Speech of the Chief Justice of Pakistan in the Concluding Session of the Conference on Implementation of the National Judicial Policy
Honourable Judges of the Supreme Court of Pakistan;
Honourable Chief Justice of Federal Shariat Court;
Honourable Chief Justices and judges of the High Courts;
Learned District & Sessions Judges and Judges of Special Courts;
Learned members of the Bar;
Distinguished law officers, public officials, heads of law enforcement and prosecution departments;
Ladies and gentlemen!
Assalam Oalaikum!
I would like to thank you all for your participation in this two-day conference to deliberate upon the ways and means of implementation of the National Judicial Policy 2009. It is a rare occasion that the issues relating to the dispensation of justice have been discussed at such a high forum with the participation of all the stakeholders.
As has been already stated, this conference has been held against the backdrop of the very serious and disturbing events that have recently unfolded in some parts of the Federation. In the past, there have been those who have suggested that the system of justice is perhaps not the foremost issue for the people of Pakistan. The events of the past two years have, more positively, and the events of the last few months have, in a different way, suggested that for the people, in one way or another, having an effective and efficient system of justice, that addresses and fulfils the aspirations of the people, is an utmost priority. I cannot help to notice though, that in the past, the stakeholders in the justice system have not been entirely successful in meeting the aspirations of the people. Both the criminal and civil justice system suffer from unacceptable delays, mismanagement and varying degrees of corruption. All the stakeholders in the system must take responsibility for this, and I am glad to see that all of them are present here, showing that they are committed to eradicating these problems through effective implementation of the National Judicial Policy. The relevant calm after a the turmoil of the past few years has also enabled my brother Judges and I to take a more active role in this regard, and I reiterate our commitment not just to the Policy, but also its greater strategic objectives.
The Policy, as most of you are aware, has a very broad ownership. It came into existence after extensive consultation at all concerned levels and sectors, and therefore is already reflective of the collective wisdom of those involved in the administration and dispensation of justice. These past two days have helped us in getting a better understanding, of not just the issues involved, but the practical steps, at both horizontal and vertical levels, that are to be taken to implement the Policy. My brother Judges at the Supreme Court of Pakistan, High Courts, and I, are committed to the aims of the Policy and will endeavour in every possible manner to ensure its implementation, in letter and spirit. Very useful input has been received from the respected members of the Bench and Bar at the District Level, who have assured us that the aims of the Policy, especially those relating to the clearance of backlog and reduction in delays, shall be met by mutual cooperation by these two arms of the legal fraternity. In this regard, a special mention needs to be made of the responsibilities of the District and Sessions Judges. They will be the front line in the implementation of this Policy and must ensure that its aims and objectives are well known and understood by those working under them in the Districts and Tehsils. To bolster their ranks, we have already recalled and repatriated judges to their true calling. This step was also essential to ensure that the judicial officers are protected from the public criticism which comes with executive jobs, but from which Judges are protected by virtue of their office. I would like to take this opportunity to also inform the members of subordinate judiciary of the high regard in which my brother Judges and I hold them and their work. You carry out your work in the most difficult conditions, at far off places, and we thank all the judicial officers for their service. At the same time, you are the face of the judiciary to the common man in Pakistan, and your character must be unimpeachable. I hope that in cooperation with the Bar, you will be able to implement the Policy and its objectives and further enhance the esteem of your offices.
To the Bar, I say that the whole Nation supported you in your historic struggle and now it is time to repay the faith the Nation has in you. Without your cooperation, the implementation of the Policy is not possible. I urge upon you to take the message to your members, to fully cooperate with the judges to eradicate the problems and implement the policy.
The cooperation of all relevant governmental agencies is crucial, in not only in eradicating the present ills, but also in achieving future strategic goals. We need more courthouses, more judges, more facilities, more resources and more commitment to meet the growing needs of the people regarding the justice sector. I am pleased to note that the representatives of all the relevant agencies have pledged their full support in meeting the challenges, present and future. We also take cognizance of the difficulties faced by these agencies in doing their jobs related to the administration of justice, and we shall endeavour to harmonize the work of the Courts and related agencies in order to ensure effective implementation of the policy. To this end we call upon the government authorities to fully support the agencies by strengthening their capacity at all levels in order to facilitate the objectives of the policy.
Despite the problems and the dissatisfaction of the people with the present performance of the system, one must commend the large majority of the nation for having faith in the principles of justice, rule of law and due process. This enduring faith has sustained itself through periods of violence, undemocratic rule, and the constant hardships, economic and social, faced by the people of Pakistan. This faith, in turn, burdens all of us with a heavy onus. I have no desire to dramatize the current predicaments of the Nation, but it would be no exaggeration to suggest that we truly are at a crossroads. The state and its institutions, including the judiciary, are a reflection of the collective aspirations of all the people of Pakistan. They cannot continue forever if they continue to ignore those collective aspirations. We are fortunate though, that in the past two years, the Pakistani society has shown us its resolve and ambition to have a fair and effective system of justice. We have been sent a message by the nation, that we are people who aspire to live under the umbrella of the rule of law, constitutionalism, and effective justice. We cannot choose to ignore this message now. We must let the people know that we are committed to their aspirations. To those who have taken to violent means to resolve their disputes, we say, that Justice system in Pakistan is dedicated to improvement and to the satisfaction of our Nation’s objectives. This Policy is the first step towards these objectives. It will be the first of many. My brother Judges and I shall continue to monitor its implementation, and will also continually work to further the aims of the Committee in collaboration with the Bar and the Government. We shall continue to strive in this direction, until we meet our objective of accessible and effective justice for all in accordance with the diktat of the Constitution, and vindicate the faith placed in all of us by the people. It is only through achieving this goal that Pakistan can move forwards towards social justice and economic prosperity, and go on to the path towards truly becoming a welfare state, as envisioned by the Quaid-e-Azam and the founding fathers of Pakistan.
Fifth of July marks a sad day in our constitutional history. This day, thirty two years, ago the country’s fundamental law namely the Constitution was suspended and the democratic process thwarted. Today, thirty two years later, by the Grace of Allah, this representative Conference of the judges of courts at all level of judicial hierarchy, representatives of the bar from all over the country, federal and provincial public functionaries of justice-related departments/agencies, sitting under one roof, has issued a call for strict adherence to constitutionalism and rule of law, and the country is being governed under a democratic dispensation.
Let me reassure the participants that the recommendations of this Conference and a subsequent conference of the District judiciary of the whole country will be considered in a meeting of the National Judicial Policy Making Committee for adoption. I once again thank you all for being present here, and for reaffirming your faith in the aims and objectives of the Policy. The cooperation of all present here, and their organizations is vital to achieve its objectives, and I am confidant that the pledges made here in the past two days shall be kept over the coming days and months. I look forward to the days when with your cooperation and all our efforts, we can live in a Pakistan where Constitutionalism, rule of law and accessible and effective justice for all are not just aims but realities, that we bequeath to the future generations of Pakistan.
Pakistan Painda Bad.