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CJs adopt 21-point agenda

Steps proposed to strengthen lower judiciary

MEHMUD AHMED

ISLAMABAD: The Chief Justices of superior judiciary have adopted a 21-point agenda to institute special benches at provincial level for disposal of cases about collection of public revenue and bank dues, to strengthen the subordinate judiciary, pursue with the federal government for the implementation of various recommendations of the Law Commission and accord priority to cases of widows and orphans for administration of estate.

The Chief Justices Committee, led by Chief Justice Irshad Hassan Khan, also decided to continue with the practice adopted a year ago to work almost through the summer and help clear the backlog and hold their conclaves frequently to oversee the "backlog crises in the superior judiciary as well as in the low judiciary," and decide on steps to improve the administration of justice.

The one day session of the committee was held here on Saturday and was attended by the heads of the High Courts of Peshawar, Lahore, Sindh and Balochistan.

They also expressed the opinion that the present salaries of all levels in the subordinate judiciary and also the secretarial and personal staff of the judges of the superior courts were low and the situation needed to be remedied.

Addressing his peers, Chief Justice Irshad Hassan Khan called for full utilisation of existing human resources and strict and regular supervision by the High Courts to ensure better performance.

He said mere addition in the number of judicial officers or court may not furnish a lasting solution to the problem of backlog unless the allied facilities like the adequate court-rooms, well-stocked libraries, and trained support staff were also provided.

The Chief Justice also emphasised the need for training of judicial officers and also their terms and conditions of service, as was recommended by the Law Commission.

The recommendations made by the committee were: initiation of processes for filling up the existing vacancies and also for increase in the strength of the subordinate judiciary in a phased manner after making adequate arrangements in the infrastructure; and long-term measures for improving the administration of justice as highlighted by the Law Commission reports on criminal justice system and the juvenile justice system and also the suggestions of Chief Justice in the case of Sh: Liaquat Hussain vs the Federation last year.

The Chief Justice called for enhancing the strength and capacity of the system and administration of justice to resolve the backlog and for evolving measures for inexpensive, expeditious and just disposition of cases.

They decided to re-send the copies of the Law Commission Reports and also the above judgement to the Ministry of Law for immediate consideration and implementation by the federal government; institute special benches in High Courts for exclusive disposal of "matters relating to collection of public revenues, bank dues on day-to-day basis or as nearly as possible.

Chief Justices of the High Courts shall nominate one or more judges, for a period of one month, at time rotation, to exclusively monitor the working and functioning of the subordinate courts as well as the courts established under the Anti-Terrorism Act, 1997.

They decided to continue with the practice of working through most of the summer vacations to clear the backlog crises. The Provincial Chief Justices would evolve strategy for clearance of backlog in their jurisdictions and to hold frequent sessions of the committee to review the crises in the superior courts as well as the subordinate judiciary and enforce measures for improvement in the administration of justice.

The committee called upon the Bar to work "in unison with" the Bench with a view to alleviate the sufferings of the litigant public.

The committee also instructed the subordinate courts "to be vigilant and effective by ensuring that investigations are quickly completed by the police and the challans are timely submitted" to the courts.

It also made it compulsory for the district and sessions judges in the country to be "responsible for the integrity and expeditious disposal of the work of the subordinate courts, and asked them to send monthly reports to their Chief Justices on the progress in their areas.

Cases of widows, orphans, suits for administration of the estate of the deceased persons and other small disputes are to be decided within one month of the notice to the parties.

Similarly, family disputes including cases of custody of minors, maintenance, dowery, etc, shall be disposed of at the latest by May 31 next. The same time-frame has been fixed for suits for ejectment from houses.

In such cases, the committee asked the subordinate judiciary to issue notices on the parties within three days from date of receipt of these instructions and decided to call for a list of such nature pending from the subordinate courts within next ten days.

As regards the criminal cases punishable with terms of not more than two years, the Committee called upon the subordinate courts to dispose them of within two months.

The Committee asked the Chief Justices to compile a list of judicial officers in the subordinate courts "alleged to be corrupt" and initiate prescribed disciplinary proceedings against them in a "fair and impartial manner" as prescribed in law and principles of natural justice.

Judicial officers alleged to "be inefficient or not punctual" should be provided an opportunity to improve their performance within three months, failing which prescribed disciplinary proceedings should be initiated by the Chief Justices of the provinces.

The committee also decided to convene a meeting of District and Sessions Judges on Sunday (February 27) at the provincial capitals for briefing them on its decisions and urging them to ensure their implementation.

The staff members of the Chief Justices said instructions had already been relayed to such judges with instructions to immediately leave for their provincial capitals.

The committee reminded the judicial officers about the laws and established principles laid down by the superior courts in the matter of bail in non-bailable offences and keep their case histories in view while deciding their requests.

The Chief Justices also examined the possibility of giving appreciation certificates to subordinate judges with "excellent performance in the clearance of backlog".