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Published 09 May, 2004 12:00am

Adherence to law key to good governance: CJP

ISLAMABAD, May 8: Chief Justice of Pakistan Justice Nazim Hussain Siddiqui on Saturday said nobody was above the law and to achieve good governance, which was a key to progress, strict adherence to the law was necessary.

He was speaking at the certificate-awarding ceremony held on the conclusion of 24th refresher course at the Federal Judicial Academy, Islamabad.

Twenty-three newly promoted additional district and sessions judges from the Punjab and Azad Kashmir participated in the three-week refresher course.

The chief justice said: "Good governance is a key to progress, development and ultimate prosperity and a well organized, efficient and fully functional system of administration of justice is an essential component of governance that plays a major role in ushering in good governance."

He observed that the administration of justice should receive due priority and urgency, adding that delay in dispensation of justice eroded the confidence of the litigant public in the court system.

He emphasized the need for issuing stay orders while keeping in mind the interest of justice and the judges should ensure that this discretionary relief was not misused by unscrupulous litigants. The best way is to decide the main case at the earliest.

He said often the courts at the lower level did not proceed with the cases when they were informed that the matter had been taken to a higher court. This is not the right approach. They must insist on production of stay order from the higher court, he said, adding that unless a stay order was produced before them, the lower courts should not stop their hands and they must go ahead with the proceedings pending before them.

The chief justice observed that the major cause of delay in justice was the frequency of adjournments without a reasonable and genuine excuse.

"It is a very serious issue and must be handled with due diligence," he said.

"Adjournments are sought and granted in routine. Unless the judges and the lawyers make concerted efforts to avoid the phenomenon of adjournments, the goal of expeditious dispensation of justice will remain illusory.

"A judge has to perform his functions undaunted by the difficulties and problems faced by him in his daily life," Justice Siddiqui said.

He said it was true that the working conditions of courts, particularly at the lower levels, were in dire need of improvement.

Our judges do not have proper courtrooms, residences, libraries and other requisite infrastructure. Their strength is inadequate, their dockets are longer, but they are not provided with requisite paraphernalia, he said, adding that litigation was multiplying everyday, but corresponding measures were far behind.

Earlier, speaking on the occasion, the academy's director- general, Chaudhry Hasan Nawaz, said the standard and quality of legal education being imparted at law colleges was not up to the mark. The lawyers, judges, legal scholars and law officers were not equipped with the necessary knowledge and skills.

However, he said the academy was making serious efforts to design and execute its programme in a scientific and systematic manner with a view to maximizing the scope of learning and to influence judicial behaviour for greater efficiency and productivity.

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