in defence of those who had been recommended by the judicial commission because they had not been selected on merit. But the court allowed a constitutional petition relating to the appointments with a short order, for reasons to be recorded later, she said. “How can you assume the authority of parliament and dispose of the matter with a one-liner?” Judgments should have detailed reasons, she stressed.
Ms Jehangir expressed disapproval of the recent in-camera briefing to parliament on the killing of Osama bin Laden and said she could bet that the resolution adopted by the parliament would never be implemented.
Ms Jehangir also participated in a procession organised by the Human Rights Commission of Pakistan, visited the Mirpurkhas and Nawabshah district bars and offered condolences to the family of slain lawyer leader Ali Mohammad Dahiri in Nawabshah.
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