CJP says Covid key reason for pendency of cases

LAHORE: Chief Justice of Pakistan Justice Gulzar Ahmad has said the courts are, and will, remain independent as judges are supposed to uphold the rule of law and protect fundamental rights.

Speaking at a function hosted by the Punjab Bar Council (PbBC) on Satur­day, Justice Ahmad said: “The courts will continue to pass judgements independently.”

The chief justice said it was wrong to presume that there was bias in the judiciary.

“The courts do not follow trends or seasons, but a decision is made on the basis of facts of a case,” he said.

Referring to incidents of misconduct in courts, he advised the lawyers not to turn adverse decisions into the reasons for quarreling with judges. The bar and the bench were part and parcel of the same justice system, he added.

“An advocate is supposed to be a person of reasoning and a person of law,” he said. The lawyers were also supposed to be well versed in the manners of appearance before courts.

He pointed out that the canons of professional etiquette were part of the Legal Practitioners and Bar Council Act 1973 and asked whether the lawyers had forgotten those canons.

The chief justice said the bar council needed to make the lawyers understand these canons at the time of their enrollment. He stressed the need for training of entrants to the legal profession at the bar level.

He acknowledged that the key issue the country’s judiciary was facing was huge backlog of cases at the levels of higher and subordinate courts. However, he added that the Covid-19 pandemic had been the main reason behind the pendency of cases.

Justice Ahmad also termed frivolous litigation a major cause of the huge backlog of cases in the courts. The lawyers should not become a tool in initiating frivolous litigation.

He urged the lawyers to extend their cooperation to the courts to end pendency of cases. “The litigant public is the ultimate sufferer of the pendency of cases.”

He also sought support of the legal fraternity to encourage the use of Alternate Dispute Resolution (ADR) system to avoid prolonged litigation. He asked the lawyers to end the culture of seeking adjournments in cases and ensure speedy decisions.

Chief Justice Ahmad expressed concern over the poor infrastructure of the subordinate judiciary in all provinces and asked the chief justices of the provincial high courts to play their role in improving the facilities.

He said the Judicial Commission on Appointment of Judges in higher and superior judiciary had been working in a most democratic manner. The commission appoints judges with a majority vote and its members include the bar’s representatives.

Lahore High Court Chief Justice Muhammad Ameer Bhatti, Advocate General of Punjab Ahmad Awais and Supreme Court Bar Association president Ahsan Bhoon also spoke on the occasion.

Published in Dawn, December 5th, 2021

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