Courts are independent, will remain independent & will deliver judgments independently: CJP Gulzar Ahmed
LAHORE, Dec 04 (SABAH): Chief Justice of Pakistan Justice Gulzar Ahmed has said that the courts are independent and will remain independent and will deliver judgments independently, adding that we have always done this and my judges are also doing the same. CJP said that it was his desire that these institutions should continue working more actively.
While addressing a seminar ‘Role of Judiciary & Legal Fraternity in the Improvement of Justice System’ organized by the Punjab Bar Council at its office in Lahore on Saturday, Chief Justice of Pakistan Justice Gulzar Ahmed said that lawyers and judges are always together and remain together, adding that together in a sense that the lawyer argues and judge delivers his judgment and no one should get annoyed or quarrel on this matter. He said that there are lawyers of two sides and possibly one side wins and the other side loses and this is happened daily with the lawyers. He said that the lawyers win some cases and lose some cases, adding that further remedies have been given in the law.
Chief justice said that there is a systematic judicial system under which from lower to highest court the whole law is written. He said that these courts exist for this very purpose that if one decision is wrong then the other court should correct it and if the second court also commits mistake then the third court should correct it and the matter ends at the Supreme Court of Pakistan. He said that debate could be held on the SC verdict and fair comment could also be made but it could not be made basis of some dispute or annoyance. He said that the creative criticism could be made on the court verdicts and this happens in our society and judges did not mind it, adding that we will listen and examine whether the criticism is right or wrong and will try to benefit from this criticism in our next judgments.
Chief Justice Gulzar Ahmed said that making mind that this is trend of judiciary, adding that there is no trend of judiciary, adding that the courts and judges will hear the case and will deliver judgment according to the facts of the case and law, adding that there is no trend that the judge will deliver judgment of winter in winter season and will deliver judgment of summer in summer season, adding that the law not changes.
Chief justice said that it was not understandable thing for him that how tension is created between the judges and lawyers, adding that there should be no possibility of it. He said that there should be some SOPs and rules and regulations for the lawyers and there should also be some rules and regulations for the courts that if any lawyer has complaint about the court he should approach that channel and inform about his grievance.
Chief Justice Gulzar Ahmed said that protecting the fundamental rights of the citizens was the judiciary’s constitutional duty, and failing at it meant violating the oath.
CJP Gulzar Ahmed disagreed with the claim of Advocate General Punjab Ahmed Awais Advocate, who, during his speech, claimed that he did not see the people’s fundamental rights being protected in our society.
Awais had further maintained that the government had failed to protect the basic rights, and if things remain unchanged then ultimately the legal fraternity will come forward to ensure the protection of those rights.
Justice Gulzar said he did not agree with the opinion, but adding that if the time came to that then the judiciary will fight against the situation.
Furthermore, the CJP urged lawyers to put a stop to the ‘culture of adjournment’. “[Adjournments] make sense if there is an extreme cause, otherwise there should be no need to request for an adjournment,” he added.
“There is no doubt that the number of pending cases has increased,” Justice Gulzar said, adding that there were several reasons behind it, Covid-19 being one of them; and some others which could not be discussed on this occasion.
The litigants suffer a lot if cases will continue to remain pending and adjournments given, the CJP said. He also pointed out the matter of frivolous litigations, a practice that he said needed to end.
Justice Gulzar Ahmed expressed displeasure at the condition of district courts province-wide, and directed Chief Justice Lahore High Court Muhammad Ameer Bhatti to seek a report from his inspection judge on it.
Speaking on the matter of judge’s appointment, the CJP observed that the judicial commission had now become independent and the times when judges gave dictation to it over appointments have gone. “Everything is being done through due process,” he added.
After the CJP concluded his speech, senior lawyer Abdullah Malik also handed over an application to CJP Gulzar Ahmed demanding to take suo muto notice on the Sialkot lynching incident.
The CJP after reading the application gave it to his secretary asking him to look into the matter.
The seminar’s atmosphere turned defensive when the LHC CJ spoke about the conduct of lawyers. He was responding to the representative of Punjab Bar Council’s remarks, made during his address, about lawyers playing a pivotal role in the restoration of the judiciary.
“Section 7 ATA should not be added up in FIRs registered against lawyers and the lawyers do not cooperate and their grievances are not addressed,” he said.
Justice Muhammad Ameer Bhatti said that 99 per cent of the representatives of district bar associations appear in judge’s chambers for their personal matters rather than resolving problems facing the lawyers’ community. “Was it for this purpose that the lawyers had restored the judiciary; to attack its own house,” he added.
After Justice Bhatti’s speech, Muhammad Iqbal Saqib, the chairman of seminar and symposium committee, expelled the impression saying that if even a single case was proved in DG Khan that a bar representative had come to his personal matter, he will resign.
It is the allegation that 99 per cent of the bar representatives are involved in deciding their personal matters. He said there are criminal judges but they are part of the system.
At which LHC’s CJ Bhatti stood up once again and began walking towards the dice. He assured Saqib of taking action if an application regarding this was filed with the court. He took decisions and expelled some judges from the judiciary and we will take action in future.