ADDRESS BY :

THE HON’BLE CHIEF JUSTICE OF PAKISTAN
MR. JUSTICE IFTIKHAR MUHAMMAD CHAUDHRY

On the Occasion of opening ceremony of
New Judicial Year 2011-2012

12^th September, 2011
SUPREME COURT OF PAKISTAN

My Brother Judges;
The Attorney General for Pakistan;
The Vice Chairman, Pakistan Bar Council;
The President, Supreme Court Bar Association;
Members of the Bar;
Ladies and Gentlemen;

Assalam-o-Alaikum!

On my own behalf and on behalf of my brother Judges, I welcome you to the Opening Ceremony of New Judicial Year 2011-2012. The Ceremony has become a regular feature of the Court calendar and is observed for a purpose: This is a solemn occasion - an occasion for annual stocktaking, to know as to where do we stand today and which direction to follow. What was planned last year and what are the results; and if there are any shortcomings, the reasons thereof.

The Ceremony is also an occasion to renew our pledge and determination to keep the course: the course of adhering to the norms of the Constitution and dispensing justice to all and sundry. To apply and enforce the Fundamental Law of the land and ensure that all institutions and authorities work under it. To guarantee that all citizens, irrespective of their gender or caste or colour or creed or social or political origin are equal before the law and entitled to equal rights, equal opportunities and equal protection. This is indeed a tall claim, but let me assure you that with the cooperation of my brother judges and support of the bar, we will make relentless efforts to protect and enforce the fundamental rights. We have to keep our oath: "preserve, protect and defend the Constitution" and "do right to all manner of people, according to law, without fear or favour, affection or ill-will."

Before moving on to other issues, let me at the outset, acknowledge in our midst the presence of our distinguished colleagues, Mr. Justice Sarmad Jalal Osmany and Mr. Justice Amir Hani Muslim, who were elevated to this Court during the preceding year. We also bad farewell to some of our stalwarts namely Mr. Justice Rehmat Hussain Jafferey, Mr. Justice Khalil-ur-Rehman Ramday, Mr. Justice Raja Fayyaz Ahmad and Mr. Justice Javed Iqbal, who laid the robes of their offices during the course of previous year.

An important determination we annually make on this occasion is to address the twin problems of "backlog" and "delays", faced by the Supreme Court as well as other Courts at different level of judicial hierarchy. It is, therefore, an occasion to present a brief account of steps taken in the direction of addressing the huge pendency in the superior Courts as well as district judiciary.

The growing rate of litigation and backlog of cases at various levels of judicial system is an area of concern for all. In order to address the issue of backlog and ensure expeditious and qualitative justice, the National Judicial Policy was launched on 1st June, 2009. No system in the world can achieve the desired results, if it has not been reformed with changing needs of the society. The Policy provides an inbuilt mechanism to incorporate new measures and methods, as required by the emerging realities. The National Judicial (Policy Making) Committee this year also conducted National Judicial Conference which was held on 22nd to 23rd April, 2011 to provide an opportunity to revisit the National Judicial Policy, and to discuss the contentious issues, on the basis of the past one year experience and to suggest reforms and innovation. Apart from other relevant stakeholders, the bar was fully represented. The findings and recommendations of the Conference were duly examined by the National Judicial (Policy Making) Committee and have since been incorporated in the National Judicial Policy. The Policy produced positive results, which I will share with you in a short while.

As regard the backlog of cases in the Supreme Court, it is stated that from 1st September, 2010 to 10th September, 2011, 15,027 cases including 10,445 petitions, 3,713 appeals and 869 cases of different categories were instituted and during the said period whereas 15,262 cases were decided including 9,695 petitions, 3,738 appeals and 1,829 cases of different categories. To give you further break up at the principal seat, Islamabad 7,173 new cases were instituted and 8,290 cases were decided, at Lahore Branch Registry 4,733 new cases instituted and 4,462 cases decided, at Karachi 1,570 new cases instituted and 1,535 cases decided, at Peshawar 1,144 new cases instituted and 784 cases decided and at Quetta 407 new cases instituted and 191 decided. Some 19,558 cases were pending on 1st September, 2010 and since then 15,027 new cases were instituted, thus taking the tally to 34,585 cases. With the disposal of 15,262 cases, the current pendency stands at 19,323. In addition, the Human Rights Cell under the Public Interest Litigation jurisdiction has been redressing the grievances of the aggrieved persons. In September 2010, 15,263 cases were pending and since then 52,432 new applications and complaints were filed and out of them 56,115 cases have been disposed of. All in all, the Court achieved its stipulated objectives and decided record number of cases, despite some constraints i.e. depleted strength of judges due to retirement and formation of larger benches on important constitutional matters, pending before it.

Let me acknowledge with profound thanks and appreciation the role played by the bar in not just disposing of pending cases in the Supreme Court but also the hard work they put in by coming prepared and assisting the Court in every possible way to come to correct appreciation of law and facts and reaching a fair and just decision. The bar also maintained its tradition of striving for judicial independence and demanding full and complete compliance with the Constitution and the rule of law.

Before implementation of the National Judicial Policy, on 1st June, 2009 about 18 lac cases were pending in the Supreme Court, Federal Shariat Court, High Courts and District Courts but this figure has now been reduced to 14 lac on 30th June, 2011. About 56 lac new cases were instituted in the said period. Out of them more than 60 lac cases have been decided. Similarly, during last year on 1st September, 2010 about 13 lac cases were pending and 23 lac new cases were instituted out of which 22 lac cases were disposed of on 30th June, 2011. In the light of said statistics we can say that the Judicial Policy has achieved significant results. The disposal of cases in the district judiciary is encouraging and we are aware and appreciate the labour being put in by judges. In doing so, the bar remained on board and helped the Courts in achieving their targets. Keeping in view the statistics, it appears that some 17 percent cases are pending in the superior Courts whereas 83 percent of cases are pending in district judiciary. Side by side with disposal, the campaign to sort out corrupt judges and staff also continued unabated and the High Courts dismissed and disciplined quite a few judicial officers, mostly the senior ones as well as Court staff.

Under the 18th Constitution Amendment, vide Article 175 A of the Constitution, the Judicial Commission of Pakistan was constituted, following the order passed by this Court for the appointment of Judges to the Supreme Court, Federal Shariat Court and the High Courts. The Judicial Commission framed its rules in exercise of the powers conferred by Clause (4) of Article 175 A of the Constitution. The Commission became functional. Since its establishment, the Commission has held some 23 meetings to fill the vacancies of Judges in the superior Courts and around 100 Judges/Chief Justices have been recommended for appointment/conformation in the superior Courts.

Ladies and Gentlemen!

The construction work at the Principal Seat in complete and refurbishing work is nearing completion. Similarly, the construction work at the Branch Registry, Lahore has been completed and now we would be able to constitute more regular benches there to provide justice at the door steps of the litigants.

The judicial training for the administration of justice is indispensable not only for the new judicial officers but also for the career mid level and senior judges. Keeping in view the latest trends in jurisprudence and use of innovation techniques for adjudication, such as use of alternate dispute resolution, advancement in forensic science and criminology, introduction of law on cyber crimes, progress made in environmental law, etc, it is crucial that our judges are fully equipped with latest law and procedure. The judges need to be educated in these fields during pre-service and in-service trainings from time to time in the judicial academies. Keeping in view the importance of judicial education, it is a matter of great satisfaction that provincial Judicial Academies have been established. During this year, the Federal Judicial Academy conducted twenty six training programmes for 558 Judges, Court Officers and Officials, Law Officers and Training of Trainers' participating from all over Pakistan, Azad Jammu & Kashmir and Gilgit-Baltistan. For quite some time it was being felt that the existing building was not sufficient to accommodate the requirements of the expanded role of the Federal Judicial Academy. Thus, in keeping with the future needs a piece of land adjacent to the present building was acquired on which the phase 2 of the expansion of the Academy has been launched. It would work as a Center of Excellence in Judicial Education, so that apart from regular training, L.L.M and Ph.D level studies could be commenced in Court administration and other allied fields.

Ladies and Gentlemen!

The judges of superior Courts, on retirement, receive reasonable compensation package as commutation and pensionary benefits and as such, financially, don't need to aspire for reemployment. Even otherwise, the Constitution places a bar on such reemployment. Article 207 of the Constitution stipulates that a retired judge of superior Courts shall not hold any office of profit in the service of Pakistan before the expiration of 2 years after his retirement. The National Judicial Policy also provides that the retired judges should maintain higher standard of decorum and should not accept a post which may lower their status or dignity. I should, therefore, expect that in keeping with the higher standards and decorum of the institution, the retired judges, who hold posts or positions which are impermissible under the Constitution will review their position and relinquish the same to uphold the principle of independence of judiciary.

Ladies and Gentlemen!

Despite the on-going political squabbles, unmitigated militancy, threats to national security and deteriorated law and order situation and consequent rise in despondency, we can take comfort in the fact that as a nation, we are a resilient people, patriotic and proud. We have arrived consensus on fundamental issues. Essentially, we have a fundamental law for governance. This fundamental law, in common parlance called the constitution, is a consensus document and enjoys unprecedented legitimacy. And having been blessed with this basic law, it should not be difficult for us to chart out a viable future course of action, to have a system of governance, wherein the principles of liberty, equality, freedom, tolerance and socio-economic and political justice can be practiced.

Even though this fundamental law has been subjected to periodic assaults, hence, at times held in abeyance or suspended, but such actions being carried out through extra-constitutional measures by autocrats and Bonaparts never received legitimacy. The Bonaparts were soon to march out. In the process though, the nation suffered. Even the role of judiciary in dealing with the consequential jurisprudential chaos, has not been appreciable. The overall fiasco greatly hampered the national advance towards political stability, economic development and social progress. Notwithstanding the recurring jolts to national integrity, the people of Pakistan always rebounded, and reiterated their faith in the basic document. They showed renewed determination to carry forward its principles so as to unite the nation and march forward in the direction of scientific and technological advancement and socio-economic development to attain its rightful place in the comity of nations, as the 6th largest state in the world, 2nd biggest Muslim nation and the only Islamic state with nuclear power.

The successive constitutional deviations served no purpose except to retard the advancement towards political stability and national integrity. Passing through the vicissitudes of time, the judiciary learnt its lesson, the hard way indeed, and came to the conclusion that as a creation of the Constitution and mandated to preserve, protect and defend this fundamental law and having the authority to explain and interpret its provisions, it will always stand by the Constitution. This has been the recurring thought through successive judgments of this Court during the recent past. In my humble view, our national salvation lies in strictly following the principles of the Constitution and observing the rule of law, which is a sure panacea for good governance and clean administration. Good governance, transparency and accountability are the buzz words of present-day advanced democracies and crucial for development and prosperity.

In the same constitutional spirit, this Court passed many landmark judgments during the last judicial year. I do not want to go in the details of these judgments, but would make a brief account of some. Through successive judgments, the Court sought to interpret the Constitution and the law with a view to remove ambiguity and pave the way for good governance and efficient system of administration. Issues and matters that came up for determination include recovery of billions of rupees plundered from public exchequer, cancellation of shady deals and contacts, return of government land illegally occupied by land grabbers, fixing minimum wages for low-paid workers, identification of causes of last year floods and institutions/functionaries responsible for lapses, extra-judicial killings at the hands of security personnel, irregularities committed in the electoral process including voters lists, problems of environmental pollution, etc etc.

Ladies and Gentlemen!

We have already vowed to carry out our duties without fear and favor, affection, personal interests and affiliation. The present ceremony is intended to enable us to renew this resolution and pray to Almighty Allah to give us strength to uphold the highest standards of justice and fair-play as enunciated by the Holy Quran and the Prophet (Peace Be Upon Him) and to serve as our guiding inspiration throughout the year that lies ahead so that the institution goes from strength to strength in administrating justice and protecting the weak and the poor.

At the end, I would like to express my most profound gratitude to brother Judges who worked tiressly and for long duration to help in reducing the backlog of cases in this Court. Here I would like to express sincere gratitude to the members of the Bar for their great assistance to the Court for professionally preparing the cases and avoiding unnecessary adjournments. The pendency could not have been reduced but for the active support of the members of the Bar. I look forward that the learned members of the Bar will continue full co-operation in assisting the Bench during the ensuing year. In the end, I may also acknowledge the hard work of the officers and staff of the Court in Court administration and preparing cases for fixation and implementation of Court orders and judgments. Before closing my address, I would like you to join me in the prayer:

O Lord of heaven and earth, the Greatest Judge and Final Arbiter - We rededicate ourselves to Thee and beg of Thee for Thy Mercy and Blessings. We pray that this House of Justice by Thy Grace be endued with Thy Light. Exalt us in spirit and in strength that we may be Thy instruments to fulfil Thine Divine Commands for administration of justice. And of Thy Infinite Mercy so direct and dispose our hearts that we may fulfil Thy Will and fall into no error of judgment. Merciful Allah; have mercy upon us, grant us humility and give us grace to conduct ourselves as in Thy Sight and within the limits set by Thee. Amen!

Thank you.