Meeting Of The Chief Justices' Committee

MEETING OF THE CHIEF JUSTICES' COMMITTEE MEETING OF THE CHIEF JUSTICES' COMMITTEE ADDRESS BY Mr. Justice Irshad Hasan Khan, Chief Justice of Pakistan [24th March, 2000] Hon'ble Mr. Justice Fazal Ilahi Khan, Chief Justice, Federal Shariat Court; Hon'ble Mr. Justice Mian Muhammad Ajmal, Chief Justice, Peshawar High Court; Hon'ble Mr. Justice Mian Allah Nawaz, Chief Justice, Lahore High Court; Hon'ble Mr. Justice Syed Deedar Hussain Shah, Chief Justice, High Court of Sindh; Hon'ble Mr. Justice Javed Iqbal, Chief Justice, High Court of Balochistan! I am thankful to you for attending this meeting. The reason for convening it, is to assess and analyse the implementation process and progress achieved in respect of the decisions of the Chief Justices' Committee's earlier meeting of 26th February, 2000. After issuing directions for clearance of backlog and expeditious disposal of cases, we have to maintain the tempo and ensure the full and effective implementation of the plan of action agreed upon by the Chief Justices' Committee. We may, therefore, have to meet regularly to achieve positive outcome and results of goals, we set out for strengthening the administration of justice and improving its performance. Cooperation of the Bar: Pursuant to the decisions of the Chief Justices' Committee's Meeting of 26th February, 2000, I convened a meeting of the leaders of the elected bodies of the Bar throughout the country. I am grateful to them for their offer of cooperation in the dispensation of justice. They also promised to forward to me consolidated proposals for improvement in the system of administration of justice. On receipt, of such proposals, the Chief Justices' Committee will give serious consideration to it before finalizing decision affecting the Bar in the‑discharge of their duties. Government Committee for implementation: I am glad that the Government has since constituted a Committee for implementation of the decisions of the Chief Justices' Committee. I trust that the Committee would formulate its report within the stipulated period and the decisions of the Chief Justices' Committee would be implemented in the shortest possible period. Guidelines for Subordinate Courts: In. the present meeting, we shall review the process of implementation of the Chief Justices' Committee's decisions, in particular the clearance of backlog and quick disposal of cases in special categories viz. family 'matters, cases of widows and orphan children, minor criminal offences, cases of ejectment from houses end suits for administration of deceased persons. We would also consider the issue of‑devising practical and viable guidelines, with the parameter of the existing procedural laws, for observance by the subordinate judiciary. These guidelines, let me reiterate, are based on the procedure prescribed in the prevalent procedural codes i.e. Civil Procedure Code, Criminal Procedure Code and High Court Rules. It is indeed for the convenience and assistance of the subordinate judiciary, that the proposed guidelines would be made available in the form of a booklet to every presiding officer in‑ Pakistan for ready reference. An initial draft has been prepared and made available to the honourable Chief Justices, who may, kindly consider the desirability of further discussing it in their, respective Administrative Committee Meetings with a view to suggesting appropriate improvements thereto. Inshallah, in our next meeting, we shall finalise the draft and circulate it to the judicial officers. Achievements: Superior Courts It is indeed' heartening to note that pursuant to the decision of the Chief Justices' Committee's Meeting dated 26th February 2000, a modest progress ‑has been made in the right direction. During the 19 working days since that meeting, the following categories of the cases have been disposed of: (1) In the Supreme Court during the period in 19 working days a total of 32 appeals and 234 petitions were disposed of and pendency has been reduced from 12720 to 12454. 1 should clarify that a Full Bench of the Supreme Court has since 1st March 2000, regularly hearing the Writ Petitions challenging the Proclamation of Emergency and Provisional Constitution Order and consequently, other cases could not be taken in hand. (2) In the Lahore High Court, during the period, a total of 5902 cases were disposed of and pednency has been reduced from 75902 to 70000 cases. (3) In the High Court of Sindh, during the period, a total of 1041 cases were disposed of and pendency has been reduced from 28361 to 27320 cases. (4) In the High Court of Balochistan, during the period, a total of 161 cases were disposed of and pendency has been reduced from 814 to 653 cases. (5) In the Peshawar High Court, during the period, a total of 1103 cases was disposed of and pendency has been reduced from 16653 to 15550 cases. Subordinate Courts Similarly, in the Subordinate Courts also progress has been made in clearing the backlog and disposal of special categories of cases i.e. family cases, cases of custody of minor, cases of widows and orphan children, minor criminal offences, cases of ejectment from houses and suits pertaining to the administration of estate of deceased persons. Province‑wise break‑up of results obtained is as follows: Province of the Punjab 16566 cases were disposed of Province of Sindh 1690 cases were disposed of Province of N.‑W.F.P. 1125 cases were disposed of. Province of Balochistan 400 cases were disposed of Al‑humdulillah, this is only a humble beginning. I should reiterate that I will take all steps and measures necessary to clear the backlog. It is my resolve and commitment, and Insha‑Allah, I shall redeem it. The machinery of law has been set in motion in the right direction in all Courts in Pakistan. I hope and pray that we may continue the Jehad with the Blessing of Allah Almighty and the cooperation of the Bar and the people of Pakistan. I am glad to say that the Bar has been very cooperative and helpful in our effort and I wish to complement its members for their help and assistance. Appointments on Merit. Appointments in the High Courts and the subordinate Courts will be strictly on merit. Any person approaching the appointing authority/consultee, directly or indirectly through relatives, friends etc. or exerting influence on them would be disqualified from being considered for the above appointment. Mechanism for Implementation I should state here that pursuant to the decisions of the Chief Justices' Committee's tweeting of 26th February 2000, a proper implementation mechanism has been put in operation which includes: Implementation Cells 1. Implementation Cells, headed by the respective Registrar, have been established at the level of Supreme Court and each High Court. Similarly, cells have also been created at the level of Courts of District and Sessions Judges. Liaison Officers 2. Liaison Officers have also been appointed at the level of Supreme Court, each High Court and the Courts of District and Sessions Judges to monitor progress in respect of enforcement of Chief Justices' Committee's decisions, particularly quick disposal of special categories of cases, viz., family cases, cases of custody of minors, cases of widows and orphan children; cases of ejectment from residential houses, suits for administration of the estate of deceased persons and minor criminal cases involving punishment for up to 2 years (as per paras. 8 and 11 of the decision of the Chief Justices' Committee's Meeting of 26th February, 2000). Monitoring Performance 3. The respective "Chief Justices of the High Courts have been pleased to nominate Judges of the High Courts to supervise and monitor the working and functioning of the subordinate Courts for securing compliance with the decision of the Chief Justices Committee and so as to enhance efficiency and check irregularities. This measure has had a salutary effect on the efficiency and performance of the subordinate Courts. Consultation with the Bar Leaders 4. The Chief Justice of Pakistan invited the elected representatives of the Bar to a meeting on 4th February 2000 so as to inform them of the decision of the Chief Justices' Committee and secure tote cooperation of the members of the Bar for implementing the same. Instructions to Subordinate Courts 5. The respective High Courts have issued .instructions to the judges of the subordinate Courts for strict compliance with the decisions of the Chief Justices' Committee. Use of Media 6. To help the concerned Court in identifying the cases of litigants in special categories, the respective High Court notified the general public through media i.e. T.V. Radio and newspapers to file applications to the concerned Court. Let me acknowledge, in conclusion, the support and cooperation of the media, both electronic and the print, to the cause of judiciary. They have, in a very effective manner, conveyed our message. I hope that this cooperation will continue in the future as well. Measures approved I am happy to say that in our earlier session the Chief Justices' Committee, after due deliberations, endorsed the contents of my speech and further adopted the following measures. 1. The Committee endorsed the resolution approved in the Meeting of the Chief Justice of Pakistan with the elected representatives ‑of the Bar whereunder the representatives of the Bar offered full cooperation to the judiciary in dispensation of justice and further agreed to formulate consolidated suggestions for improvement in the administration of justice, which shall be considered in the meeting of the Chief Justices' Committee. The Committee expressed the view that cooperation between the Bench and Bar and mutual respect for each institution is a sine qua non for the smooth functioning of the system of administration of justice, and this cooperation should be maintained and further strengthened. 2. The Committee further endorsed the recommendations of the Pakistan Law Commission in its meeting at Lahore on 11th March 2000 to the effect that Judicial Administration Development' Fund should be established by allocating and placing at the disposal of the respective High Courts adequate funds for strengthening the system of administration of justice and independence of the judiciary. 3. The High Court would exercise its power effectively under Article 203 of the Constitution. The control and supervision should be meaningful and purposeful. There is a need for organised and methodic arrangement of supervision and control by the High Court over the functioning of subordinate Courts. The cases of corruption, inefficiency and inproficiency must be taken notice of and appropriate punishments awarded, after observance of due procedure and law. 4. The High Courts will consider the possibility of establishing special benches for different categories of cases e.g. family matters, rent cases, service matters, labour cases, drugs cases, revenue collection, taxation cases, bail applications, death sentence, life imprisonment etc., so as to expedite disposal. 5. The High Courts will prepare and publish monthly statements in respect of institution and disposal of cases. Similarly, the subordinate Courts will also fortnightly prepare and publish such statements. 6. Special Benches be set up exclusively for dealing with old cases. Those Benches should not be given any other work. All cases on the cause list be heard day‑to‑day till the same are disposed of. 7. All cases prior to 1990 be classified as old cases. Cause list of those cases should be issued one week in advance. It should be specifically mentioned in the cause list that these cases shall not be adjourned and shall be heard day to day. It should also be made clear that if any counsel is not available he should have the date adjusted from office without disrupting the roster. 8. Special Benches be nominated for disposal of cases category‑wise. Preference be given to the cases‑arising under the Family Courts Act, Rent Restriction Ordinance and suits under the summary procedure provided by Order 37, C.P.C. 9. In all High Courts, except Lahore High Court, Constitutional petitions are normally heard by Division Benches. Same measures be introduced in the Lahore High Court also subject to the exception that in certain matters like registration of case, Police harassment, Family Court writs etc. be continued to be heard by Single Benches. 10. A Special Bench should be constituted to hear Tax Reference and appeals. No other work should be fixed before that Bench as otherwise the Bench remains busy and tax cases are left over. 11. In lower Courts, a system of monitoring and inspection should be evolved to watch the performance of subordinate judiciary. As earlier decided by the Chief Justices' Committee, the Hon'ble Chief Justices of High Courts shall nominate one or more Judges, for a period of one month at a time, in rotation, to exclusively monitor the working and functioning of the subordinate Courts as well as the Courts established under the Anti -Terrorism Act, 1997. 12. One Judge, each for special category of cases, pending before the Civil Courts and District Courts should be nominated, who shall be responsible for the early disposal of those cases and to keep a regular check about the hearing and disposal of those cases. 13. In the Lahore High Court, already a system was introduced, whereby one Judge of the High Court was made Incharge of the Family Court cases, the other of Rent cases, the 3rd one for Guardianship cases and the 4th one for matters relating to juvenile prisoners. The same procedure be followed as nearly as possible by other High Courts. Monitoring the Performance of Process Servers One of the patent snags in the execution of processes to the parties in criminal litigation in general and civil litigation in particular is the delinquency of the Process Serving Agency for various reasons. It has a direct nexus with the 'laws delays'. Since we have embarked upon a campaign to cut short the 'laws delays' and deliver justice expeditiously at all levels, it is, therefore, expedient that the Process Serving Agency whether on civil or criminal side should be revamped. The problem can be tackled, as in every such exercise by immediate and emergent measures and long drawn out programme. Immediate measures should be taken by the District and Sessions Judges throughout Pakistan, in consultation with the learned Chief Justice of the respective High Courts, to the effect that; (i) The performance of each and every Process Server/Bailiff should be monitored under the direct supervision and control of Senior Civil Judge/Administrative Civil Judge who has the charge of such Agencies. (ii) If the Process Server is found delinquent in performance, he should be stripped off the powers of execution of processes and made to sit on a job on which there is no public dealing and is not worthwhile, apart from initiating disciplinary proceedings against him. (iii) As a temporary measure the other officials of the equal grade be involved to perform such duties. If they deliver then they may continue temporarily for some reasonable time frame in order to institutionalise the system. In the meantime, the Process Server who had been side‑lined and had been deprived of duty, involving public dealing, would himself come to terms and would promise to perform. In early 1970s, the learned senior puisne Judge of the Supreme Court Mr. Justice Muhammad Bashir Jehangiri, in his capacity as' Senior Civil Judge (as he then was) followed the above process, in consequence whereof, the process used to be successfully executed almost 80 per cent. The same procedure should be strictly followed. Fate of Undertrial Prisoners A large number of undertrial prisoners involved in petty offences are reportedly lodged in jails since long throughout the country for want of the availability of sufficient number of Courts. They cannot be released on bail as they are not in a position to arrange sureties. Had they been timely tried and convicted with the benefit of section 382‑B, Cr.P.C. they might have come out. This would have enabled them to earn livelihood for themselves and their families instead of becoming a burden on the national exchequer. To solve this problem, the learned Chief Justices of the respective High Courts, may through a general order authorise the presiding officers to hold trials of such persons in jails and if they plead guilty, their cases should be decided forthwith and in case they desire to contest the cases against them, the same be fixed for hearing without any delay in the Court houses and heard on day‑to‑day basis. In this respect, particular attention should be given to the cases of women and children. The Chief Justices of the High Courts shall solicit the relevant information from the Superintendents of Jails throughout the country directing them to state with particularity the following information: (i) Name and parentage of the undertrial. (ii) Number of the case, date of registration, offence, the name of the Police Station and District. (iii) The date of arrest of the accused. (iv) Name of the Court seized of the case, (v) Last date of his production in Court. (vi) Next date of hearing. In conclusion, I should state that the steps and measures we have taken so far, are motivated by the consideration for reviving the system of administration of justice, so as to meet the challenges of immense increase in litigation and piling pendency. I realize the magnitude of the task we have set for ourselves. This would require gigantic efforts but I am determined and committed to carry it through. I have great faith in my colleagues, the members of the Bench and the Bar that they would help and assist us. We are indeed on the path of Jehad. I know that the task entails working overtime and put in more efforts, but that is an essential component of Jehad. There are no adequate worldly rewards and medallions for the service. True reward lies with Almighty Allah whose blessings is all what one can desire for and are enough for us. Insha‑Allah, with the cooperation of the Bench and the Bar, the judicial system of the country would be geared towards delivering just ‑‑ fair and equal justice ‑‑ as a public service obligation and not merely dishing out paper justice and that too after decades of delays and ordeals, suffered by the litigant public.