Chief Justice (CJ) Iftikhar Muhammad Chaudhry said at the concluding session of the National Judicial Conference here at the Supreme Court on Sunday that the judiciary was often misunderstood to be acting against the measures and steps of the executive, but it was the constitution that had given the important role of regulating the state machinery to the judiciary. The chief justice said winning the confidence and expectations of the public had resulted in a bulk of litigation. He said the delay, although inevitable because of the inadequate strength and capacity of courts, was of great concern.
He said delay in the dispensation of justice was not only a matter of alarm in our society but was a global issue that was not bound by time and place. He said almost all the nations of the world had faced this problem and it might put off the public from approaching the courts to solve their problems. He said the fabric of justice in any legal system was destroyed by delays. He said the judiciary was an important pillar and backbone of the state, and an independent one was a prerequisite for a strong nation. Chaudhry said usually, the law was unable to keep pace with the emerging realities and aspirations of the nation, which necessitated the amendment of laws.
The amendments in substantive and procedural law was not an easy task, he said, as consensus among the potential forces had to be in place, therefore, the National Judicial (Policy Making) Committee (NJPMC) had taken to reforming existing laws to provide inexpensive and swift justice. He said all members of the bench and bar must strictly observe high standards of integrity and morality and take all steps necessary to decide cases within the shortest possible time to minimise the sufferings of litigants. He said the country’s judicial system was constantly exposed to new, complex and multidimensional challenges.
“We are aware that we do not have an adequate infrastructure and the facilities in terms of courtrooms, libraries, trained staff, etc.
We also do not have full and effective utilisation of the information communication technologies in our judicial system, [but] it is not only the system but the man behind the system which plays a key role in its success,” he added. He said judicial officers, with the cooperation of other stakeholders, should take steps for improvement of the court management system under the guidelines issued by the policy.
He said the bar must also come forward by installing court automation equipment for the benefit of its members to march forward in the new era of information technology to speed up trial proceedings in courts.
He said in a democratic society, the bulk of litigation increased with increase in population and better awareness of legal rights. “Since the lawyer’s movement, our judicial system has earned a reputation for great integrity. The public confidence is evident from the increase in litigation. These expectations require more sense of responsibility, both on the part of bench as well as the bar,” he said. Judges of the Supreme, Court, Federal Shariat Court, high courts, lower judiciary, office-bearers and members of bar councils and bar associations of Pakistan and India as well as public functionaries, academics and members of the civil society participated in the conference, which was held under the auspices of the NJPMC.
