Judicial leadership and reform agenda[paper read at. First judicial conference held at peshawar on 31st march, 2002.]

JUDICIAL LEADERSHIP AND REFORM AGENDA[Paper read at JUDICIAL LEADERSHIP AND REFORM AGENDA[Paper read at. First Judicial Conference held at Peshawar on 31st March, 2002.] By Mr. Justice Mian Shakirullah Jan, Chief Justice of Peshawar High Court Dear Participants, Distinguished Guests, Ladies and Gentlemen! Assalam‑o‑Alaikum On behalf of Hon'ble Judges of the Peshawar High Court and on my behalf, I extend a very cordial welcome to you all at the First Judicial Conference. The aim of this conference is to create, reinforce, cement and demonstrate the sense of accountability in the judiciary to serve and protect the people, particularly the vulnerable poor. Greater Transparency through holding of judicial conferences will promote greater citizen focus. Such conferences at District, Provincial and National level would also contribute to keep the judges abreast with important changes in law and practice, provide a forum for exchange of professional experience, facilitate solving of problems faced by Judges in the Courts and create collegial outlook for the Judicial fraternity. The Judicial Leadership, at all levels, is required to be equipped with: * Devotion, passion, determination, missionary spirit, worthy ambition, unwavering belief, selflessness and above all impartiality, COUPLED WITH * Competence in substantive and procedural laws. * Efficiency in Court management, mediation and management skills * Effectiveness in: -- applying judicial techniques -- exercise of discretion -- judgment writing and execution -- maintenance of dignified and orderly pace of proceedings and * Awareness of: ‑‑ contemporary social issues ‑‑ gender, ethnic and other disadvantaged groups There are certain problems of judicial administration relating to governance and administration, case management and delay reduction, automation and Court information systems, human resources and infrastructure. The slow pace and high cost of litigation is undermining the public confidence in judicial system. Marginalization of women, minorities and other vulnerable groups also require consideration to restore theft legal entitlements. Frivolous litigation, inadequate Court facilities, lack of Judicial training and incompetent legal support also cannot be overlooked. Though these problems have repeatedly been considered by at least eight law reform commissions constituted since 1958 to review the administration of justice and unassailable recommendations were made, yet no implementation could be achieved, perhaps, due to lack of political will and many other complex reasons. In order to facilitate systematic judicial reform; embodying efficiency and expeditious dispensation of justice as its pivot, to strengthen the rule of law to serve and redress the public grievances, especially of the vulnerable poor, and to provide an in‑built system of checks and balances within the system, various steps and measures are underway to: (1) Introduce Court‑annexed ADR (2) Establish information/complaints kiosks at Courts. (3) Hold annual conferences. (4) Improve facilities for women in Court premises. (5) Bifurcate the excise of Civil and Criminal Jurisdiction. (6) To establish separate Family and Rent Courts. (7) Provide an incentive/reward/honoraria scheme based on disposal rates, quality of judgments, case and Court management and reputation of the Presiding Officer of the Court. (8) Issue consolidated guidelines on delay reduction and Court management for all the Courts. (9) Adequately resource Process Serving Agency in all Courts. (10) Criminalize failure‑to execute processes of the Courts. (11) Confer jurisdiction of habeas corpus on Sessions Judges. (12) To adopt performance standards for subordinate Courts. For the endorsement and support to the said reform agenda: * Adjudicatory powers of the executive have been transferred to the Judiciary. * All the magisterial Courts have been brought under the control of High Court; * Method of recruitment of subordinate Judges has been reviewed and framed. * Regular inspections of subordinate Courts are being carried out. * Consolidated guidelines on delay reduction for all the Courts are being issued. Time is being devoted mainly for the purposes of coordination of functions of the Member Inspection Team (MIT) * Investigation of complaints regarding subordinate judiciary is accelerated. * For Delay Reduction: (1) Pilot Courts have been established which are achieving the desired targets of disposal. (2) Workshops are being held. (3) Guidelines to the subordinate Courts are being issued. (4) IT equipment has been installed at the High Court, and the (5) software development pertaining to cause list and institution is in process. (6) Guidelines are being issued to the subordinate Courts to press in need the provisions of C.P.C. for ADR For the success, implementation and translation into action of the reform agenda, the performance all the Courts shall be devaluated on the following lines, amongst others: (a) Maintenance of a proper balance between "increasing efficiency" and "increasing access to justice" by keeping in view the basic principles of "Justice delayed is justice denied" and "Justice rushed is justice crushed". (b) Percentage of decrease in cases instituted in civil and criminal Courts. (c) Percentage of decrees executed. (d) Reduction in persons in custody. (e) Number of challans not put in Court within 17 days. (f) Number of cases taking longer than average time. (g) Ensuring that no case is pending for more than three years. (h) Successfully convening annual conferences at district level. For the realization and success of the reform agenda, the additional infrastructure to he built out of allocations to be made by the Government includes: (1) Accommodation for court‑rooms and residences for officers (2) Training of Judicial Officers and Court personnel (3) Information and case management technologies (operation and maintenance of Court automation). (4) Web sites. (5) Equipment which include (computers, typewriters, fax machines, photocopies, filing cabinets, etc.) (6) Storage space for records (cupboards, racks etc.) (7) Kiosks (information centre about court‑fees, Court of institution, etc.) (8) Public amenities (benches, water and air coolers). All that has been dealt in details is obiectivelv meant to: (a) Restore public confidence. (b) Make a qualitative difference to governance in Pakistan (c) Strengthen the rule of law and ensure access to justice. (d) Increase pace and reduce cost of litigation. (e) Secure and sustain entitlements for vulnerable poor. (f) Strengthen legitimacy of institutions. (g) Foster investor's confidence. (h) Secure efficient time‑bound and effective judicial service (i) Support greater equity and accessibility for the vulnerable poor (j) Maintain consistency between resource allocation and mandates of reform agenda. (k) Ensure greater transparency and accountability We are to prove and demonstrate that the judiciary is organized in an efficient and functional system easier for citizens to use. With an improved working environment for the Judges presiding with dignity and grace over clean and well‑furnished Courts with access to bench book‑better library and research facilities, and increase in knowledge of law and jurisprudence through better training, workshops and conferences on legal developments, proper chambers with functioning facilities, efficient communications and computerized records, managing trial proceedings in a timely manner, and better monitoring of the management of the Courts. The conditions, in which the litigants or criminals have to wait for their hearings or the case to proceed, must become more humane. Litigants must have general awareness about the legal remedies available to them. They must have access to information to enable them to know enough to protect themselves from letting others to mishandle their cases. They must be enabled to enter the Court premises to find it clean, well‑organised and friendly. They must find sensible and dignified seating while awaiting their turns, and to see the Judge sitting in dignified surroundings with an air of seriousness that snakes the litigants see their case in a more pragmatic light so that they can move towards dispute resolution rather than prolongation. They must feel safe and secure. The vexatious and frivolous litigant must feel the Court's alert to his mischief and suffer costs for wasting the valuable time of Courts. All litigants must witness an air of organized activity well‑monitored with prompt process. We have to change the legal culture (bench, bar, litigant public and society at large) by impressing ourselves through the force of our character. I would like to conclude in the words of famous poet: "We have hard work to do and leads to lift Shun not the struggle, its God's gift" Thank you.