The conference resolved that it was convinced that the recent direction of the National Judicial Policy Making Committee (NJPMC) for disposal of cases pending since 2008 was unreasonable and violated the principles of due process. The direction should be withdrawn with immediate effect. Its perpetuation will only multiply litigation rather than arrest it.
National conference of elected representatives of Bar councils and Bar associations, however, appreciated the efforts made by NJPMC for ending back log and delays in courts. The conference said the superior judiciary fares no better. Even criminal appeals are heard after years of delay and there are over 8000 prisoners on death row awaiting justice. The deficiency of Judges in the High Court is mainly responsible for this backlog of million of cases.
The sanction strength of Judges of the Sindh High Court is 40 whereas only 24 are appointed. The Lahore High Court has a sanctioned strength of 60 Judges whereas 36 have been appointed. Nomination of Judges for appointment is now sole responsibility of the Judicial Commission.
Bar leaders urge the Supreme Court that the country's leading Bars should be heard on the Presidential Reference 1 of 2012 as they are key stakeholders but their point of view has been shut out in this particular matter. PBC Vice Chairman Akhtar Hussian, PBC chairman executive committee Burhan Moazzam Malik, President Supreme Court Bar Association Mian Israrul Haq, President LHCBA Shehram Sarwar Chaudhry, Vice chairman Punjab Bar Council Ghulam Abbas Nossana, Balochistan Bar Council Chairman executive committee Munir Kakar, Mian Abbas, Ramzan Chaudhry, Ahsan Bhoon, Azam Nazir Tara, Syed Qalab-e-Abbas and others participated in the conference.
The Judicial Policy laid down by the NJPMC is possibly a genuine effort for streamlining the administration of justice and carried some fruitful recommendations. But it suffered from serious flaws and its implementation lacked due process as guaranteed under Article 10A of the Constitution, the resolution said.
The focus is on ending litigation through any means rather than the delivery of justice without delay. A large part of the policy has fallen by the wayside and some basic principles laid down for the independence of the judiciary have been ignored, it added.
The conference reiterated that the legal fraternity supported all reasonable measures taken to end chronic delays and in managing huge backlogs. Lawyers are greater sufferers of this mismanagement of decades in term of financial distress and mental tension.
The lawyers believe that while eliminating delays, justice should not be buried in the process. They are of the firm opinion that delays and backlog can best be addressed through a system of case management which is non-selective and by appointing Judges promptly to vacancies that occur. Regrettably, this has been overlooked.