‘Decisions in line with Constitution can strengthen Pakistan’

KARACHI – Decisions made in accordance with the Constitution of Pakistan and the rule of law could strengthen the State and its economic, social and political system, said Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry on Saturday.
Speaking to the newly elected office-bearers of the Karachi Bar Association (KBA) after administering them oath at the Sindh High Court (SHC), Chaudhry said that if two institutions of the country – Revenue and Police – perform their duties conscientiously, then many problems could be solved without approaching the courts.
He said that compared to the superior and apex courts, the number of cases pending in the district judiciary is much higher. Ninety percent of the cases are pending in the district courts, whereas 10 percent in the high courts and the Supreme Court, he added.
After the implementation of the National Judicial Policy in June 2009, 3.1 million cases were decided in a year, whereas 2.6 million new cases were registered in the courts in the same period, adding to the backlog of cases pending adjudication. Complaints regarding quick disposal of cases cannot be ignored. According to Article 37(d) of the 1973 Constitution, it is the responsibility of the State to provide inexpensive and expeditious justice. Although many efforts have been made time and again to improve the justice delivery system, they have not been very fruitful. It is essential that all stakeholders – judges, lawyers, litigant parties and the court staff – cooperate in this regard. A comprehensive policy has been devised to make judges independent so they could perform their duties without any influence, political or otherwise.
“Chief justices and judges of the superior judiciary have agreed not to accept any executive post, no matter how high the post may be. The Constitution obliges the executive to separate the judiciary from the executive,” the CJP said. He said that many judiciary officers were removed from executive posts and deputed to perform judicial functions. If any judicial officer is now appointed to perform a duty in the office other than the judiciary, such an appointment would be deemed as illegal, he added.