REDOING OUR JUDICIARY

Anything assigned the stature of being supreme does invite scathing criticism even on sitting on the fence before crumbling under its own weight. Majority of the humans too tend to belittle or undermine instinctively something that claims its existence in superlative category and in this scenario they have not spared (although incorrectly) even their Creator Lord.   
In the backdrop of above mentioned aspects and of the on-going politico-judicial mêlée it is fairly pertinent to suggest that we debate to dismember and reconstruct our judicial system from its debris. I am not talking about the sharp edged building of the Supreme Court of Pakistan in the otherwise serene environs of Islamabad, the beautiful. I am talking about the piercing political mindset of our political leadership, important but cunning bureaucracy and the lord judges in the backdrop of the non delivering nature of our politico-judicial system mired due to corruption and corrupt practices.  
Every functioning/nonfunctioning day of each court costs billions to this nation. This becomes awfully painful when the result of that hugely costly day is simple zero. This aspect alone demands and justifies a surgical strike on our judiciary to make it a cost effective and delivering institution. So, dear countrymen! Let us redo instead of undoing our judiciary.
A national commission composed of suitable persons may be given this gigantic task under the chairmanship of the Chairman Senate by appointment. This commission formed as an act of Parliament should function till the completion of its task including corrective overseeing of the performance of new system for at least seven years. The commission may follow the under mentioned guidelines:-
1.      Judiciary functions as an autonomous body. Judicial system is home grown, suiting our basic religious teachings, blending with the prevailing social environments and providing justice at the door steps of every complainant without many frills.
2.      Judiciary may be five tiered corresponding with administrative functioning (i.e. village/town, Tehsil, district, province and center). The first tier should be elaborate and strong to take the maximum work load.
3.      The new judicial system may have a central police force tasked only to make the accused and the witnesses available in the court. The role of lawyers could be investigative and integral to the system aiming at facilitating the provision of speedy and inexpensive justice as against pleading their clients in private capacity.
4.      The aura of lordship is replaced with the sense of service to the citizens. The complainant and the accused must be heard by the judge in person. Piety as against pillage must form the central pillar of judicial functioning and the role/conduct of its functionaries.
5.      Every case must be decided within a maximum of five hearings. There may only be ONE right of appeal that should get satisfied in a maximum of two hearings.
6.      Record keeping should cater for modern available tools. National data base is linked with every court room.
7.      Enforcement of final judicial decisions may rest with the concerned state departments. Head of every concerned state department must report implementation to the state judicial system in person.
Above may be aired to the public for initial debate and input for subsequent deliberations. The proposed national commission may give wide publicity to its ponderings and keep the public suggestions in sharp focus for subsequent redress. The new system and any subsequent alterations in it may be approved as an amendment to the constitution.    
    

By
Syed Sarfraz Hussain Naqvi
Sadaat House, Mal Pur, Islamabad
0332-5148200


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