We are admitting, others should also admit their mistake: Justice Jamal Khan Mandokhail

ISLAMABAD, Dec 18 (SABAH): Senior Judge of the Supreme Court of Pakistan, Justice Jamal Khan Mandokhail has said that we are admitting and others should also admit their mistake. He said he had apologized in the court in the case of the accused serving 34 years of imprisonment, is the executive also ready to apologize, the country will not run without it. He further remarked maybe our priorities are different, the government, the state, the courts, the lawyers and the accused should all admit their mistakes. As a nation we are guilty, those who are silent are also guilty and those who are aggressor are also guilty, he observed.

Everyone thinks that the Supreme Court should work, this is the work of the executive, if the Supreme Court fails then what will happen, don’t make the Supreme Court so infamous, he further said. Yesterday, the National Assembly amended the provisions of the CrPC that the trial will be completed in 30 days, can this happen? It cannot be done in 30 days or even 60 days, there is a shortage of judges in the subordinate courts, he remarked.

While the senior judge of the Supreme Court, Justice Athar Minallah has said that no one obeys the order of Supreme Court. “We have not learned anything from what is happening in the country for 77 years and we will not learn anything in future also. Elite has captured the society and it is making decisions, neither the state nor the parliament is doing anything, the situation of the courts is in front of everyone. For 77 years, the executive has tried to control the judiciary, but has made no effort to provide cheap justice,” Justice Athar Minallah elaborated.

He remarked, “Don’t just pray but start speaking the truth and everything will be fine. Where the courts are at fault, the state is also responsible, the executive, parliament and we all should be ashamed. Courts are said to be ranked 140th in the world, supremacy of justice is the responsibility of the state, does the state prevent crimes, there are 44 factors out of which 1 is the judiciary while the other 43 are related to parliament and the executive.”

While Justice Malik Shahzad Ahmed Khan has said that there are 60 thousand cases pending in Supreme Court, the number of judges has been doubled here and 14 lakh cases are pending in Punjab, there is no increase in the number of judges, only 2 lakh cases are pending in Lahore High Court. He said just increasing the number of judges is not the solution, the entire infrastructure is needed, adding “I don’t know what is the purpose behind increasing the number of judges.”

A 3-member bench headed by Justice Jamal Khan Mandokhail and comprising Justice Athar Minallah and Justice Malik Shehzad Ahmed Khan on Wednesday heard different cases. The bench heard the jail petition of Usman alias Shaan, a convict serving life sentence in a murder case.

Assistant Prosecutor General Punjab Irfan Zia appeared on behalf of the Punjab government. Justice Athar Minallah said that these are all jail applications of poor prisoners, these applications have not been scheduled for hearing since 2017.

“It is the responsibility of the state, has the state fulfilled its responsibility, it is the responsibility of the state to provide cheap and speedy justice, the courts are not part of the state, the president of the country has to write an annual report regarding the performance of the judiciary which he has never written,” Justice Minallah noted.

He directed Assistant Prosecutor General Punjab Irfan Zia to read Article 37 of the Constitution, Article 7 of the Constitution and Article 29 of the Constitution. Justice Jamal Khan Mandokhail said that a criminal has spent 34 years in jail without any concession of sentence, will the prisoner remain in jail even after completing the sentence.

Justice Athar Manallah directed Assistant Prosecutor General Punjab to read Article 212(B) of the Constitution as well. He said that if they make laws, then parliament and executive should also monitor, parliament, courts and executive forget after making these laws.

Justice Malik Shehzad Ahmed Khan said that you do not know how long you are inside and how long you are outside. Justice Jamal Khan Mandokhail dictating the order said that the accused has completed his sentence and has been released on December 6, 2024. The court disposed of the application on the ground of becoming infructuous. The bench also directed the government lawyers to convey the observations of the court to all the governments.