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Published 02 Jun, 2008 12:00am

KARACHI: Committee mulls judicial reforms

KARACHI, June 1: The National Judicial Policy Making Committee, consisting of all the chief justices of the country, will consider measures to streamline the working of courts as the backlog of cases at every level ‘is a matter of grave concern for all of us’, Chief Justice Abdul Hameed Dogar told a gathering of judges and lawyers here on Saturday night.

Speaking at the certificate awarding ceremony of the 48th batch of civil judges and judicial magistrates imparted pre-service training by the Sindh Judicial Academy (SJA), he said that on average one civil judge had more than 4,000 cases on his file and 150 to 200 cases were assigned to him by the daily cause list. There were only three or four persons on the staff of a civil judge or even of an additional district and sessions judge. “Cases have piled up over decades, particularly because of the rising trend of litigation, with more and more people coming to courts for the resolution of their disputes. There is greater awareness in the people now of their rights and greater determination to safeguard the invasion of these rights by individuals or the state. Ways and means have to be found to clear the backlog and cope with the increasing quantum of litigation”, the CJ said.

Earlier at the outset, former Supreme Court judge Salim Akhtar, director-general of the SJA, said the academy, which had been training judicial officers since 1992, had now become a centre of excellence. New courses on information technology and the English language had been introduced to improve the efficiency of civil judges and judicial magistrates. The faculty had been expanded with the inclusion of retired superior court judges and senior lawyers. He requested the CJ to consider inviting judicial officers from the province to the Federal Judicial Academy.

The CJ appreciated the proposal and observed that the interaction among judicial officers from the various provinces at the federal academy would greatly enhance their practical knowledge and experience. The duration of training courses, the CJ said, should be considerably increased to bring them at par with the officers in other branches of the government. More judicial officers should be spared for training for longer durations to ensure capacity building.

The ceremony was attended by acting Chief Justice Azizullah M. Memon of the Sindh High Court, SHC senior puisne judge Munib Ahmed Khan, Justice Nadeem Azhar Siddiqui, Justice Ali Sain Dino Metlo, Justice Mahmood Alam Rizvi, Justice Khalid Ali Z. Qazi, Justice Syed Pir Ali Shah, Justice Rana M. Shamim, Justice Arshad Noor Khan and a number of retired superior court judges, including Justice Zahid Qurban Alvi. Lawyers and judicial officers were also present in strength.

The CJ assured the judicial officers that there emoluments would be further raised and the requirement for trained and qualified staff would also be examined. The judges should ensure that files were being maintained properly and satisfactory service was being provided to the litigant public. There should be an exchange of views among the judges in order to find solutions to problems within the existing framework and available resources. The judicial officers should be punctual and disciplined so that the decorum and dignity of the judiciary was maintained.

The CJ said the position of a judge, whatever his rank, carried with it a unique honour, dignity and prestige. Simultaneously, it was saddled with a most onerous and sensitive responsibility. It represented the highest form of authority and was accordingly burdened with the highest responsibility. They were required to decide controversies wherein two or more parties fight tooth and nail with one another. Each one was determined to defeat the other. Each was ready and willing to adopt all means to win. Witnesses and evidence were produced and services of lawyers were hired to ensure success. Even the simplest issues were thus tried to be complicated, he said.

In such a complex situation, the CJ added, the judge was called upon to find the truth and sift out the grain from the chaff. This delicate and complicated exercise could be undertaken only by men possessing qualities of head and heart. They had to be learned in law and capable of ascertaining facts in order to apply the law to them. They had to be men of integrity to settle disputes fairly and justly. He said he hoped that the newly appointed judges would prove worthy of the demanding task.

The CJ said that under the tenets of Islam, dispensation of justice was a duty cast upon all believers. It was not confined to courts alone. Provision of justice was a constant and perpetual responsibility from which no deviation or distraction was permissible, Justice Dogar said.

He said the district courts were the backbone of the judicial system. They were the courts of first instance and the courts of initial resort. Most of the cases not only began there but also ended up there. The provision of inadequate facilities would not relieve the judicial officers of their duty to administer justice to the best of their ability. They had to discharge their duty honestly, diligently and efficiently. He was trying to ensure that the working conditions were improved. Salaries were being enhanced and judicial complexes as well as residential buildings were coming up fast across the country under the Access to Justice Programme and the Public Service Department projects. The judicial officers should, therefore, concentrate on their work without worrying for improvement in their working conditions, the CJ said.

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