Pakistan Today

What ails the judicial system

 

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.

 

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