Lacunae in justice

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The outgoing Chief Justice Lahore High Court has pointed to many a lacunae, that exists in our judicial system, where procedures, rules, regulations and practices conceived in the 19th century dominate and the pace of work schedule has failed to adapt itself to the crying needs of 21st century.

Months elapse before authentic copy of judgment is given to victims of injustices.The magnitude and complexity of problems has arisen along with an ever expanding population growth, but the mindset of those entrusted with powers to decide fate of men seeking justice has failed to synchronize with demands of time and the propensity of injustices that an archaic tribal feudal society unwilling to hold themselves accountable before laws of natural justice and rights of individuals given to them under constitution.

When justice, established under law, is denied to men and women based on technicalities advocated by highly paid branded lawyers, credibility of judicial system and expectations from it, raised by movement of restoration of judiciary suffer a blow.

We live in 21st century, yet master slave concept survives in a country which calls itself democratic and Islamic. For an ordinary citizen seeking justice but with limited resources to fight a long battle, it is shocking to find out that a lesser settlement offered to him before a judge of a high court does not have sanctity of a judicial order and if its implementation is not done, than the court does not consider it to be contempt of court.

Instead of giving justice based on fundamental rights and judgments of Supreme Court, even senior citizens of this country, are denied emoluments due to them, by state owned corporations, abusing their powers of discretion, who continue to deny them, although they have expressly promised to pay all outstanding dues.

On paper these senior citizens can seek justice by once again going to lower courts, where by the time justice may be given to them, in most probability they would be six feet under- ground.

The present Chief Justice of Pakistan has himself passed judgments ordering that those laid off on mandatory retirement schemes on whims of a management in violation of Last In First Out principle must be paid all that is due to them as if they were in service till their age of retirement, but some courts fail to follow suit.

MALIK T ALI

Lahore

1 COMMENT

  1. Lahore High Court needs to explain the delay in case of Nafees Khan the teacher who was brutally tortured by the goons of Aslam Midihana and his powerful family which includes PAC Chairman Nadeem Chan and Fed Minister Gondal. Why this delay? Is justice becoming a victim of technicalities in our High Courts, while lower courts are riddled with corruption.

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