Address

LIST OF NOTIFICATIONS REPRODUCED IN THE My Lord the Hon'ble Chief Justice, learned brother Judges, the learned Attorney‑General for Pakistan, Mr. Makhdoom Ali Khan, respected Vice‑Chairman, Pakistan Bar Council, Qazi Muhammad Anwar, respected President, Supreme Court Bar Association, Mr. Tariq Mehmood, learned Members of the Bar, Ladies and gentlemen. I am highly grateful to all of you for assembling here today to bid my farewell on my retirement from the Bench. 2. It is indeed a cherished occasion in my life to be the recipient of so many compliments from such distinguished luminaries of the profession of law from either side for which, I am grateful to all of you. They were very generous in their compliments which, I do not deserve as, I am conscious of my limitations. However, whatever, I have achieved, I owe it all to the infinite blessings of Allah Almighty and to the prayers of all my well‑wishers. 3. I have remained associated with the profession of law for about 35 years. Half of the period thereof was spent at the Bar as a lawyer as well as a Provincial Law Officer and thereafter, more than 15 years on the Bench. 4. Whatever has a beginning must have also an end, as all of us are mortal. Today is the closing days of my sitting on the Bench, 12 years thereof were spent in the High Court and more than three years in this august Court. Throughout all this period I have always regarded myself as a humble worker though performing different duty to achieve same goal of justice for the downtrodden and oppressed people. Learned lawyers assist the Court while the presiding officer decide the same. It is the judicial system which has got a primary importance for the common man. We often quote the saying of Winston Churchil which he stated during the second world war that if the English Courts are dispensing justice, the Great Britain cannot lose the war. We must not forget that Hazrat Ali (RAD. A.) stated more than 1400 years earlier that "a country/State can survive with Kuffar but not with injustice". It is well‑established that the primary duty of the Government is to provide speedy and less expensive justice to the litigants. However, when we look around we are constrained to realize that the ordinary litigant clamour for year to secure justice. Who does not know that litigation in this country is both luxurious and full of dilatory tactics on the part of unscrupulous litigants. It takes decades for a dispute to the resolve in the Courts of law. Proceedings are conducted in the civil Courts at a snail pace and continued to be adjourned without any progress. One side enjoys the fruits of interim relief for an indefinite and indeterminable period without impunity. 5. I have always during my tenure as a Judge have discarded and brushed aside the technicalities as they are the main stumbling block in our judicial system. The process of law needs a drastic change so as to keep up with the needs of the present society. Another factor of lamentation is regarding the cost of litigation which even on minor issues has become so exorbitant as to fall out of the reach of a common man. A common man is seldom in a position to cater for the financial burden of litigation. The State shall provide help in this regard to ameliorate the, plight of the poor litigant by creating a pool of lawyers who conduct their cases ‑at State expense. 6. The judicial system of a society comprises of two but I would say three tiers i.e. Hon'ble Judges, learned Members of the Bar and the litigant public. There is a century old maxim that the judiciary and the bar are two wheels of the same chariot. Unless both synchronize in their movement, this chariot cannot role smoothly. For the success of the judicial system, there must be mutual respect, harmony, cooperation and coordination between the Bench and the Bar. Without their harmonious relationship the judicial system cannot improve. 7. The presence of the litigants in the arena of law is imperative and both Bench and Bar perform their respective duties to redress their grievance. It is a misnomer that justice is dispensed only by the Courts of law. This duty has been cast by Allah Almighty upon all members of the society whether at home or in their respective profession. If everyone is honest in the performance of his duty, then certainly there would be less litigation. When a litigant for the first time entrust his brief to the lawyer he shall not face any hesitation in giving him his honest opinion on the merits of the case. By tendering honest advice, the lawyer would not only discourage frivolous litigation but would also save the other party from uncalled for litigation and expense. 8. The judiciary has also to play dominant role to put up the wheel of justice on proper rail. This can only be achieved if the honest and dedicated persons with integrity are selected to dispense justice right from the Civil Judge up to this Court. A single dishonest appointment without consideration of the aforementioned requirements would have adverse effect upon the whole system. We often quote a letter written by Hazrat Ali (RAD.A.) to Malik‑Ashtar, the Governor of Egypt respecting the‑ appointments of Judges. If the same is adhered in letter and spirit, I am sure that this society would become worth living for mankind. I quote a para. from the said letter which is in the following terms:‑‑ "For dispensing justice, you must select people of excellent character and superior caliber. When they realize that they have committed a mistake in judgment; they should nut persist upon its justification. They should not be corrupt or greedy and must attach the greatest importance to reasoning, arguments and proofs. Pay them handsomely so that their needs are fully satisfied and they do not resort to corruption. " The real challenge to the judicial system in my opinion is that public at large have lost their faith therein. 9. As already stated above, the procedure of technicalities and the gimmickry of the fraudulent litigants have completely shattered the confidence reposed by the general public in the judicial system. I have recently noticed a case where a person gifted his property to a Yateem Khana in sixties and the Yateem Khana filed an ejectment petition in the year 1980, which was accepted by the learned Rent Controller in 1983. The appeal, the Constitutional petition and the petition before this Court was also dismissed by the year 1984. However, the other side through different methods successfully frustrated the course of execution for two decades by filing different applications. I may quote over here that the Judicial Committee of the Privy Council mane observation as far back as in the year 1872 in the case titled "The General Manager of the Raj Durbhunga, under the Court of Wards v. Maharajah Coomar Ramaput Sing" regarding the difficulties of the litigant in this part of the World and I quote the learned law lord that "These proceedings certainly illustrate what was said by Mr. Doyne and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a decree." This situation has not improved after this long period of more than one and quarter of century. Rather it has worsened and the parties suffer agonies of litigation without final determination respecting their cause for generations. I have suggested certain measures, which I need not to repeat over here but I would like to say that it is the duty of the Bench and the Bar to ensure that the litigant get its grievance redressed at the earliest. The fraudulent and unscrupulous grabbers should be dealt with an iron hand. A learned Judge stated two decades earlier in his address that he would consider that day to be a day of Salvation when no settlement case would be pending in the superior Courts. I am sorry to say that fraudulent grabbers by forging the papers and burning the record of properties of main cities have filled the Courts with bogus claims. There must be some end to all this fraud. 10. I must not be understood as having given a sermon, I have just expressed my feelings and sentiments which I have gathered throughout this long stay in this profession. If ever I have injured the feeling of anyone I earnestly seeks forgiveness. I must not forget the staff of this Court who have always received me with open arms. They all help me in the discharge of my duties. I am, again thankful to my lord the Hon'ble Chief Justice, brother Judges and the learned members of the Bar who always showered their love and respect upon me during this period. I would cherish it all, always. 11. In the end, I pray to Allah Almighty that He may shower His infinite blessing upon this institution and give courage and dedication to all committed to this duty in any manner so as to make it a (ﻞﺪﻌﻟﺮﺍﺪ) in true Islamic sense and also give us courage to honour the oath of office which shall not in any manner be regarded as an ordinary ritual. 12. Before concluding, I would like to quote Hadees‑e- Mubaraka:‑‑