- More in cync with the spirit of times
On the top of CJ Khosa’s priorities is speedy justice, something that PML-N leadership used as a slogan in 90s but lacking a concrete plan the idea ended up in smoke.
The new CJ comes with a plan. What is more he has already put it to test on a small scale.
The use of modern gadgetry would be used to improve judicial efficiency. Tested under his supervision in model courts set up in a few districts of Punjab, it helped. Criminal and civil cases ordinarily taking three to four years were decided in three to four days. To reduce the duration of the process of adjudication, the current four tier judiciary would be reduced to three. Fine, provided proper precautions are taken to ensure that fast tracking does not lead to miscarriage of justice.
The new CJ has however little to offer for improving the criminal investigation system and ending corruption in lower tiers of judiciary.
CJ Khosa is aware of the shortcomings of military courts. Those who support them claim that the prevailing system of lengthy litigation helps the terrorists while expeditious sentences send a stern message to potential perpetrators. But severe punishments awarded hastily have frequently been turned down by the High Courts and SC for being unjust. In October last a Peshawar High Court bench saved the lives of about 50 who had been hastily sentenced to death by a military court. The system of efficient adjudication of cases proposed by the new CJ should encourage the Parliament to shoot down the proposal for re-induction of military courts.
Forced disappearances are the third issue where CJ’s views coincide with those of the enlightened sections of society. He takes note of their adverse impact upon the constitutional scheme of things and national cohesion, maintaining that in a constitutional democracy national security cannot be pursued by employing methods which are offensive to the constitutionally guaranteed fundamental rights to life and liberty.
CJ’s proposal for an inter-institutional dialogue to be convened by the president and attended by the top parliamentary, judicial leadership and executive leadership including the military and the intelligence agencies needs to be given serious consideration.