Inauguration of circuit bench building Of peshawar high court at abbottabad

INAUGURATION OF CIRCUIT BENCH BUILDING INAUGURATION OF CIRCUIT BENCH BUILDING OF PESHAWAR HIGH COURT AT ABBOTTABAD ADDRESS BY Mr. Justice Irshad Hasan Khan, Chief Justice of Pakistan [9th April, 2000] I am indeed grateful to my brother Judges of the Supreme Court, the learned Chief Justice and learned Judges of Peshawar High Court, Secretary, Law, Justice and Human Rights Division and distinguished Members of Bar‑‑my sincere friends‑‑for their participation in the function. I am grateful for giving me this historic opportunity to share some moments with a legal fraternity which is known for its traditions of professional competence and integrity. Let me say that once a lawyer always a lawyer. I am a lawyer and I am proud to belong to this most respected black‑coated fraternity. It doesn't mean that I do not admire the learned Judges who are from the judicial service. I am proud of the nobility, ability and performance of my learned brother Mr. Justice Muhammad Bashir Jehangiri and my other colleagues in the Supreme Court. I am also proud of the learned Chief Justice of the Peshawar High Court, who is known for his integrity, capability and performance. But I must say that I feel happy and contented when I speak to the members of the Bar. The reason is that when I talk to them I feel my youth as a lawyer is revived. Lawyers are indeed most respected but they have to follow the right direction in all spheres of life. Quaid‑e‑Azam Muhammad Ali Jinnah, the Founder of Pakistan, was a reputed lawyer. Allama Muhammad Iqbal was also a lawyer. I expect. my friends, the lawyers to follow in the footsteps of Quaid‑e‑A7,am Muhammad Ali Jinnah. The problem of backlog in the Courts and delay in the dispensation of justice has always made me restless. From the very beginning, I have been trying to identify the causes of these maladies afflicting the system of administration of justice in the country and tending to erode the prestige of the judicial institution in the eye of the general public. But at the same time, I have never lost sight of the resource constraints. I have, therefore, ‑adopted double track. Policy of struggling for securing better working conditions for the Judges of the subordinate Courts and at the same time persuading them to work relentlessly for clearance of the backlog and banishing the curse of delay in the dispensation of justice. I have never remained oblivious of these problems during my career as Judge of the Lahore High Court, Chief Justice of Lahore High Court, Federal Secretary, Law, Justice and Parliamentary Affairs Division, Judge of the Supreme Court and my present capacity as head of the judiciary in Pakistan, hence immediately after assuming the responsibilities as Chief Justice of Pakistan, I embarked on the path of Jihad against loopholes in the system, considering it to be my national obligation, to struggle for the clearance of backlog and elimination of delay in the disposal, of cases to mitigate, the sufferings of the litigant public. I am proud to say that in this endeavour, I have the support of able and committed brother Judges and equally cooperative and responsive Bar. It is indeed encouraging to note that all concerned are imbued with the national spirit to provide inexpensive and speedy justice to the masses and thereby restore confidence of the general public in the judiciary. I may say that they only needed a proper sense of direction which is being provided to them through regular meetings of the Chief Justices' Committee and Pakistan Law Commission. We have not confined our task to issuing statements only but have evolved an effective system of monitoring the implementation of the decisions of Chief Justices' Committee and Pakistan Law Commission. It is indeed gratifying to note that the Government has set up a committee for the implementation of the decision of the Chief Justices' Committee. At the level of superior judiciary, the Supreme Judicial Council of Pakistan has been reactivated after a lapse of nine years, which has issued necessary directions for early disposal of cases in its recently held meeting. This body, from now on, will vigorously perform its functions. We have to change public perception of the judiciary through accountability process, improvement in performance and adherence to the Code of Conduct prescribed for the Judges of Superior Courts. We have focused our attention on the disposal of the generally neglected cases of weaker segments of the society, i.e. women, widows, orphans and other deserving persons. The reports so far received suggest disposal of considerable number of old and specified categories. of cases by the Judicial Officers at all levels with the active cooperation of the Bar. This is indeed an encouraging sign and proves the fact that with hard work and sincerity of purpose we can overcome the hurdles in the way of the achievement of our noble cause of quick dispensation of justice and thereby minimize the sufferings of the litigant public. Here I must acknowledge the positive and constructive role played by the national media in projecting the cause of the judiciary. I have been saying that the object of our steps and measures is to revive the system of administration of justice, so as to meet the challenges of alarming increase in litigation and piling up of pendency over the years. I have never entertained the false hope that the task is an easy one. I realize the magnitude of the task we have set for ourselves, which would require gigantic efforts but with the help and assistance of my colleagues, the Members of the Bench and the Bar I am determined and committed to carry it through, Inshallah. It was our conscious decision to embark on the path of Jihad and having faith in the blessings of Almighty Allah, support of the colleagues, Members of the Bench, Bar and the entire nation we are bound to succeed in our mission and open a new chapter of quick dispensation of justice in the judicial history of the country. The inauguration of new building of Abbottabad Bench of Peshawar High Court has coincided with the launching of crusade against backlog crises and delays in dispensation of justice and I feel that this is a good omen for revival of the system of administration of justice not only in the North‑West Frontier Province but also in the rest of the country. I also share the view of the Chief Justice, Peshawar High Court, in his prayer that this new building symbolizes the attainment of noble cause of justice and its inauguration today proves the harbinger of a new era on the horizon of the judiciary for securing the ultimate object of the prosperity and well being of the nation. Let me avail this opportunity to reiterate what I stated earlier in my speech .at Federal Judicial Academy on 8th April, 2000: We have made the Supreme Judicial Council to convene its meeting after a lapse of 10 years. We have made it functional and more effective in so far as the working and conduct of Judges of the superior Courts is concerned within the contemplation of the Code of Conduct for Judges of the Superior Courts. We, as the Judges of the superior Courts, are committed to strictly adhere to the said Code. Similarly, Code of Conduct and Efficiency and Discipline Rules, are devised for the accountability of Judges of the subordinate Courts. Such Codes are enforced by the respective High Courts. Each High Court under Article 203 of the Constitution is empowered to exercise control and supervision over the subordinate judiciary. The performance of judiciary might not be ideal. I know there are complaints against the Courts at all levels, particularly, the delays caused in disposal of cases. But we have to understand the fact that the Courts, particularly subordinate Courts, have to operate under dismal conditions. There is a chronic shortage of judicial officers, ministerial staff, equipment and books. Consequently, there are huge arrears that have accumulated over the years. There are huge cause‑lists, which are impossible for the Presiding Officers to tackle. The result obviously is delay in decisions. Inadequate budgetary allocation prevented successive Governments from increasing the number of Judges, in proportion to the caseload. I would, therefore, emphasize that the Government should seriously consider the issue of shortage of Judges and there should be appropriate increase in the number of Judges, which, as per the caseload, in some areas may require 200% to 300% increase in number of judicial officers, particularly, in Punjab and Sindh. This requires finances. I am not suggesting that all this should be done in one go. Certainly not. Rome was not built in a day. I would require a phased programme and continuous efforts to implement the same. Increase in number of judicial officers alone would not work till court‑rooms are constructed, bar rooms are made and law books etc. are provided, coupled with commitment of the Presiding Officers of the Courts, with cooperation of the Bar and the media. I fervently hope that the Government will help resolve this issue on priority basis to further enhance the efficiency of the Courts and restore the confidence of the general public in their performance by taking the desired steps on top priority basis by implementing, in letter and spirit, the decisions of the Chief Justices' Committee, dated 26th February, 2000. . For the time being; we have to make every effort to make the best possible use of the available resources, both manpower and material. By the grace of God, pursuant to the decisions of the Chief Justices' Committee, and with active cooperation. of the Bench, the Bar, and the media in particular, the workload has been reduced to a considerable degree at all levels. I appreciate the work done by subordinate Courts. They should continue to perform their duties justly, ably, without fear or favour and God Almighty will be their Guide. With these words, I conclude. Thank you all, once more, for your kind invitation to me and patient hearing. MR. JUSTICE SARDAR MUHAMMAD RAZA, CHIEF JUSTICE OF PESHAWAR HIGH COURT Mr. Justice Sardar Muhammad Raza son of Sardar Muhammad Yousaf Khan was born in village Namli Maira of Abbottabad District on 10‑2‑1945. His father Sardar Muhammad Yousaf Khan was a businessman- cum‑politician who as a decade long Chairman of the Union Council, for his honesty, hard work and devotion to the cause of basic democracies and welfare of the people, was awarded Pride of Performance. Passed his Matriculation Examination in the. year 1958 from Government High School No.2, Abbottabad and graduated from Government College; Abbottabad in 1962. Thereafter joined University of the Punjab, got admission in the University through Forman Christian College, Lahore and did his Master's in Economics in the year 1965. Then joined Punjab University Law College and obtained LL.B. degree in the year 1967. Appeared in the competitive examination of PCS (Judicial Branch) in the year 1968 and was selected as Civil Judge by topping the list of candidates from N.‑W.F.P. Due to the abolition of one unit the services remained transferred to the Province of N.‑W.F.P. Served as Civil Judge at three stations whereafter in around December 1973 was appointed as Senior Civil Judge. In May, 1976 he was promoted as Additional District and Sessions Judge and in July, 1979 as District and Sessions Judge. During his career he remained posted as District and Sessions Judge at D.I. Khan, Mansehra, Abbottabad and twice at Peshawar. From 1984 to 1988 remained as Judicial Commissioner for Northern Areas at Gilgit. Last posting in the subordinate judiciary was under the Ministry of Law and Justice Division, Islamabad in his capacity as Special Judge, Customs, Taxation and Anti‑smuggling, wherefrom he was elevated to the Bench on the 14th of December, 1993 as Additional Judge, Peshawar High Court. Was confirmed as Judge of Peshawar High Court in June, 1995. Was elevated as Chief Justice of Peshawar High Court on 25th of April, 2000, the Oath of which office was taken on the 28th of April, 2000.