Karachi, Jan 13 (Online) :Chief Justice Pakistan Justice Mian Saqib Nisar has said they are not legislative and can not make legislation. Legislation and reforms is the job of law makers.
He was talking to media in after the third Sindh Judicial Conference.
He said that people should get cheap justice in the country. He said the delay in justice is a very big problem and people are complaining that they are not getting justice soon, whereas there are complaints across the world of delay in justice. Chief Justice has said the performance of Punjab government is good, they have made model courts and are in use of information technology. He added that they know well that how many cases are in delay but they have not enough resources and an attempt can be made within this ambit of law, with the present strength of judges should work hard to decide the cases soon. It is obligatory on judge to decide the case within 30 days and directed the judge fraternity to abide by it to provide justice to the people sans any trouble. He said that if the concerned institution does not support for legislation then they have to work within the available resources.
Chief Justice questioned whether the district and civil judges do not work? He said unfortunately in the criminal cases substandard investigation is conducted and does not accuse any one. He added that except Punjab there is no forensic lab of standard in the country.
He said that property of millions of rupees is being transferred orally and several acres of land is being transferred on the directive of Nambardar and questioned in what era they are living in? He pointed out that the cases of people linger on for years and exhorted the judges to decide the cases on merit and whosoever has to amend the laws he should pay due attention on this matter. He said the judge has no discretionary power to decide the case.
Chief Justice said that he even today is the student of law and there is no end of education. The duty of the prosecution is to use the modern tools. He said they have to think about whether the present system is right or not. He said that criminal cases pass through this process. Chief Justice Justice Saqib Nisar questioned whether the time spent in jail can be recalled, what is its alternate and after 8 years it is known that the case was based on lies. He said that a night spent in jail is not less than any catastrophe. He said that several people solved their problems themselves in fear instead to go to the court. He said when the case comes in the Supreme Court then it is revealed that the concerned person is innocent.
Chief Justice said that they are accelerating the process of reforms of courts and the clients will get benefit directly from these reforms and what they should do about the convicts who have spent several years in jails.
Chief Justice said that it is important in democracy that they should not interfere in the matters of others. He added that they have to see how many cases are in pending and whether the law has been updated from the parliament? He questioned is it possible for a single judge to deliver the decision of a case within this short frame of time. He added for trial one judge has 145 to 150 cases sub judice and one case takes more than two minutes and whether one judge has enough time? The blame of delay rests at the end with judiciary, he added is the judge at fault for this?
