Sunday 27 April 2014

Posting of judicial officers to executive posts approved


 
LAHORE: Accepting a request of the Ministry of Law, Justice and Human Rights, the National Judicial Policy Making Committee (NJPMC) on Saturday approved the posting of judicial officers to the ministry on deputation in relaxation of the National Judicial Policy.
Chaired by Chief Justice of Pakistan (CJ) Tassaduq Hussain Jillani, the committee said though the posting of judicial officers against the executive posts violated the principle of the independence of judiciary, keeping in view the difficulties of the ministry the high courts may allow judicial officers to join the law department/ministry. However, the court cautioned that in such a case the judicial officers shall sever their relation with the judiciary.

Addressing the meeting, Chief Justice Tassaduq Jillani said the judiciary would enhance the prestige of the country in the world, as it was getting the attention of foreign intellectuals by upholding the rule of law and constitutionalism.

He said compared with the previous years, an overwhelming participation of international delegates in the International Judicial Conference-2014 held in Islamabad was a proof of it. “This is a good omen,” he added.

He said the superior judiciary had introduced information technology in its system to regulate case flow management, digitisation of libraries and administrative record, SMS alert to lawyers and an electronic attendance system for the staff etc.

“However, though these initiatives have increased the efficiency of the courts, “we are still lagging behind achieving the optimum benefits of technology,” he added.

He expressed the hope that a unified integrated information system would not only foster access to important information about case flows, but also improve court efficiency by reducing the time-consuming paper-based process.

“The constitution of the National Judicial Automation Committee (NJAC) is an important step towards the realisation of this dream,” he said and added that the meeting would review the status of the automation project of the superior judiciary.

“We are passing through a crucial stage of history and are confronting various problems, including extremism and intolerance in society”, the CJ said. He said by promoting tolerance and enforcing rights of citizens, a harmonious society could be established.

The judiciary being an important organ of the state can play a vital role in promoting tolerance by ensuring the expeditious dispensation of justice, he added.

He urged that the year 2014 be declared a year of Promoting Religious and Cultural Tolerance in Society which had been approved by the NJPMC.

The committee also considered the rules framed by the High Court of Sindh to regulate the Alternate Dispute Resolution (ADR) proceedings.

The CJ/Chairman NJPMC took exception to the situation and observed that it had been more than 10 years since Section 89-A was introduced in the Civil Procedure Code (CPC) for early resolution of disputes by resorting to ADR techniques but regrettably the rules were not framed for the benefits of the provision to trickle down.

After deliberations, a committee was constituted under the chairmanship of Justice Anwar Zaheer Jamali, Judge Supreme Court of Pakistan, comprising a judge from each high court to propose uniform rules to make Section 89-A of the CPC effective.

The committee also considered the recommendations of the International Judicial Conference 2014 and observed that the recommendations made by the working groups were worth considering and, if implemented, these would improve the administration of justice and pave the way for promoting tolerance and the rule of law in society.

After deliberations, the committee approved them for implementation.

The chief justice took serious notice of the delay in the construction of district courts and model jail for Islamabad and observed that the recent suicide attack on the Islamabad District Courts, wherein precious lives of litigants, lawyers and judicial officer were lost, had prompted an early completion of projects to provide a safe and peaceful environment to litigants to pursue their cases.

The chief justice constituted a committee comprising one judge each of the Supreme Court and Islamabad High Court to oversee the projects for their early completion.

The meeting was attended by Chief Justice Federal Shariat Court Agha Rafiq Ahmed Khan, Chief Justice Balochistan High Court Qazi Faez Isa, Chief Justice Lahore High Court Umar Ata Bandial, Chief Justice Sindh High Court Maqbool Baqar and Chief Justice Peshawar High Court Mazhar Alam Khan Miankhel.

Chief Justice Islamabad High Court Muhammad Anwar Khan Kasi; Chief Justice Supreme Court of Azad Jammu and Kashmir Justice Mohammad Azam Khan; Chief Judge Supreme Appellate Court Gilgit-Baltistan Justice Rana Muhammad Arshad Khan and Chief Judge, Chief Court, Gilgit-Baltistan Justice Sahib Khan also attended the meeting.

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