Taking over ceremony of mr. Justice falak sher As chief justice lahore high court

TAKING OVER CEREMONY OF MR TAKING OVER CEREMONY OF MR. JUSTICE FALAK SHER AS CHIEF JUSTICE LAHORE HIGH COURT ADDRESS BY Syed Muhammad Kalim Ahmad Khurshid, President, Lahore High Court Bar Association Worthy Chief Justice, Honourable Judges of the Lahore High Court, Lahore and respected Members of the Bar, Ladies and Gentlemen! It is said that we have assembled here to congratulate the Chief Justice on the assumption of his highest judicial office in the Province but I have my own reservation because if Mansab‑e‑Qaza would have been such an easy job the ever great jurist Imam‑i Abu Hanifa would not have refused to accept this office and Saint like Juniaid Baghdadi would not have been hesitant to do so. I can only pray for the success of the new Chief Justice. The Judiciary is in a high sense the guardian of the conscience of the people as well as the laws of the land. 2. Hazrat Ali. had written a letter to Malak Ashtar in the following terms "select such persons who do not justify their mistake, who would not be led away by suspicion and who are courageous and impartial in their judgements, he is brave enough if he realises his fault then he should be ready to rectify the same, who do not get intoxicated by flattery". No doubt such people are not in abundance. 3. The Constitutional Courts are being pressurized by the executive on this so‑called version that justice delayed is justice denied while justice must be administered at every cost and if justice is rushed then justice is crushed but at the same time inordinate delay in disposal of cases can be avoided especially many bail petitions are pending in this Hon'ble Court from time immemorial and the High Court Bar expects that every bail application will be disposed of within one month and the same should not be prolonged because question of the‑liberty of the citizen is involved. 4. The concept of admitting the writ petition and their pendency for indefinite period is a hurdle in speedy justice while the speedy remedy is that when both the parties are present then writ petition may be disposed of on merits. 5. There are numerous Law Journals in the market and unapproved judgments are being published in the said Law Journals to increase their volumes thus, their number may be reduced by initiating proceeding for publishing unapproved judgments. 6. A survey must by conducted that how many Judges of the subordinate judiciary are owners of cars and whether they can afford to travel daily by car from the place of posting to the place of residence. In this respect reports may be obtained from the District and Sessions Judges as well as from the local Bar Associations. 7. Police officials are State functionaries and their actions are subject to the judicial review under Article 199 of the Constitution of Islamic Republic of Pakistan an authoritative pronouncement on the subject is the need of the day to resist the police atrocities and to grant relief even at the investigation stage. The matter may be laid at rest keeping in view the orbit of Article 199 of the Constitution of Islamic Republic of Pakistan. 8. The police has penetrated in the office of this august Court and generally the Habeas Corpus petitions are unsuccessful due to organized methods of the police. If this system is not controlled and the police is not brought under tile judicial review the administration of justice by the judiciary is not possible. 9. In the subordinate Courts, the Judges as well as lawyers are deprived of the basic facilities, neither there are appropriate Court rooms nor the Furniture is provided. The subordinate Courts are performing their functions in very poor conditions while the executive officers i.e. District Magistrate and Assistant Commissioners etc. are enjoying the facilities and the judiciary is suffering from inferiority complex. 10. The lawyers quota for the appointment of Additional District and Sessions Judges has been reduced and long standing practice of 25 years has been changed. Bar is not satisfied. The old quota may be restored and the lawyers quota for the appointment of Sessions Judges may also be restored. 11. The Rules Committee has been formulated but the representatives of the lawyers have not been taken into confidence. 12. One Division Bench for the Anti‑Narcotics cases and for the Special Court cases is not sufficient, at least two Division Benches may be constituted. 13. Carrying of fire‑arm is strictly prohibited in the premises of the High Court in view of Order of this Hon'ble Court dated 25‑1‑1968 but generally the police officials are carrying the fire‑arms in the High Court premises in violation of the above-said order. 14. In view Order No.399, dated 22‑4‑1968, the office is bound to give completion certificate on the cases and any incomplete case cannot be fixed before the Honourable Benches but in violation of the abovesaid order incomplete cases are being fixed before the Hon'ble Benches, thus, wasting the time of the Bench and the Bar. The completion Clerks are not performing their duties as prescribed by the abovesaid order. 15. The cause list is not circulated as prescribed by the rules and efficiency of the office as well as computer section is creating problems for the advocates. 16. The Bar has appreciated workshop on the Alternative Dispute Resolution with the cooperation of the Bar. It is expected that Your Honour like your predecessor will not accept loan from any Donor Agency. 17. The Bar also expects equal distribution of work to the Benches. The cases may be fixed through computerized balloting. 18. Supplementary list should be served by a clear margin of one day in view of the order dated 17‑11‑1966 of this Hon'ble Court. but the supplementary cause list is issued in violation of the abovesaid orders. 19. There are general complaints that names of the lawyers are not published in the cause list as such the cases are dismissed in default and ultimately restoration applications are moved, thus, the work load is being increased due to inefficiency of the office and the Computer Section. 20. The outside counsel is not intimated time through registered post acknowledgement due and their cases resultantly are being dismissed in default and a fresh round of litigation starts by moving application for restoration. As envisaged by order dated 18‑1‑1967, the registered post card of actual d9te should be sent at least with 15 days' margin to the outside counsel but the office is not performing its duties. 21. The delays in the administration of justice can be avoided by the uniformity of judgments and contradictory judgments can be resolved by referring the matter to the Larger Benches while contradictory judgments are one of the cause of delay in the administration of justice. 22. The attention may also be drawn to this effect that generally the subordinate Courts do not follow the rule of law laid down by the Constitutional Courts while the decision of the august Supreme Court of Pakistan as well as Honourable High Court are binding upon the subordinate Courts, thus, while exercising supervisory jurisdiction under Article 203 of the Constitution of Islamic Republic of Pakistan if a matter is brought to the notice of this Hon'ble Court then the said judicial officer may be prosecuted for the violation of the Constitution and separate rules for filing the petition under Article 203 of the Constitution of Islamic Republic of Pakistan may please be framed. 23. Allow me to point out that appointment of the retired Judges of the High Court as Judges of the Banking Tribunal and other Tribunals is derogatory if the authority of an ex‑Judge is reduced. 24. The enhancement of court‑fee is another hurdle in the administration of justice, every one of us is responsible to the God if somebody has not access to justice‑due to non‑availability of funds for the payment of court fee. The concept of payment of court‑fee is alien to Islam and the matter has already been decided by the Federal Shariat Court, thus, demand of court‑fee upon the Constitutional petitions may be reduced and there is no logic to recover court‑fee from the aggrieved persons, anyhow, court‑fee is tax upon the civilization. 25. The Bar does not expect anything but only respect from the Bench. It is said that four things should be present in a Judge, he should hear the parties courteously, to answer wisely, to consider soberly and to decide impartially. 26. The Bar is ready to fight against the corruption and the Bar will extend the cooperation but it should not be single‑handed cooperation. The system of the High Court is different from the august Supreme Court and from the United Kingdom, thus, complete ban upon the clerks of the counsel will handicap the Bar. The timing may be fixed for the clerks to deal with the office affairs and the complete ban will be a hurdle in the administration of justice. 27. The deed writing by the unauthorised persons has opened a flood gate of corruption, thus, the matter of conveyancing and drafting should be exclusive function of the lawyers and necessary rules may also be formulated in this behalf. 28. Although there are many fundamental issues but we have assembled here to begin a new era and I hope that with your firm commitment and confidence we will achieve to eradicate corruption from the subordinate judiciary. 29. Thanking you very much for the indulgence shown by you and I pray for your success and I assure you that for the administration of justice, for the restoration of Constitution and for the eradication of corruption you will not be alone the Bar will cooperate with you but the members of the Bar must be respected.