Public Interest Litigation Prospects & Problems

PUBLIC INTEREST LITIGATION﷓﷓PROSPECTS & PROBLEMS PUBLIC INTEREST LITIGATION‑‑PROSPECTS & PROBLEMS By Rashid Akhtar Qureshi, Barrister‑at‑Law, Karachi Public Interest Litigation is a new entity in the field of administration of justice by Superior Courts. Its purpose is to make justice available. to the poor and deprived persons at their door without the obligation of filing a formal petition for Constitutional relief and without observing the rigours of technicalities. Just one telegram or a letter addressed to the Chief Justice or the Registrar of the concerned Court will move the machinery of law into motion and relief will be given where it is called for. Before the advent of Public Interest Litigation, in particular, a poor person had to face great difficulties in getting relief because either he had no money to engage a Counsel or he was residing in a far‑flung area. Further the Constitutional relief was hedged about by conditions that he should be "aggrieved person" and further that he should have no other adequate remedy. Further by this formal approach for a relief in many cases justice was delayed and the poor or deprived person became the victim of what he wanted to avert by Constitution petition. Emergence of Public Interest Litigation has softened these procedural hurdles and the petitioner, who otherwise could not have afforded to get a relief, gets speedy relief. The public functionaries against whom charges of excessive action is laid, are straightaway called by the concerned High Court or Supreme Court and wrong is redressed. This method of speedy and free justice has created a climate of confidence amongst the citizens, particularly the poor people. Delight in taking unlawful actions by the public functionaries and excesses of the police has, in fact, given birth to the idea of Public Interest Litigation. Citizens sore with such excesses, started sending telegrams or letters to the High Court or the Supreme Court for relief. The Judges of the Superior Courts spurred by the United Nations Charter of Human Rights and guarantees of fundamental rights given in the Constitution coupled with principles of Islam as to the dignity, freedom and inviolability of property rights of a citizen have been generous enough in granting appropriate relief to the poor and deprived persons. In this direction, the start was made by the Honourable Supreme Court of Pakistan under the directions of learned Chief Justice of Pakistan, Mr. Justice Muhammad Afzal Zullah. In several cases relief was given by the Supreme Court either Suo Motu or on the petition of some spirited persons or organization working for the civil liberties of the people. In one important case of smoke‑emitting public vehicles which thereby vitiated the atmosphere by pollution, the Supreme Court, Karachi Bench, took notice of the same and issued appropriate directions with the result that traffic police is taking brisk steps to challan such drivers and sending a copy of such challans to the office of the Supreme Court every day. In another case Suo Motu notice was issued to the owners of the factories who were polluting the sea or river waters by the refuse thrown into waters and in this case also appropriate orders were passed. Encouraged by the laudable example set by the Supreme Court, the High Court of Sindh also followed the suit and for this Mr. Justice Nasir Aslam Zahid, the learned Chief Justice of Sindh High Court deserves to be thanked. His heart aches by the plight of poor persons who are victims of illegalities committed by the police or malpractices of the public functionaries. He has started taking action on telegrams sent by the deprived persons who cannot bear the expenses of Counsel or strictly follow the rigours of technicalities of procedure. Such telegrams are converted into Constitution petition, the official concerned is asked to attend the High Court and after hearing the parties speedy relief is given. There are two types of complaints against the police. Firstly those cases in which the police refused to register F.I.R. of a victim of a crime; secondly, those cases where police either detains a person illegally, or having arrested him legally does not produce before the magistrate within 24 hours in order to torture him or pressurize him into making a confession. In all such cases High Court has given a quick and appropriate relief. As the awareness of dignity of man and human rights is growing, some public spirited individuals and organisations are coming up to help the poor, distressed and deprived persons in getting justice free of cost. For example, there was a case where a prisoner was confined in jail for 20 years and every body forgot all about him. He was never produced in Court to stand his trial. At the intervention of an organization he was released. In another case, a person was confined in Mental Asylum for more than 20 years. He also earned his liberty' through an organization working pro bono publico. It is. heartening to note that individuals and organisations are being formed to work for the civil liberties. It will not be out of place to mention here that I have in my individual capacity filed several Constitution petitions wherein some public interest was involved. In one case final redress was granted, others are pending decision. Thus, it is apparent that the prospects of Public Interest Litigation are very bright, both because people now come forward to complain and also because the Courts are more sympathetic to redress their grievances without any strings of formalities. . Lastly it may be noticed here that as the Public Interest Litigation increases, it will create some problems also. The first and most important point to be considered is that such litigation occupies much of the time of the Court at the cost of normal work, which is likely to create backlog of work. For example, Supreme Court devoted one day a week, Thursdays, to Public Interest Litigation and hence normal work was cut by one day. To make things smooth‑sailing, without affecting the normal work, it would be appropriate if a new division by name `Public Interest Litigation Division' is created in the Supreme Court and the High Courts for which at least three more Judges may be appointed who may exclusively do the Public Interest Litigation work. In this way those Judges would be specialized in this field and they may be able to understand the problems of both the public , functionaries and the poor litigants. Second problem will be the volume of frivolous applications. For this a team of experienced lawyers may volunteer themselves to examine and scrutinise these petitions and send before the Court only such petitions which call for genuine and immediate relief. This will save much of the time of the Court. The third of the problem is that if relief is given to the litigants by a mere telegram, it is likely to create some unrest amongst, in particular, the young lawyers, as it may slash much of their work. For this Government or local bodies may step in and provide Legal Aid Fund and then such applications may be pleaded in Court by young lawyers who may get some reasonable amount for their labour from the Legal Aid Fund, thus earning as well learning anti also helping the poor, distressed and deprived persons. LATE SYED NASIRUDDIN, SENIOR ADVOCATE, SUPREME COURT, KARACHI In the death of Syed Nasiruddin, Senior Advocate, Supreme Court of Pakistan, the country has lost one of its ardent and staunch patriots and the Bar one of its distinguished members. Graduating from Punjab University and taking his MA. and Law Degrees from Muslim University Aligarh, late Syed Nasiruddin joined legal profession in 1939 and was enrolled in 1945 as an Advocate of Allahabad High Court and in 1947 as an Advocate of former Chief Court of Sindh and later on as an Advocate of Federal Court and then as Senior Advocate of Supreme Court of Pakistan. He was appointed Advocate‑General of the former Government of West Pakistan in 1964. He was six times elected President of the Karachi Bar Association and was twice elected President of Sindh High Court Bar Association. He actively participated and made his valuable contribution in numerous socio‑political reformative activities during his eventful professional career spreading over more than five decades which among others, included the office of General Secretary motamar‑i‑Alam-i-Islami (Pakistan Branch). Late Syed Nasiruddin had a highly polished, captivating and winning personality. With his sweet temperament he possessed some rare qualities of personal charm and openness which endeared him to every one coming into close contact with him and left on him a lasting impression of his individuality; very few failed to respond to his charm. Since the days of his friendship with late Malik Mir Muhammad, the founder of P.L.D. organisation some 40 years back, late Syed Nasiruddin had always been a source of valuable and dependable guidance and help which he gladly and unhesitatingly offered to the management of the organisation whenever sought for. This long association and beneficial relationship, based as it was on mutual trust, respect and friendship on both sides, was passed on to the present management of the organisation after the death of its founder and purposefully and happily continued till the end of his days. The Management offers its heartfelt condolence to the bereaved family on his sad demise. May God rest his soul in eternal peace, Aamin!