Basic Reforms Required in Judiciary
The judiciary and judicial system of Pakistan and AJ&K are needing to be reformed as for judiciary the induction should take place only right from very beginning level of Judiciary as in Army and all the other Civil Services and hence the Articles of Constitutions of Pakistan and AJ&K, which are devising direct induction at higher level of Judiciary on the basis of experience regarding practice of advocacy in Higher Courts and selection by choice are needing to be abolished.
That the initially inducted judicial officers generally have different temperament and attitudes hence they generally remain isolated from society, but their capacity building courses and passing of exams regarding every promotion and their proper scrutiny should also be part of their norms to be judged for continuity and further promotions / elevations. Also at bar level some fair mechanism of approval by concerned bar through silent voting can also be adopted for the suitable ones from among the panel of Judges to be considered for next higher promotion, as the lawyers of concerned Bars generally know better about the judges and their capabilities.
The selection from practicing lawyers must be discouraged as the practicing lawyers have many social ties and personal deep concerns in society of every kind then how by being judge such a person can get out of such social ties and personal concerns of society and can have complete isolation from any such social ties? Also, political and other maneuverings for the appointments and placement of judges are observed, which further politicizes the structure of judiciary badly, which are generally observed in society. Thus, even any good and dynamic lawyer creates a lot pressure over lower Judiciary as well and the Lower Judiciary generally gets suppressed, by predicting that the one may become judge of Higher Judiciary in future and by then be having all the powers over them as well and hence may become revengeful too. Also generally such lawyers by becoming judges behave very poor and play with others by having revengeful attitudes in them regarding their regrets of past by being lawyer and even forget to observe the code of conduct which applies over them, and usually behave like lawyers during arguments in courts as well and forget that they are the judges, who have to hear, listen and observe the cases and instead of them, their judgments should speak in objective sense and not to be subjective.
That when by being a lawyer one keeps on taking vexatious and frivolous stances and malign the facts in their cases to win at any cost by hook or crook, then how by being judge any such person can ever be fair? Also some strict code of conduct over the lawyers needing to be applied not by only the bar but by the judiciary as well and vexatious stances must be punished under Sec. 35-A of CPC as well as due criminal proceedings under PPC be initiated against all such lawyers and their clients.
That the lawyers wear black coats to symbolize their protest against the crimes in society symbolically, but it is a well-established fact that generally the crimes are being protected by the lawyers. So, it can be safely said that in general the lawyers play role of crime protectors instead of protesters against crimes in society, but it is clear by being Muslim that they may not be caught here in this world, but they may never be exempted before Allah. So, to every part of our society we need reforms that we may not be needing angles to run the system in better manner, but general people prove to perform rightly in result of better devised system.
We must see the basic flaws producing any wrong in our society and hence root causes are to be addressed to achieve ultimate better results.
A system of Jury consisting of character full and notable people from among the retired judges, senior lawyers, retired senior bureaucrats, retired senior army officers, journalists, Islamic scholars and notables of society must be introduced in every courts of trials and appeals in Civil as well as Criminal to have check over the Judicial Crimes and Corruption as well as to every case all proceedings before the Courts must have video and audio recordings and must be available if so requested to be able to produce in further proceedings as well and wherever so required as in practice in Canada and most of the European Countries, which is a felt need of society to improve the quality justice in society.
The academic and other records of lawyers must also be re-observed by the Bars and Judiciary as many fake degree holders of LLB or even without any degree are actually plasticizing law and they must be scrutinized by Bar and Judiciary.
The Judiciary must also be held accountable and for any case if for same facts the judgment of Appellate Court differs from the Trial Courts by not applying proper law and remain failure to resolve question of law against the established facts then the Appellate Court must also address such poor judgment by the Trial Court and Lower Courts, even may penalize the Judiciary as well as it applies in all the other Civil Servants, as who so ever is not held accountable never observes due responsibility in discharging their duties. It is astonishing that almost everybody is accountable in our society but only the people who are supposed to be the custodian of law are literally exempt from any accountability and this is the only reason such a noble profession is not getting that importance, trust and worth in our society.
The Judiciary must deliver objective judgments and not the subjective judgments, also in every judgment the root causes must also be addressed to bring permanent betterment in society instead of addressing the only issue in question before the Court, thus the society may start traveling towards right path. Also, the role of lower judiciary in right direction will reduce pressures over the Higher Judiciary. Compensations to parties who prove to be right must also be awarded to discourage the parties on wrong to encourage people for to fight for right. Also the Courts must be bound to strict time frame to provide their Judgments from the launching dates in any case to be processed by the Courts of Law and for to exceed the duration to provide Judgment from launching date of case, the Courts must have to record clear and well justified reasons in Judgments for the delays occurred in delivering delayed judgments and if the reason be not found well justified, then such Judge must be held accountable and must suffer for the undue delay in accordance, hence clear laws in this regard are requiring to be framed.
All the Tribunals which have the appellate Court of the Honorable Supreme Court must never be under Administration of Government but must be the part of Judiciary only.
That for selection of Judiciary, Judicial Officers and regarding all the other selections on merit the guide lines may be had from the procedure laid down in Judicial Appointment Commission (JAC) UK.
May Allah provide us with good and qualitative Leadership, Justice, System and clear sense of discrimination between right and wrong in totality for to become a leading Nation, as we badly lack in all the basic four aspects and every three of four are dragging down the fourth to worst.
If the Courts be delivering indiscriminate and strong objective justices none of the even worst Government could ever deviate from quality governance. Also, an effective mechanism of Alternate Dispute Resolution ADR is requiring to be launched, for better resolutions of cases, to have early judgments and to reduce load from the judiciary as well. Law of Cost of Litigation 2017 for Capital territory Islamabad must be adopted for all Pakistan and AJ&K as well and must be brought under effective use too.
But for so sure all the flaws of any state is the prime responsibility of leadership in power to address and none others.
Engr. Kamran Hafeez Chohan
B.Sc. Civil Engineer & LLB
Advocate High Court
Brick By Brick (BBB),
Legal Consultancy & Services,
Chamber No. 10, Street No. 5,
Qamar Anayat Raja Block,
Cell # 03009509948 / 03438821700 / 03131226888
Manzil-e-Murad Party MMP