Courts are not powerless

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The judicial system needs to focus on its working

There can be no two opinions about the flaws in investigation and prosecution being among major reasons behind the delay in dispensation of justice. It is widely known that these flaws have provided opportunities to notorious terrorists to seek honourable release from cases filed against them. The courts which are to proceed according to law have no option but to release those against whom the prosecution has failed to prepare foolproof cases. It is quite understandable that with more funds made available to appoint extra judges, the backlog of cases could be reduced making it possible to provide timely justice to people. Few would disagree that overcrowded jails add to the misery of the inmates and create security problems.

The government must bear the responsibility for ignoring the prosecution related problems as well as the plight of the jails. The political leadership is often so immersed in secondary matters that it loses the sight of what ought to be its priorities. What one sees happening in the education sector, now under provincial administrations, is yet another example of the blurring of focus. The PML-N government is so engrossed in its construction projects that it is hardly willing to look after some of the vital social sectors.

But are the courts totally innocent vis-a-vis the flaws in the penal system? Are they powerless to affect the desired reforms? There are many who think that if former CJ Iftikhar Chaudhry, who enjoyed the longest tenure as head of the Supreme Court, had concentrated on providing quick and cheap justice instead of spending time on high profile cases, many problems highlighted by the two judges of the apex court would have been resolved by now. The former CJ, who wielded immense power and even managed to send two prime ministers home, did little to improve the penal system. The judges are most knowledgeable about the system they preside upon. What is more, they are powerful enough to make the government do things when they want to.