Welcome Address

SUPREME COURT BAR ASSOCIATION'S DINNER IN HONOUR OF MR SUPREME COURT BAR ASSOCIATION'S DINNER IN HONOUR OF MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY, CHIEF JUSTICE OF PAKISTAN Welcome Address By Malik Muhammad Qayyum, President Supreme Court Bar Association of Pakistan [21 January, 2006] Bismillah Ir Rahman Ar Rahim First of all, all praise and thanks to Allah Almighty who grants us life, fortitude and success and has put us on earth and guided us to administer our affairs in a just and true manner. My Lord Chief Justice of Pakistan, Honourable Judges Supreme Court of Pakistan, Honorable Chief Justice Lahore High Court, Honourable Judges Lahore High Court, learned Attorney-General of Pakistan, learner} Advocate-General, Members of the Bar and my learned friends, it is indeed a pleasure for me to address such an august gathering and to welcome you all today on behalf of the Supreme Court Bar Association of Pakistan (SCBA). The purpose of this event is to honour the learned Chief Justice of Pakistan and his fellow Honourable Judges and to demonstrate and reiterate that the Bench and the Bar are two wheels of the chariot of justice and indeed today both are making efforts for the betterment and prompt provision of justice. Previously, the relations between these two essential components of the machinery of justice had disintegrated to an unfortunate extent and the two wheels were so to say out of alignment. So much so that previously the Bar and Bench did not restrain themselves from seeking to humiliate each other, much to the dismay of the nation. This event and other future ones are aimed towards improving the relationship. This dinner is unprecedented and resultantly historic; it is the first time that Supreme Court Bar Association has honoured the Chief Justice and Judges of the Supreme Court with a dinner in the historic city of Lahore and in the landmark surroundings of the Lahore High Court, Lahore, which has been the site of administration' of justice for more than 170 years now. Justice is the dream and desire of every person in the land. Indeed it is one of the attributes of Allah Almighty and to sit in judgment upon persons on Earth is a sacred trust of the Lord Almighty and an onerous responsibility. This event is also intended to assert the support of the Bar for the Bench in discharge of this onerous responsibility. We undertake by being here that the Bench in upholding the Constitution, human rights and deliverance of justice to the common man will find the Bar as its greatest supporter. Such a strong relationship is of course the main, if not the only, protection the Bench can have against executive interference and especially so in a time when the Executive is ever powerful and other organs of State are underperforming. I will take the opportunity at this gathering to raise a few concerns of the Bar before the Bench. I hope your Lordships will not mind me putting before you a few of the comments that I have gleaned from my interaction with the various members of the Bar. I rather deem that it is my duty as a representative of the Bar to bring to your Lordships some of the feelings of the Bar at large which require addressal in a constructive spirit. The image of the judiciary previously certainly required uplift and is now steadily improving. I am a firm believer of the fact that the direction of a Court is given by its incumbent Chief Justice. In this the credit for the improvement must most certainly be given to the Chief Justice of Pakistan for his vigour and foresight. We pray and hope that he shall continue his stewardship of the Court in the same spirit and the Court shall live up as the defenders of the Constitution and the rule of law. We also appreciate that the face of the Court has changed with some new vigorous additions to the accomplished and wise old hands already on the Court. We certainly have high expectations of this new and very Honourable Court. It is highly creditable that the Bench has taken to broadening its jurisdiction in the area of public interest litigation. It has quite rightly been noticed by my Lord the Chief Justice that the breakdowns of administration of justice in various notorious cases negatively tend to affect the name of the Country internationally and certainly demands prompt and immediate redressal. This is certainly creditable in that this Honourable Court has taken up various social issues in its constitutional jurisdiction. We are certainly impressed by the Honorable Court's belief in wanting to do the right thing. We do however also request that this spirit be extended when the time comes to strike down the excesses of the ever-powerful executive. From the validation of the present regime to the Seventeenth Amendment decision wherein the Court seemed to deny the doctrine of basic constitutional features and its responsibility to protect the same, the Bar has resounded with disappointment. It is time for the Judiciary to assert itself on the executive and the true spirit of the 1973 Constitution be restored. In this struggle the Judiciary shall at all times find us in its support and indeed as the first line of defence. There are also certain glaring cases which continue to trouble the mind of the common man as regards the image of the Superior Judiciary. Javed Hashmi is one instance. Yousuf Raza Gillani is another. Moreover, currently, the popular political leadership of the land stands in exile. The Supreme Court has already held that exile is not a punishment countenanced by the land. These exiled leaders should all be called back and required to face all the cases outstanding. against them and to participate in the political process. Certain cases of urgent environmental import also remain pending while grievous harm is being done to the environment. We hope the same will be addressed post haste. Furthermore, the manner in which the orders of this Honourable Court have at various times been flouted is certainly heart-rending. I refer in particular to the Shahbaz Sharif case wherein the Government rendered to naught the words of the Honourable Supreme Court so as to shock even the international community. But let us not talk about the past. Today, the nation is going through some of its most troubled times. I urge the Honourable Supreme Court - as the only currently respected, properly functioning and fair-minded branch of the State - to take cognizance. of the schism developing over action in Baluchistan and the violation of our national sovereignty at Bajaur. Even the Dams issue can - I suggest - be taken up before this forum. Many other ideas for positive constructive action come to mind. I will not delve in those due to paucity of time. My suggestions are merely to indicate that the Supreme Court today can do a lot. It carries a promise of justice and fairness with it. We propose and indeed expect the Court to live up to our and the Nation's expectations. Removed from these higher matters of State, credit must certainly be given to my Lord the learned Chief Justice for his dealing with the Bar: He has from the outset given us time and his support and help in solving Bar disputes and concerns. He has even time and again taken to mind and acted on various constructive suggestions we have given regarding the administration of justice. The rooms at the Supreme Court Islamabad have been returned to the SCBA and have been received with thanks. There had been previously problems with early fixation of cases before the Honourable Supreme Court. Once again the learned Chief Justice has been pleased to accommodate us all and ensure the prompt fixation of cases. Further dialogue and mutual support continues on a wide variety of issues. These days it seems that the emphasis of the Bench is on disposal. Indeed, with the huge backlog of cases, it is quite understandable and justified to focus on disposal. However, this should not certainly be done at the cost of justice and a fair and patient hearing. Today some members of the Bar complain that they at times do not receive a patient hearing or that various Judges, with respect, are short with them. Considering that the Supreme is the Court of last resort, we implore the Bench to be patient and certainly less stringent with relief. Certainly the Court of last resort ought not be Court of technicalities and should indeed seek to do complete justice as mandated by the Constitution and even satisfaction to the litigant. We are also grateful that the learned Chief Justice is minded that the need of the hour is minimize the cost of access to justice and in this regard has been pleased to accept our suggestion that regular Benches be established at each of the provincial registries. Our suggestion is that appeals in matters other than those of constitutional import may kindly be heard at these local registries so as to reduce the cost and inconvenience to the litigant. We have also noted with concern the recent decision by the learned Chief Justice regarding imposition of costs and fines for bringing what would be considered to be frivolous cases before the Honourable Superior Courts. We respectfully suggest that that may not be the proper and just course of action for the Court of last resort to take. Determination of frivolity would certainly be a subjective exercise and what may seem frivolous my Lords the respected Judges may well mean the world to a troubled litigant. To saddle such a person with costs would certainly not be fair and may well be denial of access of justice which is a fundamental constitutional right. I would also briefly like to take a few moments at such a huge gathering of our members to update this gathering of some of our more recent achievements for the betterment of our members. We have since taking office striven to do a lot for-the upkeep of the common lawyer. To that end we have held various free health camps and seminars with the leading doctors of the land. Free health coverage for all SC lawyers has been notified by the Government as our initiative. A plot for construction of a bar complex in Islamabad has been identified and we expect to be given possession of it soon. The Minister of Law has undertaken that all expenses for construction of the said complex shall the responsibility of the Ministry. Moreover, the Ministry shall make contributions and additions to our libraries at various registries. We have also undertaken renovation and provision of libraries and computer facilities at all registries. We have obtained a sanction of more than Rs. 150 Million for the betterment of our legal community. Also rest assured that we shall ensure transparency and audit of the same amounts. We have even undertaken development of modern modes of communication: A demo version of the Supreme Court Website is already online in trial version at www.seba.org.pk and we request all members to comment on the same and make suggestions for improvement. We plan to launch the same in a fortnight and would again be requesting the Honourable Chief Justice of Pakistan to formally initiate the same. We are also in the process of preparing a quarterly legal journal and monthly newsletter for all lawyers. The list goes on. I briefly mention these, as we would appreciate broader participation and feedback from the community, the Bar and the Bench. I will quickly use this opportunity to bring up a few other issues. I use this platform to suggest to the Government and particularly the Minister of Law who is part of our community, that there should be budgetary allocations for various bar associations as opposed to various ex gratia help from the Government which is unbecoming to the dignity of our various associations. Lastly, I must thank the Chief Justice of the Lahore High Court for the cooperation tendered by his goodself in permitting us to use these lawns. His kindness shown to the Supreme Court Bar Association continues to date and needs to briefly be mentioned: Recently, about 300 members had approached me for the restoration of the gas connection to the High Court Bar. The Honourable Chief Justice was pleased to accept my request in the matter and order reconnection in the next two or three days. Similarly when an unfortunate incident regarding punishment for contempt of a lawyer who is also a SCBA member took place, the Honourable Chief Justice though out of station when contacted by me, was pleased to order that the appeal in the proceedings to be entertained even after Court hours and a Division Bench was constituted. I am also thankful to the members of the Division Bench who assembled at about 5 p.m. to hear the appeal. I must also bring to your kind notice that this incident was blown out of proportion by persons with vested interests who wanted to exploit the same by seeking to boycott this positive gathering. Their unfortunate designs were defeated by the prompt action of the Honorable Lahore High Court and the Bar. In conclusion, I reiterate that I and my colleagues have the greatest respect for the institution of the Courts of Law and indeed hope one day to have them developed to a state which is a shining example for the world to see. Indeed the respect of the Bar is very much linked to the respect and dignity of the Bench. Agar Court Ki Izzat Hai Tau Siraf Tab Hi Wakeelon Ki Izzat Hai. We here and now pledge to be the protectors of the Superior Judiciary. We also however expect the Superior Courts to be true to their oaths to protect, preserve and defend the 1973 Constitution and ensure the prevalence of the rule of law and protection of human rights. Lastly, I thank my Lords and the respected members of the Bar again. I hope my Lords would have taken my comments in the same constructive spirit in which they were intended and once again thank you all for your attendance and participation as surely we are all enriched by your presence. We hope that you will continue with your support and participation by attending and indeed in helping to organize our events and various facilities. I thank you. ***