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Published 29 Jan, 2006 12:00am

SC to take up issue of Kalabagh: CJP

HYDERABAD, Jan 28: The Chief Justice of the Supreme Court of Pakistan, Justice Iftikhar Mohammad Chaudhry, has said the apex court would look into the dispute over the Kalabagh dam if a case is filed in the court.

He was talking to journalists after inaugurating a newly-constructed civil courts building here on Saturday.

He was accompanied by Justice Rana Bhagwandas, Justice Abdul Hameed Dogar and Sindh High Court Chief Justice Sabihuddin Ahmed.

Replying to a question that the federal law minister had stated the federal government would file a reference in the Supreme Court to seek constitutional guarantee over the Kalabagh dam, Justice Chaudhry said that they would look into the matter if they were consulted.

“A judge looks into a case when it is submitted before him,” he said.

The chief justice said the apex court would take action against the jirga system if a matter was brought to its notice.

He said reforms were being introduced in jails and sufficient work was being done in this sector.

Justice Chaudhry said that free counsel was being provided to destitute prisoners.

He said judiciary was working on women prisoners’ matters in Lahore.

He claimed there were no impediments in administration of justice.

The chief justice said the superior judiciary was making all efforts to provide speedy justice to people and they would soon witness a change.

He said that profile of judges of the superior judiciary was quite fair.

Responding to a question about holding two offices by President Gen Pervez Musharraf, he said that judgement had already been given on it and it could be studied.

Earlier, addressing at the inaugural ceremony of the building, Justice Chaudhry said it was unfortunate that people were not happy with subordinate judiciary.

He said there was nothing more important than to preserve, protect and defend independence and integrity of the subordinate judiciary, which occupied a central place in our judicial system.

“It is your duty to administer justice to people and we are not obliging anyone by providing justice.

“The dispensation of justice to justice seekers should be honest and people should not blame judiciary that it has failed to deliver,” he said.

The chief justice asked the subordinate judiciary to remove the impression that the judiciary had failed to deliver.

He said he knew that the subordinate judiciary was facing problems.

“I try my level best to remove these problems. I can talk to government and chief justice concerned so that judiciary should administer justice without any problem,” he said.

Justice Chaudhry said that under Article 203 of the Constitution, high courts were assigned a supervisory role which should be exercised with friendly attitude.

He stated that only an independent subordinate judiciary would prove to be an asset to the nation. He said it was essential for successful functioning of judiciary that subordinate judiciary was encouraged to think independently.

The chief justice said that in a heterogeneous society where caste loyalties were strong and in poverty ridden and illiterate country where political power was feared and money was worshipped, a threat to judiciary’s independence arose not only from the society but also from the state.

He got emotional when he referred to years when he studied in the Sindh Law College in Hyderabad in 1972-73.

Justice Chaudhry said he used to wear Sindhi Ajrak and cap at that time.

President and secretary of the Hyderabad District Bar Association spoke on the occasion and thanked the chief justice.

Shields, Sindhi Ajraks and caps were presented to Justice Chaudhry and other judges, including Justice Rana Bhagwandas, Justice Abdul Hameed Dogar, Justice Sabihuddin Ahmed, Supreme Court register and some other judges of the high court and session courts.

Head of a development committee, Justice Mushir Alam, presented committee’s report.

He described the Access to Justice Programme as the best programme and said that fifty per cent funds out of Rs800 million had been utilized in Sindh.

He said that out of 30 projects, seven had been handed over to judiciary while other civil projects would soon be completed.

Justice Alam said that court infrastructure was improving and expressed hope that it would help improve judicial discipline.

He received guard of honour in the civil courts building.

He laid foundation stone of annexe of the circuit court of Hyderabad and then visited the Sindh Law College.

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