PESHAWAR: Chief justice for positive criticism of judiciary
“There is freedom of expression but criticism has to be constructive and aimed at betterment of the institution,” the chief justice said while addressing members of the Supreme Court Bar Association here at a reception on Friday. He was on visit to Peshawar to inaugurate the library of the SCBA in the Supreme Court’s Peshawar registry premises.
Justice Chaudhry said that during the last one year the apex court had met numerous challenges, particularly the backlog of cases, and now case disposal was on the high side.
He said that the number of pending cases was still alarming; it should not be more than 8,000 in any case. He said at the Peshawar registry a bench continued to work even in the vacations, still about 1,100 cases were pending. He said a bench would resume hearing cases in Peshawar from Oct 2 and would continue according to the requirement of the area.
The CJ urged people to come forward with evidence if they find a judicial officer corrupt and the concerned high court would take action against such officer. There was tendency among some organisations to paint bleak scenario and level allegations of corrupt practices which were often not backed by evidence, he said, adding: “There is system of rule of law; we can’t hang an officer or dismiss him merely on the basis of allegations.” He said media had been playing constructive role in revealing agonies of people at the hands of law enforcing agencies and judiciary.
Personally, the chief justice said, he was not satisfied with the performance of subordinate courts; there were delays in disposal of cases and there were also some incidents of miscarriage of justice.
He said the Supreme Court had devised a system and established a complaint cell to ensure that all judgments of the superior courts were implemented. Authorities found reluctant to implement Supreme Court’s orders would be dealt with strictly, he added.
The chief justice said that he received 40 complaints against subordinate judicial officers and forwarded them to the respective high courts which were taking action. The Sindh High Court initiated action against corrupt judges and six of them were compulsorily retired. The Balochistan High Court, he said, also dismissed one corrupt judicial officer while the chief justices of the Peshawar and Lahore High Courts were also taking similar steps.
Responding to the speech of the SCBA’s president Malik Muhammad Qayyum that the duty of the judiciary had been increased in the prevailing situation in the country, Justice Chaudhry stated: “We are bound to decide each and every case in accordance with our conscience, the constitution and law and there should not be any doubt about it.”
The chief justice praised efforts of the SCBA and its president Malik Qayyum to enhance understanding between the bench and the bar and suggested that the association should establish a centre of excellence for research work by lawyers.
Earlier, Justice (rtd) Malik Muhammad Qayyum and vice president of the SCBA Saeed Akhter delivered speeches.
Malik Qayyum said that Pakistan was facing great dilemma and according to some people the very existence of the federation was in danger. In this situation, he said, people pinned all hopes in the judiciary.
He dilated upon various steps taken during his tenure for welfare of lawyers.