Highlights of National Judicial Policy of Pakistan 2009 by Haroon

8/12/2019 Highlights of National Judicial Policy of Pakistan 2009 by Haroon

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FAISLABAD COLLEGE OF LAW

Research Proposal

Whether, National J!icial Polic" #$$%, pla" an

e&&ecti'e role to (rin)in) *stice to the people o&

Pa+istan -

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ABS6RAC6

This research proposal attempts to analyze practical implications of commitments

made in National Judicial Policy 2009. NJP 2009 and its revised models aim to provide

free, fair and transparent justice mechanism to the common man at door step. Its

roader !oals include" to estalish la# and order and a peaceful environment y

protectin! personal property and lives of all citizens.

The constitutional provisions $%rticle 2%& are spirit of NJP 2009 #hile restoration of

judicial honor and independence, judicial supremacy, judicial neutrality and judicial

activism are !uidin! principles for proposed reforms provided in National Judicial Policy

2009. The NJP 2009, appears to e a infant draft of justice led reforms in the country. It

mainly focuses on follo#in! five main aspects" independence of judiciary, issues

pertainin! to misconduct, mechanism for eradication of judicial corruption, time frame

for e'peditious disposal of cases and short as #ell as lon! term measures to counter

and curtail civil and criminal cases. Judiciary is e'pected to protect the ri!hts of those

#ho vie# themselves as infrin!ed and trespassed y !overnment. (or this it is need of

hour that judicial system in Pa)istan e empo#ered on modern lines to ecome

independent of influences of !overnment and other dominant sta)eholders, to upholdrule of la#. It is hi!hly e'pected that the people of Pa)istan #ould e'perience a

positive chan!e after the implementation of ne# policy in true form. NJP recommends

to employ a variety of judicio*le!al reforms to curtail current crime rate and acts of

terror in Pa)istan.

The honour )illin! of (arzana at doorstep of +ahore i!h -ourt y her family memers,

rise in numer of rapes, e'tortions, car thefts and tar!et )illin!s y terrorists as #ell as

reli!ious militants e'pose loopholes in NJP 2009. In curin! all forms of crimes, the

judicial system alon! #ith la# enforcement a!encies play the main role. ocial evils

to!ether #ith terrorist are destroyin! peace of Pa)istan/s society y ta)in! justice

hosta!e and la# in their hands. The inherent structural fla#s and limitations in e'istin!

criminal justice system, passin! of ad*hoc fashioned polices #hich are repeatedly

overturned y le!islators, estalishment of parallel justice system $special courts,

military courts, hariah -ourts& and osolete investi!ation mechanism and #ea)

police and intelli!ence structure has compounded the criminal landscape of Pa)istan/s

society.

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Chapter/ 7

IN6ROD9C6ION

The National Judicial Policy 2009 of Pa)istan, is an attempt to streamline the judicial

system in the country and to ma)e it responsive to the present*day reuirements of

society. The ojective is to clear the hu!e ac)lo! that has accumulated over the years

at all level of judicial hierarchy. 1r!ency has een accorded to cases involvin! violation

of fundamental ri!hts and restraint on liertyfreedom of individual33.. The plan of

action provides for disposal of all old cases $filed upto 45 6ecemer 2007& #ithin one

year. Ne#ly instituted cases filed after 5 January 2009 in the upreme -ourt, (ederal

hariat -ourt, i!h -ourts and uordinate -ourts #ill also e decided in one year

period from the date of filin!.

The i!h -ourt and uordinate -ourts in the province of 8alochistan #ill e ale to

decide all old cases #ithin si' months and all fresh cases in si' months time from the

date of institution. This is indeed a tall claim and difficult !oal ut eually stron! is the

determination of the NJP- to honor its commitment to the nation. It #ould reuire

!i!antic efforts and hard #or) ut every effort #ill e made to achieve the desired !oals

y full and effective utilization of e'istin! resources. o#ever, #here ne# resources

are reuired, the :overnment #ill e approached for allocation of necessary funds for

the purpose. (Faqir Hussain, Secretary NJP Committee, 2009).

ometimes judicial policies have !reater impact on society and in definin! national

course of action. The judiciary #orld#ide has played a vital role in developin! a

nation/s policies than the desi!ners of constitution could ever envisioned. The

judiciary/s policy decisions that attract national attraction in a political system of dividedpo#ers invite other !overnment ranches to e'ercise their policy ma)in! po#ers. In 1

the trend to use liti!ation as a strate!y to protect one/s fundamental ri!hts #as initiated

y civil ri!hts !roups. This #as successfully copied y minority !roups for racial

euality and finally #omen ri!ht supporters to constitutionally fi!ht for feminist

movement. In narro# and least controversial issues the verdict y superior courts leads

to formulation of impactful policies $:ideon -ase&. o#ever in road and controversial

laden decisions, court ecame a part of policy ma)in! ody e'hiitin! y default

limitations of judicial supremacy ( Robert A. Car ! Rona"# Sti#$am, Ju#icia" Process

in America % &t$e#).

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In 2009 scenario for proportion of pendin! cases #as follo#s;

Superior judiciary Subordinate judiciary

i.Supreme Court of

Pakistan18396 i. Punjab 11,50,931

ii. Federa S!ariat Court 1"03 ii. Sind! 120,9#5

iii. $a!ore %i&! Court 1,05,835 iii. '(FP 116,81#

i). %i&! Court of Sind! 28,1#8 i). *ao+!istan 6,516

). Pes!aar %i&! Court 13,866 Total 13,95,206

)i.%i&! Court of *ao+!istan

#60#This backlog of cases is ain hurdle in speedy

disposal of justice at grass root le!el"Total# 1,$2,552

#


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-ourtesy

ecretariat, +a# < Justice -ommission of Pa)istan,

###.ljcp.!ov.p)

5
http://www.ljcp.gov.pk/http://www.ljcp.gov.pk/


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Chapter/ #

LI6ERA69RE RE:IEW

The development of National Judicial Policy 2009, is a historic milestone in directin!

ener!ies of judiciary, le!islators and e'ecutive to#ards a common !oal of maintainin!

la# and order and estalishin! peace y curin! crime rate. =ith valuale input from

main sta)eholders, it serves as a joint platform of state or!ans to fi!ht injustice and

violence prevailin! in terror hit state" the Islamic >epulic of Pa)istan.

The NJP 2009, NJP $revised& 2055 and 2052 focuses on follo#in! main areas"

independence of judiciary, issues pertainin! to misconduct, mechanism for eradication

of judicial corruption, time frame for e'peditious disposal of cases and short as #ell as

lon! term measures to counter and curtail civil and criminal cases. It is hi!hly e'pected

that the people of Pa)istan #ould e'perience a positive chan!e after the

implementation of ne# policy in letter and spirit.

The NJP 2009 calls for independence of judiciary y employin! a variety of proposals

y )eepin! in vie# previous mal practices. In addition to -onstitutional safe!uards

NJP vo#s to preserve independence and impartiality of judicial system y devisin! acomprehensive frame#or) for recruitment, selection, appointment as #ell as transfer

postin!s of judicial staff and officers. It stron!ly discoura!es the practice of appointed

of superior courts jud!es as :overnors of provinces (Re'errin to ia era #rastic "ea"

c$anes to et *u#icia" cooeration in "eitimi+in mi"itary cou% source Hami# $an

---, NJP Para ).

=ith reference to judiciary/s !olden days of independence amid ?han #rites" @It is

noticeale that the upreme -ourt under the leadership of -J % > -ornelius,

estalished its independence and !ave landmar) rulin!s #hich !ave meanin! to the

fundamental ri!hts and civil lierties of citizens./ (Hami# $an, Constitutiona" ! Po"itica"

History o' Pa/istan, # 2n#, 21&).

It has also demanded repatriation of jud!es to respective courts for e'peditious

disposal of pendin! cases. NJP 2009 has also raised ojections over postin!s of

jud!es at e'ecutive posts in (ederal and Provincial :overnment 6epartments as a

factor contriutin! to delayed justice. $NJP 2009, Para 2 $ii&,A&.

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It is su!!ested in NJP 2009 that for the recruitment of vacant judicial posts proper

mechanism e adopted that is either throu!h Provincial Pulic ervice -ommissions or

throu!h direct appointment on ad*hoc asis $ in li!ht of jud!ment passed y the i!h

-ourt of indh in -.P No*62B0B2007 ie >ashid % >izvi < others vs Province of indh< others&. $NJP Para 2 $iii&&.

To ma)e appointment of jud!es fair and purely on merit, the committees for selection of

judicial officers e carefully constituted from amon!st the honest, stron! #illed judicial

officers to #ithstand the pressures. $NJP Para 2 $v&&

Judiciary must ta)e control and supervise #or)in! of all special courtstriunals under

the administrative control of e'ecutive. The postin!s of their judicial officials should e

made in consultation to concerned -hief Justice of respective i!h -ourt. In this

re!ard the (ederalProvincial !overnments should amend the relevant la#s to rin! the

jud!es and staff of the pecial -ourts $>evenue -ourts, +aour -ourt, -ustom -ourts,

8an)in! -ourts, %nti -orruption -ourts, NI>-, pecial -ourts for Narcotics, 8an)in!

-ourts, 6ru! -ourts, -onsumer -ourts, (ederalProvincial ervice Triunals,

Cnvironment Triunals and Income Ta' %ppellate Triunals etc& in the purvie# of the

respective i!h -ourt. onitorin! of special courts e made y -J of respective i!h

-ourt $NJP Para D&.

In future the judiciary #ould remain aloof from the conduct of elections, as it distracts

the judicial officers from professional duty and complaints of corrupt practices tarnish

the ima!e of judiciary. The -onduct of :eneral Clections Erder 2002, >epresentation

of the People %ct, 59FD and +ocal :overnment Erdinance 2005 do not contain any

provision #hich reuires that the elections are to e held under the supervision of the

Judiciary. The judiciary #ill continue to e'tend support and cooperation in adjudication

of election related disputescomplaints as provided under the la# $NJP Para F&.

In reference to misconduct" the %rticle G of the -ode of -onduct states ; HIn his judicial

#or) a Jud!e shall ta)e all steps to decide cases #ithin the shortest time, controllin!

effectively efforts made to prevent early disposal of cases and ma)e every endeavor to

minimize sufferin! of liti!ants y decidin! cases e'peditiously throu!h proper #ritten

jud!ments. % jud!e #ho is unmindful or indifferent to#ards this aspect of his duty is not

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faithful to his #or), #hich is a !rave fault. Thus the jud!es of the superior courts

should follo# the -ode of -onduct prescried for jud!es. They should ta)e all steps

necessary to decide cases #ithin the minimum period $NJP Para 8&.

The duty of a jud!e calls for possession of hi!hest ualities of head and heart. %jud!e/s model ehavior should distin!uish himher from rest fello#s. % proper

mechanism is estalished for ta)in! appropriate action a!ainst inefficient performance

and unreasonale delays of judicial officer y a -hief Justice of respective i!h -ourt

$NJP Para F&.

It is advised that in efforts to cur corruption, the code of conduct for suordinate

judiciary, framed y the Pesha#ar i!h -ourt and adopted y the +ahore i!h -ourt

should e considered for adoption y the i!h -ourts of indh and 8alochistan.

(urthermore, the present mechanism for initiation of disciplinary action a!ainst corrupt

and inefficient judicial officerscourt staff e improved.

In each i!h -ourt a H-ell for Cradication of -orruption from Judiciary e set up in the

office of >e!istrar, under the supervision of -hief Justice of concerned i!h -ourt to

entertain complaints #ith credile evidence. -opies of such complaints may also efor#arded to the >e!istrar, upreme -ourt of Pa)istan. In case of the officersstaff of

the upreme -ourt, a Jud!e shall e the In char!e of such -ell. 6isciplinary action

#ould e initiated a!ainst those judicial officersstaff that carry persistent reputation of

ein! corrupt or have their life style eyond ostensile means of income $NJP 2009, -

Para 5, 2, 4&.

To cur the malpractices and corruption of courts staff, unshicler)s of the la#yers

and touts, a H-ommittee headed y the 6istrict and essions Jud!e and President

6istrict 8ar %ssociation should e formed to entertain complaints a!ainst corrupt

officials and for ta)in! action a!ainst them under the +a# $NJP -" Para 4 $ii&&.

=ith a vie# to provide justice at !rass root level, the performance of the suordinate

jud!es should e monitored y appointin! a jud!e of the i!h -ourt and conductin!

surprise visitsinspection of the -ourts. $NJP -" Para 4 $i&&.

It is stron!ly recommended that the -hief ecretaries of the provinces should initiate

steps for computerization of revenue record on the pattern of Punja province. The

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concerned ecretaries of the >evenue 6epartments may ta)e necessary steps for

eradication of corruption and streamlinin! the functionin! of >evenue officials

departments y formulatin! efficient policy #ithin 4 months and for#ard the same to

the -hief Justice of the respective i!h -ourt for consideration in the meetin! of

NJP- $NJP Para -" 4 $iii, iv&&.

To !uard a!ainst the evil of nepotism, favoritism, corrupt means, etc, the ITs in i!h

-ourts may e'amine the jud!ments of the judicial officers to detect incidents of

corruptionimproper conduct. %ll the judicial officers of the suordinate judiciary may e

as)ed to send copies of the jud!ments includin! ailstay orders for scrutiny to ITs

$NJP -" Para B&.

amid ?han an eminent le!al e'pert refers to decline in pulic confidence in judiciary/s

independence to malpractices initiated y %yu re!ime in 59F0/s in the form of political

patrona!e, nepotism and favoritism. e #rites in his oo)"

@=henever a son returned from aroad, #ith or #ithout a forei!n la# de!ree, or started

la# practice, he #as #idely introduced y his jud!e father to his uncle jud!es #ith the

understandin! that he should e loo) after. Naturally, la# practice of the sons and

sons*in*la# of the jud!es flourished overni!ht to the char!in and frustration of the less

privile!ed memers of the 8ar. They #ere en!a!ed on faulous fees #ith the e'ception

that they #ould otain relief due to personal connections, #hich they actually did in

many cases./ ( Hami# $an, -0)

The complaints of corrupt practices and professional misconduct a!ainst la#yers

addressed to the -hief Justice of i!h -ourt should e for#arded to the 8ar -ouncil

for action. The -ouncil should ta)e immediate action on such complaints under

intimation to >e!istrars of the concerned i!h -ourt $NJP -" Para 52&. imilarly, to

cur the malpractices and corruption of courts staff, unshicler)s of the la#yers and

touts, a H-ommittee headed y the 6istrict and essions Jud!e and President 6istrict

8ar %ssociation should e formed to entertain complaints a!ainst corrupt officials for

ta)in! action a!ainst them under the +a# $NJP -" Para 4 $ii&&.

In this re!ard, jud!es of the i!h -ourts e desi!nated for each divisiondistrict on

rotation asis $NJP -" Para A&.

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The jud!e should himself #rite order sheets, interlocutory orders and re!ister petitions

I$NJP -" Para F&.

%ppropriate criminal cases under the relevant provisions of la# may also e re!istered

a!ainst the judicial officerscourt staff involved in corruption $NJP -" Para 7&. En the

other hand, the corrupt judicial officers e made E6s and )ept a!ainst their post for

the purpose of dra#in! salary only and disciplinary proceedin!s should e uic)ly

finalized $NJP -" Para 9&. Incentives should e !iven to the honest, efficient and hard

#or)in! judicial officers includin! advance increments and postin! at stations of choice

etc. $NJP -" Para 54 &.

ettin! rules for postin!s and transfer policies of Judicial officers and staff NJP 2009,

states that no judicial officerofficial should e posted in home district and those

remained posted in a particular district eyond 4 years should e transferred to other

district. The judicial officers shall not e transferred efore completion of 4 years tenure

at a station unless the interest of pulic or the institution demands early

transferpostin!. Nai -ourts havin! completed 4 months attachment #ith a court

should e sent ac) to their parent department instead of transferrin! them to other

court y rotation $NJP Para -" 50, 55&.

To ensure appearance of -ounsels in cases efore district judiciary, the senior la#yers

should or!anize their offices as la# firms #here they may train their juniors and entrust

cases to them for pleadin! independently. The Junior %dvocates should e encoura!ed

to prepare and plead cases independently" this #ill help in curtailin! the delays caused

y freuent adjournments on account of non*availaility of senior counsel or their

en!a!ement in superior courts. The senior la#yers should maintain certain standard

for themselves and may not appear efore each and every -ourt at 6istrict level. $NJP

Para -" 52 $i, ii&&.

+a#yers must realize their responsiilities and should put their est ailities in assistin!

the -ourts #hile pleadin! their cases so that their efforts may e culminated in early

disposal of cases. +a#yers must rise to the occasion and stop the practice of ta)in!

adjournments and usin! delay tactics for lin!erin! the cases. There should e a limit

for ta)in! adjournments in the cases. If the Judicial Efficer comes to conclusion that

the advocate is purposely ta)in! the adjournments to prolon! the liti!ation then the

reuests for adjournment may not e acceded to. $NJP Para -" 52 $iii, iv&&.

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+a#yers should avoid to en!a!e in a case #here another la#yer is already en!a!ed

as such act #ould cause apprehensions for miscarria!e of justice. $NJP Para -" 52

$v&&.

(or e'peditious disposal of civil as #ell as criminal cases" NJP 2009, vo#s to adopt

short as #ell as lon! term measures. 6ividin! cases on the asis of nature of offence,

ail ale and non *ail ale, #omen and child offenders time frame for initiation and

finalization of investi!ation and prosecution have een laid do#n, in accordance #ith

-onstitution of Pa)istan.

In criminal cases it is the duty of the policeinvesti!atin! a!ency to sumit -hallan

$Police >eport& #ithin a period of 5B days as contemplated in section 5F4 -r.P.-. In

case of non*completion of investi!ation, an interim report shall e sumitted and in

such cases, the court shall not !rant remand eyond 5A days period $NJP Para 6 $I&"

D&.

Non*completion of investi!ation and non*sumission of -hallans in statutory period is a

major cause of delays in disposal of cases. ince, Police plays crucial role in

administration of justice, therefore, the 6istrict Police Efficers may e as)ed to ensure

that the police should conclude investi!ation and sumit -hallans #ithin the prescried

period of 5B days. They may e as)ed that the Es #ho fail to comply #ith this

statutory provision should e treated as inefficient officer under the Police Erder and

the court may also lod!e complaint under section 5DD PP- a!ainst him. The 6PEs

should also sumit list of cases in #hich -hallans are still pendin! for #ant of

investi!ation for inspection and passin! appropriate orders y the 6istrict and essions

Jud!e $NJP Para 6 $I&" F&.

No jud!e should !rant remand in the asence of accused and #hile !rantin! remand

should strictly adhere to the relevant provisions of the -ode of -riminal Procedure and

principles laid do#n in the a)eem umtaz case $P+6 2002 - A90&. The 6istrict and

essions Jud!es should re!ularly visit Jails on monthly asis to hear the complaints of

the prisoners and issue directions for resolution of their prolemsdifficulties and may

release the prisoners involved in petty offences $NJP Para 6 $I&" 7&.

%ll criminal cases punishale #ith imprisonment for upto F years re!istered after 5stJanuary 2009 e )ept on fast trac) for disposal #ithin D months.

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(or disposal of freshly instituted cases #ithin the stipulated period and to avoid pilin! of

cases, there may e practical difficulties ut the same can e overcome y e'tendin!

court timin!s dependin! upon the #or)load. The e'tended time could e utilized for

#ritin! jud!ments, framin! of char!e and other miscellaneous #or) $NJP Para 6 $I&" 9&.

%ll criminal cases punishale #ith imprisonment from F years and aove includin!

death cases shall e decided #ithin a period of 5 year $NJP Para 6 $I&" 50&.

-ases relatin! to preventive detention under section 50F read #ith section 5A5 -r.P.-.

should e decided as early as possile y follo#in! the procedure as envisa!ed under

section 552, 55F and 557 -r.P.- $NJP Para 6 $I&" 55&.

Production efore court for remandtrial is a statutory ri!ht of every prisoner" therefore,the 6istrict and essions Jud!es should as) the jail authorities to ensure that the

prisoners must e produced efore the court. The 6istrict and essions Jud!es should

also monitor that #hile !rantin! remand all reuisite procedural formalities are

complied #ith$NJP Para 6 $I&" 52&.

The trial -ourt shall not !rant unnecessary adjournments particularly on account of

failure to produce the prosecution #itnesses. If any Police Efficer or Investi!atin!

Efficer of the case is found !uilty of delierate attempts to prolon! the trial, the trial

-ourt may report the matter to the Efficer Inchar!e of such Police Efficer for ta)in!

necessary action. If in any case it appears that no action has een ta)en on the

complaint the matter may e rou!ht to the notice of -hief Justice throu!h >e!istrar for

initiatin! contempt proceedin! a!ainst such Police Efficer responsile for causin!

hindrance in conclusion of trial. To discoura!e the tendency of ta)in! adjournment on

flimsy !rounds, the >e!istrar of the i!h -ourt may convey a meetin! of the Inspector

:eneral Police, Prosecutor :eneral and %dvocate :eneral to chal) out a uniform

policy for e'peditious disposal of criminal cases $NJP Para 6 $I&" 52 $iii&&.

In appropriate cases #here complaints have een made a!ainst Police for misuse of

authority, dishonest investi!ation, ne!li!ence and inefficiency, the matter may e

reported to the Police -omplaint %uthorities and 6istrict Pulic afety -ommission for

initiation of disciplinary proceedin! a!ainst the delinuents $NJP Para 6 $I&" 52 $iv&&.

In case the trial -ourt comes to conclusion that the Police have viciously and

unnecessary caused delay in for#ardin! the case to the -ourt or to any other %uthority

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to #hom he #as le!ally ound to for#ard any arrested person may e proceeded

a!ainst the responsile on account of misconduct and in case of conviction he may

also e punished #ith imprisonment for a term #hich may e'tend to one year or #ith

fine under %rticle 5AF of the Police Erder, 2002 $NJP Para 6 $I&" 52 $v&&.

In the Effice of the Provincial Police Efficer I:P, a focal person may e desi!nated to

perform e'clusively the duties of receivin! the orders from the -ourts in connection

#ith the trial of criminal cases and dispatchin! it to the concerned uarters for

compliance, particularly orders re!ardin! production of record and under trial prisoners

in the -ourt on the date and time fi'ed y the -ourt $NJP Para 6 $I&" 52 $vi&&.

In criminal cases, non*representation of accused y -ounsel is also a source of delay

in trial, therefore, the -hief Justices of i!h -ourts, in consultation #ith the -hairman

of the +e!al %id -ommittee of the Provincial 8ar -ouncils or Pa)istan 8ar -ouncil, may

appoint la#yer in such cases to avoid delay. In this re!ard a list of the advocates

should e maintained in each district so that they can e appointed for provision of

le!al aid to accused person #ho cannot afford to hire the services of -ounsels.

o#ever, prior to appointin! any -ounsel option of selection from that list should e

!iven to the accused in the interest of justice $NJP Para 6 $I&" 54&.

To chec) the tendency of filin! false and frivolous cases, the court should ta)e penal

action a!ainst the party y imposin! fines under section 2A0 -r.P.-. or filin! complaints

under section 572 and 255 of the PP- $NJP Para 6 $I&" 5B&.

(alse and frivolous liti!ation in civil as #ell as in criminal sides e discoura!ed y

imposin! heavy costs, compensation and penalties in accordance #ith the provisions

of section 4A*% -.P.- and 2A0 -r.P.- so that the precious time of the -ourts may not

e #asted and utilized for redresseal of !enuine !rievances of the liti!ants $NJP Para

6 $I&" 5B $i&&.

In cases triale y a a!istrate, if the court dischar!es or acuits all or any of the

accused and is of the opinion that the accusation a!ainst them or any of them #as

false or frivolous, the court may acuit or dischar!e the accused and may call upon the

complainantinformant to sho# cause as to #hy he should not pay compensation to the

accused. %fter considerin! the facts and circumstances of the case the a!istrate maydirect the complainant informant to pay to the accused a compensation not e'ceedin!

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rupees t#enty five thousand. The compensation payale under section 2A0 -r.P.-. is

recoverale as arrears of land revenue $NJP Para 6 $I&" 5B $ii&&.

If this provision of the la# is enforced in its true sense, it #ould certainly help to reduce

the numer of !roundless and frivolous complaints cases .o#ever, in fi'in! the

amount of compensation, the court should carefully consider the status of accused as

#ell as that of the complainant and the nature of accusation. 8esides, if it appears to a

court that for!ery or perjury has een committed in relation to any proceedin! efore it

then the court can proceed a!ainst the defaulter under section BFD -r P.-. to vanish

the impression that anyone can ause the process of la# y falsehood or farication

and that too #ithout any ris) of prosecution. $NJP Para 6 $I&" 5B $iii&&.

1nder section BFD of the -r.P.-. the court may itself ta)e co!nizance of the offence

and try it in accordance #ith the procedure prescried for summary trials in -hapter

GGII of the -ode. o#ever, if the court considers that the accused should not e tried

summarily under section BFD, it may after recordin! the facts constitutin! the offence

and statement of the accused for#ard the case to the competent court for trial $NJP

Para 6 $I&" 5B $iv&&.

=rit petitions of the follo#in! cate!ories if competent under the la#, should e decided

#ithin D0 days;

$i& Pertainin! to service disputes includin! promotion, transfer and such other

matters.

$ii& >elatin! to admission of students in professional colle!es and allied matters

$NJP Para 6 $II&" 2&.

tay matter under Erder 49 rule 5e!istrar $NJP Para 6 $II&" 4&.

The rent cases should e decided speedily #ithin a period of B months $NJP Para 6

$II&" B&. %ppeals, =rit Petitions and other miscellaneous petitions pertainin! to rent

matters should e decided in D0 days $NJP Para 6 $II&" A&.

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>evision petitions under -P- arisin! out of interlocutory orders i.e. interim stay orders,

mis*joinder and non*joinder of necessary parties, appointment of local commissioners

and non*payment of court fee should e decided #ithin 4 months suject to the

maintainaility of such petition $NJP Para 6 $II&" D&.

(amily cases should e decided #ithin 4*D months.-ivil appeals arisin! out of family

cases, custody of minors, !uardianship cases, succession and insolvency cases, if

competent, shall e decided #ithin one to four months and for any delay, reasons

should e furnished to the i!h -ourt.8an)in!, ta', duty, levy and cess cases should

e decided #ithin D months $NJP Para 6 $II&" F,7,9&.

-ivil Jud!es should decide revie# applications #ithin 40 days and the trial of ne#

cases $instituted after 5st January 2009& should e completed #ithin D months.

Ne!otiale Instrument cases #hich are decided throu!h summary procedure as

provided under Erder GGGII of the -ode of -ivil Procedure 5907 should e decided in

90 days.Priority should e !iven to #omen and juvenile cases for uic) disposal $NJP

Para 6 $II&" 50, 55, 52&.

To clear the ac)lo! under different cate!ories, special enches should e constituted

for each cate!ory on the Principal seat and 8ranch >e!istry of the upreme -ourt and

i!h -ourt. There should e a commitment of jud!es to decide the old civilcriminal

cases $filed upto 45 6ecemer 2007& #ithin one year $NJP Para 6 $II&" 5A&.

The 6istrict Jud!es should adopt such measures #hich ensure handlin! of A0K of

cases from ac)lo! $filed up to 45 6ecemer 2007& and A0K from ne# cases $filed on

5stJanuary, 2009 and on#ard&.To chec) filin! of false and frivolous cases the courts

should impose compensatory costs under section 4A*% of the -.P.-. imilarly on the

patron of i!h -ourt of indh, the other i!h -ourts may also amend the relevant rules

for incorporation of a provision to impose a cost upto rupees one lac for false, frivolous

and ve'atious liti!ation.-ivil and criminal functions of the court should e ifurcated so

that the judicial officers can try criminal and civil cases e'clusively. (or fuller

comprehension of civilcriminal la# and e'perience, such judicial officers e rotated

annually. $NJP Para 6 $II&" 57, 59, 20&.

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Chapter /;

DISC9SSION

The main reasons for the demand of judicial reforms in the form of HNizam*e*%dal

>e!ulation in ala)and division #ere hi!her rate of pendin! of cases, uncertain time

limit for courts decisions, remote accessiility to courts and unaffordale le!al fees.

The presentation of National Judicial Policy 2009 y upreme court of Pa)istan is a

ri!ht effort to rin! desired reforms in the judiciary.

The Ne# Judicial Policy/s effort in rin!in! out reforms y minimizin! the pendin! case

rate, the allocation of specific time limits for specific cases and the provision for jud!es

not to serve as actin! !overnor, and for those currently servin! in other departments ondeputation to e summoned ac) to the courts are e'tremely helpful in restorin!

judiciary/s lost presti!e and independence (3$is recommen#ation $as been re4erse#

by ne5 C$ie' Justice o' Pa/istan ).

ince our judiciary is !oin! throu!h the phase of e'tensive reforms, other areas need

to e considered for further efficiency. These include;

The announcement of judicial policy is a !ood move as it seems to ensure the

independence of judiciary ut main focus should e made on lo#er courts for 97K ofcases e!in and end in these courts.

The appointment and dismissal of the jud!es of upreme -ourt and those of i!h

courts should e made strictly on merit y follo#in! constitutional conventions. The

postin! of superior judiciary official should not e made on asis of nepotism,

favoritism and political affiliation. >emuneration and enefits provided to the all jud!es

needs to e of sufficiently hi!h level to minimize the chances of corruption. The

estalishment of anti*corruption cell is a very !ood move y the hi!her court in curin!

corruption.

There is also a need to rin! improvements in the administration $police department

#or)in!& to ensure due dispensation of justice y the courts. There should e an

accountaility mechanism to deal #ith false complaints and (I>/s.

Cstalishment of ne# courts and increase in the numer of judicial officers and

specialized courts particularly in remote areas to ma)e justice easily accessile to

every citizen is hi!hly encoura!ed. There is a need for pulic a#areness aout courts

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le!al system of the state to ma)e dispensation of justice easily understandale for a

common man.

% reasonale ma'imum amount of le!al fees needs to e specified for specified cases

to ma)e justice affordale.=ith the provision of limitation of time for case disposal

la#yers and judicial staff of lo#er courts loose a part of their income. To overcome this

la#yers and judicial staff fee e cate!orized on asis on ualification, e'perience and

nature of case.

%lternative 6ispute >esolution $%6>& (orums on each separate le!al area need to e

estalished to encoura!e settlement and resolution of disputes throu!h alternative

means. (or this traditional settlement odies $Jir!a, Panchayat& need to e

restructured in accordance #ith -onstitution of Pa)istan. This #ill also help in

decreasin! court urden.

There is a need to respond to the complains and feedac) timely and efficiently to

redress the !rievances of the masses uic)ly. %s minor clashes #hen remain

unaddressed leads to major conflict amon! parties.

inimum numers of jail inspections in a specified period y authorized jud!es needs

to e prescried to stop human ri!hts violations and mal*practices in jails.

The cases of issin! Persons should e trialed in Terrorism -ourt and treated on

ur!ent asis. Cven persons found havin! lin)s #ith militants can not e contained in

ille!al detention for indefinite period.o#ever, at present NJP 2009 is silent aout the

issue of missin! persons, militancy and insur!ency related violence and dama!e.

>esultantly, e'tra judicial )illin!s , violence and detention is a source of rift et#een

federation and provinces.

NJP 2009, has i!nored the )iller of Pa)istan/s economy and its people i.e terrorism. In

asence of a comprehensive frame#or) to deal #ith reli!ious militants and e'tremists

sucide omin!s have ecame a norm in Pa)istan.

NJP committee must include memers of II- and hariah courts to promote inter faith

harmony and prevent ause of Islamic provisions li)e ause of 8lasphemy la#. =ith

the input from reli!ious scholars NJP should !ear up to eradicate sectarianism and

reli!ious intolerance.

(undin! $ private or pulic as #ell as national or forei!n& of ar councils and certain

judicial odies should e fair, transparent, #ell documented and properly audited . The

procedure for spendin! of funds of ar council ou!ht to e streamlined. There should

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e chec) on the provision of travelin! and daily allo#ances to the memers of the ar

council as #ell as upon #elfare of la#yers.

In rush of decidin! cases, care should e ta)en asthis approach of speedy disposal of

cases has affected the uality of justice. The urden had increased on la#yers as #ell

as on liti!ants ecause of NJP, thus on level of suordinate judiciary the prolems

faced y la#yers have ecame more rampant. The Policy attriutes the ac)lo! to

various reasonsfactors ut essentially to inadeuate ud!etary allocation.

The !oals of Policy can e monitored and achieved #ith the use of suitale hard#are

and soft#are and puttin! up cameras in the courts and audio euipment for aout 2000

Judicial Efficers. The use of internet ma)es it possile to remotely vie# in real*time

court proceedin!s and such recordin! may ecome a permanent record of the -ourt

and respective jud!e and advocate. (inally these recordin!s can e revie#ed and

used for improvin! the critical s)ills of the Judicial Efficers.

En %pril 2F, 205B the National Judicial Policy a)in! -ommittee amended NJP 2009

and allo#ed postin! of judicial officers in the e'ecutive on deputation" )eepin! in vie#

the difficulties of the la# ministryla# departments, the hi!h courts may allo# judicial

officers to join la# departmentministry, ut in such case, rela'ation #as made on the

!round that the judicial officer shall sever his relation #ith the judiciary. The reversal of

certain recommendations pose a !rave threat to#ards le!itimizin! unconstitutional

actions of e'ecutive.

En petty issues people should not e !uided or forced to pursue liti!ation as there

should e some other alternative yet credile forums to settle petty disputes efore

they !ain momentum. Pa)istan can learn lesson from India to resolve petty issues

throu!h mutual settlement $ =aseem ajjad C'. -.J of Pa)istan referrin! to Indian

National +o) %dalat event, Nov. 2054&.

The statistical data do e'hiit numer of decisions ta)en in lo#er and superior courts

ut there is no reliale data sho#in! uality of jud!ment passed in these cases. The

motto of @speedy justice/ should not e compromised #ith the @essence of justice/. The

NJP must also chart out a plan for ualitative measurement of pendin! cases alon!

#ith uantitative measurement.

The National Judicial Policy 2009 should e re!ularly revie#ed to deal #ith prolems

associated #ith its implementation y la#yers and liti!ants. National Judicial Policy

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loo)s promisin! li)e the constitution ut its delivery depends upon its true

implementation y state or!ans.

Chapter /8

RESEARC5 0E65ODOLOGoert %. -arp < >onald tidham, Judicial Process in %merica " Athed&.

###.ljcp.!ov.p)
http://www.ljcp.gov.pk/http://www.ljcp.gov.pk/

Highlights of National Judicial Policy of Pakistan 2009 by Haroon

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Transcript of Highlights of National Judicial Policy of Pakistan 2009 by Haroon