Will have to dig a little deeper
It was commendable on the part of Chief Justice Anwar Zaheer Jamali to take note of the shortage of competent judges with sound educational grounding and proficiency in English language. The problem is however not specific to the lower judiciary alone. Here and there it is reflected in the judgments delivered by the higher judiciary also. There is a need on the part of the government to take note of the CJ’s observations and undertake the much delayed but badly needed reforms in the educational system aimed at producing graduates capable of dealing with contemporary challenges. In fact the problem is not confined to the lack of knowledge of the English language alone. Equally important is to improve the quality of the curriculum being presently taught in educational institutions which falsifies history, promotes narrow-mindedness and intolerance instead of a balanced and enlightened outlook.
One would readily agree with the CJ that the rule of law has to be the main focus and the role of judiciary is of utmost importance in establishing it. There are two major problems that stand in the way of the enforcement of the rule of law. The first is the rampant corruption in lower judiciary which continues unchecked. When verdicts are sold instead of being delivered in accordance with well-defined and established laws this constitutes a blatant negation of the rule of law. The basis of the denial of justice is laid with a defective system of crime investigation which helps the wealthy and the powerful. The second hindrance in the way of the rule of law is delay in the deliverance of justice which as the adage goes amounts to denial of justice. This shakes the common man ‘s confidence in the normal judicial system and provides the extremists grounds to mislead the people into demanding outmoded parallel courts which are incapable of dealing with crime in modern industrialized societies. The Supreme Court needs to recommend measures to make the judicial system more honest, efficient and responsive.
Hon CJ Pakistan is the second CJ calling the spade a spade. The first was former CJ Pakitan Ch Iftikhar who had said that courts (specially the lower) are corrupt. One regular columnist of The Nation, Saad, a lawyer himself, had pointed out flaw in ' appointment of Judges'. Judges or Police Officials 'appointed' are mostly blue-eyed boys of the appointing authorities. They, therefore are under obligation to serve their masters. Like the situation in Karachi/Sind Police – in particular. L&O control handed over to Rangers and one IG removed under orders of SC for not performing well. These are some of the reasons, besides gross corruption, why no improvement in Judiciary of Police. I may be excused for any crossing the red-line.
Once again no mention of the most criminal minded and totally uneducated community with a criminal mindset of our legal system; the Lawyers. Its an embarrassment. A black coat is a certificate to commit murder if needed. No question asked. I have seen law enforcers ( PunjabPolice) scared of a wakeel. This is because that Police is a bigger criminal community. If higher Judiciary is sincere in delivering than put your Lawyers in reformatories. But then there are no lawyers only” Voters”.
The basic problem of Pakistan is the nonexistence of "rule of law". Those whose duty it is such as the judiciary to defend and ensure rule of law being implemented remain silent and inactive when the rulers and administrators are freely violating the laws before their very eyes thus making it possible for crime corruption and misrule to flourish, perpetuating the very menace that a legal system is supposed to contain
The army chief had to remind the Prime Minister Nawaz Sharif his duty to resolve the Panama Leeks crisis which has forced the PM to go to the Parliament and answer all questions raised by the opposition. The Chief Justice should also meet the Prime Minister to remind him his duty about implementation of rule of law in the country. The major problem is non stop violation of laws by the rulers themselves
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