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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