Apropos report on conference held by SCBA in Lahore. Primary obligation of a state is to form a powerful independent judiciary, free from executive control or influence of powerful lobbies, to deliver justice and be seen to be doing it. Perhaps this tradition by the bar to give farewell dinners to outgoing chief justices needs to be reviewed in light of its being used to show displeasure against Justice Jawaad Khawaja, whose sole fault was that he attempted to hamper delay by design of powerful branded lawyers hired by controversial real estate mafia dons.
More important than perceived harmony between the bar and the bench is the delivery of justice to most deprived and weak against cartels of power that have evolved over years of poor governance. What is needed from judiciary is more selective judicial activism to protect state and its citizens from abuse. Should it not awaken those who sit in the corridors of power that a pedophile with political connections, accused of sexually assaulting a poor 8th grade girl of Lahore, aged between 14 or 15, and who is being subjected to harassment, or lawyers are partners with LPG cartels and few on permanent payroll of notorious land mafia dons?
Whatever the follies of former Chief Justice Iftikhar Chaudhry viz a viz his son’s involvement in corruption, his resort to judicial activism was welcomed by masses. The resort to suo motu notice does adversely affect earnings of lawyers, but it helps to alleviate sufferings of the poor victims of gross injustice. A balance needs to worked out and our outdated criminal law and evidence procedures, formed by an occupying colonial power, need to be drastically reformed to provide justice without undue delay by anybody. Judges of superior judiciary need to be more discreet while accepting invitations to attend seminars and conferences, because they are required to give justice even if heavens have to fall.
ANEELA CHANDIO
Sukkur
