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Judicial reforms

Chief Justice of Pakistan Mian Saqib Nisar remarked that judicial reforms would be launched from next week, but warned that nobody should say then that the judiciary is interfering or encroaching.” The Chief Justice made the remarks while hearing a suo motu case regarding cutting of trees on Margalla Hills. State Minister for Capital Administration Dr Tariq Fazal Chaudhry appeared before the Supreme Court, after being summoned by the apex court over failure of the Capital Development Authority to develop rules and regulations. The CJP, during the course of the hearing, enquired how much time the CDA would require to set the house in order. To this, Chaudhry asked that the court allow three months. CJP Nisar observed that rules and regulations had not even been drawn up for several situations. He then allowed two months to the CDA and instructed the officials to work day and night with sincerity to draw up the rules.

“Who is responsible for making laws around the world?” the CJP enquired, to which Chaudhry said law-making was the parliaments job. “What reforms did the parliament introduce? We will bring reform in the judicial system,” the CJP remarked, adding that the reform would begin from next week. “But this is not our job. Nobody should say then that we are interfering or encroaching,” CJP Nisar stated. During the previous hearing of the case, CJP had remarked that “we are not fond of judicial activism in any way. But we will take action on negligence of duty at every cost. We are aware of our powers and we will not go beyond them.”

The current government has failed so far to bring much needed judicial reforms in the country and the existing judicial system of the country is old and failed to deliver.

The saying ‘justice delayed is justice denied’ most rightly describes the essence of our prevalent judicial system.

The Supreme Court and high courts are constitutionally obliged to curtail the arbitrary exercise of powers by any organ of the state as their main role is the protection of fundamental rights of citizens under all circumstances. While maintaining the supremacy of the constitution and rule of law the courts should also ensure the quick disposal of cases pending with them.

Country needs comprehensive reforms to remove obstacles in the dispensation of justice. Great challenges lie ahead to revamp the entire judicial system. The main purpose of judicial reforms should be to eliminate unnecessary litigation and unnecessary delay in dispensation of justice. We hope that Chief Justice will take steps to bring tangible reforms in the Judiciary.

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