Commencement of Judicial Year 2010

COMMENCEMENT OF JUDICIAL YEAR 2010-- <!--[if gte mso 10]> COMMENCEMENT OF JUDICIAL YEAR 2010-- OF HIGH COURT OF BALOCHISTAN Address by Mr. Justice Qazi Faez Isa, Chief Justice, High Court of Balochistan [March 1, 2010] Hon'ble brothers and sisters on the Bench, Attorney General of Pakistan, Advocate General, President High Court Bar Association, President Balochistan Bar Association, Vice-Chairman Balochsitan Bar Council, Vice-President Supreme Court Bar Association, Judges of the District Judiciary, distinguished Members of the Bar peace and the blessings of The Almighty be upon you all. We have gathered here today, the first day of the judicial year of the Balochistan High Court, to examine what we have achieved and what God willing we plan to accomplish. I took this seat on the 5th of August, 2009 and my companions took theirs on 7th of September, 2009. It was on account of the movement led by lawyers, by you, that reiterated the necessity to adhere to the Constitution; Pakistan's salvation and survival lies in adherence to the Constitution. The Quaid was an accomplished lawyer who spearheaded the Movement for Independence and 60 years when the Constitution, the heart of the nation, was being choked, Judges stood firm to the oath of their office and lawyers rose to defend the integrity of Pakistan. Lawyers of Balochistan should be proud, for despite your small numbers you provided leadership and strength to the Movement, which has paved the way to a greater Pakistan. The steadfastness of the Chief Justice of Pakistan, Mr. Justice Iftikhar Muhammad Chaudhry, who also hails from Balochistan, established that the pen and the voice are mightier and more sincere than either the sword or the gun. The Judges who upheld their oath of office were restored to their rightful place. By the grace of The Almighty the judiciary has emerged truly independent, owing its existence to the peoples' overwhelming and rekindled desire to abide by the Constitution. The people have placed their trust in Courts. Each and every Judge of each and every Court is expected, as their oaths dictate, to decide cases strictly in accordance with the Law, the Constitution, without fear or compromise and to the best of their ability. Anything less than absolute judicial integrity is unacceptable. As Judges have sworn to uphold the Constitution, it is the obligation of every citizen of this great nation by virtue of Article 5 to be obedient to the Constitution. This, however, is not the time to recriminate those who forgot their obligation. It is a time to build, a time to reconstruct and develop foundations. In this endeavor to reconstruct, it is our duty to refine the integrity of the system of justice which comprises of Judges, lawyers, law officers of the Federation, the Province and the law colleges which are a nursery for our nation's judicial future. And now, more than ever, we want to address our future. This Full Court Reference is to make ourselves accountable; to make the hidden, transparent. You have been called upon to comment upon performance, and to make suggestions to improve the working of the judiciary and every aspect of the machinery for administering justice. On behalf of my colleagues and myself, I thank you for availing of this opportunity through your elected representatives. We are also grateful to the Attorney and Advocate Generals for their contributions. With the Almighty's help we have undertaken the following: 1. A Judges committee comprising of all the Judges of the High Court and the Chief Justice. 2. An Administration Committee has been established comprising of two senior Judges and the Chief Justice. 3. Institutionalized Inspection of District and other courts. In this regard, at the time of inspection, the Inspection Judge is directed' to note the shortcomings and prepare for improvement. Now a file is maintained in respect of each court that has been inspected and mattes are followed-up. 4. Institutionalized the interaction of the Bar with the Bench. We now maintain separate files in respect of the each Bar Association. Matters that are brought to my attention by the Bar are carefully considered. 5. Directed the setting-up of libraries in every District Court, for use of Judges and lawyers. This requires designating or constructing a library room, installation of cupboards and shelves, providing furniture and books. I hope to have all these libraries functional by the end of this year. 6. Computers and printers for use of lawyers have been provided in most Districts and the rest will be arriving shortly. 7. Physical infrastructure has been improved and court premises made more welcoming. This includes providing new seating areas, benches, wheelchair ramps, clean toilets and drinking water. 8. Planting trees and plants. 9. The kutchery, which as you know was in deplorable condition, is being improved. A substantial area was in the possession of the police and other government departments, who were successfully persuaded to vacate. The roof was leaking, but is being repaired. Security was inadequate and has been improved. It will also be further improved by enclosing the building within one compound. All the courts are being brought within the main building. A large library is under construction. Landscaping is being done and the emphasis will be on trees and plants that do not consume much water. An underground tank has also been constructed to collect the used water from the adjacent mosque, which will then be used for plantation. If this proves successful it will be replicated at other courts. 10. Daily Cause List has been streamlined. Priority is given to habeas corpus (missing person) cases, which are listed at the top of the List every day. Serious note is also taken if official respondents do not attend to these matters. It is the principal obligation of the State to ensure the safety of citizens. 11. Branches have been directed to list on the Order Sheet the purpose for which the case is fixed along with application number(s), which improves efficiency and saves court time. 12. The National Judicial Policy with regard to disposal of cases is being strictly enforced. In all the 18 Sessions Divisions of Balochistan there remain only 272 old cases, i.e. cases instituted before 31-12-2008. In the High Court for the first time the number of old cases has fallen below four digit figures, there are now only 972 old criminal cases and only 964 civil cases. For the month that I sat alone on the Bench, 120 cases were decided and from 7th September till year end 1,012 were decided. Even during winter vacations as many as 253 cases were decided. There are now 5,072 pending cases in the High Court and 6,299 cases in all the other courts of Balochistan. With your support pending cases have been brought down to manageable numbers. 13. Lahore and Sindh High Courts have acceded to our request and have designated officers before whom pleadings to be presented before this court can be sworn/verified. We have reciprocated by designating Additional Registrar (Administration) for the same purpose. 14. Notification has been issued to facilitate litigants who do not live in the city where the High Court is situated. Pleadings can now be signed and verified before any judicial officer in the Province. This facility will save the public's time and money. 15. Lunch can now be purchased in the public canteen in the High Court at competitive prices. 16. Court ushers now wear dignified uniforms and carry silver stars; demonstrative of the respect that courts must command. 17. We too, wear distinct robes of office. Hitherto ours was the only High Court without a distinct robe. We opted for the colour green, representative of certain special trees of the Province, the juniper trees found in the North of Balochistan some of which are the oldest living life form on Earth. The date-trees found in the South of which there are reported to be 109 species, the shady kahur and the stately Quetta pine. All these trees are evergreen. The little conical design between the golden lines represents the juniper berry, dates and pine cones. Inshallah we propose to do the following: 1. Public interest cases will be taken up in the later part of the day, so that officials who are required to be in attendance can attend to their other responsibilities earlier during the day. 2. Court timings will be strictly observed. At your collective suggestion court will work from 9 a.m. till 1.30, with a half hour break, however, if there are urgent cases we will sit till 2 p.m. and under certain circumstances, even later. 3. Sibi High Court building will be completed. 4. The Bench of the High Court at Sibi to start work immediately after the appointment of more Judges. 5. Construction of the District and Sessions Court at Pishin to be completed. 6. The work on the Judicial Complex at Gwadar had stopped on account of non-provision of funds by the Government. We have taken up the matter with the Government to at least complete designated Blocks A & B out of the five planned Blocks. To facilitate and expedite matters I have also directed that the funds earmarked for the Judges Rest House should instead be used for the Judicial Complex. 7. Computerization of courts and connectivity between them. 8. Get work started in respect of judicial complexes and courts in respect whereof PC-1s have already been prepared/approved. 9. Kutchery at Quetta to be provided a designated car-parking area, internal courtyard to be improved, additional seating area for the public provided and completely renovate bathroom and upholster sofas in the lawyers' Bar Room. 10. Admission of civil and criminal appeals has been streamlined, this will also save time. Notification in this regard has been issued today. 11. Salary of District Judiciary needs to be enhanced and I have taken up this matter with the Government. 12. Promotions will be strictly on merit. You have informed us about what you expect from us and we will duly endeavor to meet your expectations. Similarly, it is expected lawyers will come fully prepared to court with relevant statutes. If a lawyer wishes to place reliance on case law, a list of such books must be provided to the Reader in the morning so that books are available at the time of hearing. Junior counsel should be respectful to their seniors and seniors should be helpful to the younger members of the Bar. Seniors are repositories of knowledge and it is expected that they will engage juniors to assist them, which would help juniors to earn a livelihood and also enable them to improve their skills. Whilst the presentation of government lawyers has improved we expect that comments/counter affidavits are first vetted in the office of the Advocate-General or Deputy Attorney General, as the case may be, before the same are filed. Counter affidavit and affidavits in rejoinder should be filed respectively four and two days before the case is fixed for hearing and not on the date of hearing. Counsel must be courteous to their colleagues and supply copies of documents to counsel for the other side before the case is fixed in court. Quaid-e-Azam concluded his address to the Constituent Assembly on August 11, 1947 in the following words; "My guiding principle will be justice and complete impartiality" the principle to which we, fully and unreservedly prescribe to. For in Quaid's words there is an undeniable truth, for justice to be administered effectively, it must be dealt indiscriminately. We sincerely hope that with your support and cooperation we shall make this High Court an example for others to emulate. I thank you on behalf of my colleagues and myself.