"It is often misunderstood that the judiciary acts against the measures and steps of the executive, but it is the Constitution which provides this important role to the judiciary to regulate the state machinery," the Chief Justice said while addressing the concluding three-day ceremony of National Judicial Conference.
A nine-point declaration was also issued after three-day deliberations among the stakeholders of National Judicial Policy Making Committee during the concluding session, which was also attended by an Indian delegation headed by Ram Jeth Malani, President of Supreme Court Bar Association of India.
"The judiciary is an important pillar and backbone of the state. The independent judiciary is the prerequisite for the stronger nation... If the judiciary is vibrant, dynamic and independent, it will not only provide strength to the other institutions of the state but also establish our credentials in the comity of nations," the CJP said.
"Since the lawyers' movement, our judicial system has earned a reputation for great integrity. The public confidence is evident from the increase in litigation. These expectations require more sense of responsibility, both on the part of bench as well as the bar,"said the Chief Justice while urging all stakeholders for commitment to face challenges.
"The rule of law has a substantial impact on the economic development. Strong constitutional and legal framework is all the more necessary to establish rule of law. The Constitution of a state determines the independence and autonomy of every organ of the state, yet subject to certain limitations and restrictions, at the same time, ensures supremacy of the law, which is essential for economic development of a country," the Chief Justice added.
Chief Justice Chaudhry acknowledged that delay in dispensation of justice was 'matter of alarm in our society' while noting that the 'fabric of justice in any legal system is destroyed by delays and the justice which is primary objective and constitutional responsibility of State and right of citizens seems denied and defeated'.
Noting that the bulk of litigation reflected public confidence and expectations from judiciary but delay, although inevitable due to inadequate strength and capacity of courts, "yet is of great concern."
He said that the judiciary has special role to play in achieving socio-economic goals. While maintaining their independence, the judges have to be aware of the social task of achieving socio-economic justice for the people.
"In a democratic society the bulk of litigation increases with the growth in population and awareness of the legal rights. Our Constitution stresses upon the right to life, liberty, property and also guarantees freedom of thought, expression, profession, etc. All just and fair opportunity shall be provided to every citizen to attain his or her fundamental rights and freedom," he added.
The Chief Justice also read out the nine-point declaration that suggested establishment of separate benches of judges for human rights cases and holding of preliminary inquiry prior to suo-motu notices by the High Courts.
It was also suggested that the Bench and Bar should work in a friendly atmosphere while maintaining a professional distance along with dignity, appreciation and respect for each other. Periodic inter-professional learning workshops should be organised to allow both tiers of the judiciary to vent their grievances and concerns to foster compassion and understanding.
The measures of deterrence, prevention and education should be applied to encounter corruption. It is necessary to strengthen the surveillance systems of the Courts, especially at district level. Malicious and false accusations against the good name of the judicial officers should be strictly discouraged and addressed with disciplinary action, the NJPMC recommended.
There is a dire need for reformation of jails to provide an opportunity to the convicts to provide such an environment to them so that after serving their term they should be reintegrated into society as responsible and law abiding citizens. The prisoners should be treated humanely and their recognised rights should be protected, it added.
Plagiarism and counterfeiting should be treated as theft, deception and robbery. This calls for a review of the ethical attitudes towards the IPR laws among the general public and the intellectual property owners by all available means. Counterfeiting medicines, syringes, healthcare devices, diagnostic kits, and other related medical equipment should be declared serious offences against humanity with enhanced punishment, the declaration added.
State-of-the-art and contextually relevant information technology must be used to solve the widely known problems of the Pakistani justice system, which brought the system to the brink of disaster. The power of IT should be harnessed in court management and case management to subsequently improve the litigant's court experience, the declaration further said.
Earlier, the visiting Indian delegation proposed increased co-operation and interaction between the members of the Bench and Bar of the two countries, which was reciprocated by the CJP. Mutual cooperation/collaboration for the cause of peace as well as trade and development and improvement in the legal/judicial systems of the two countries was emphasised during the meeting.