Mulk ki adalto par cases ka barhta hua bhoj, wajuhat kiya??
Mulk ki adalto par cases ka barhta hua bhoj, wajuhat kiya??
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00:00First of all, today is the International Day of Justice, and if we listen to big statesmen,
00:09they say that in a country where the justice system is the best, nothing can go wrong.
00:14But do you understand where we are standing today when we talk about justice?
00:18And as Ashfaq mentioned a lot of stats here, there are more than 22 lakh cases under investigation.
00:24This is a burden on our justice system.
00:27So what are the shortcomings due to which this number is increasing instead of decreasing?
00:33In the name of Allah, the most difficult thing for us is case management.
00:40We are still following the old system.
00:44There have been many attempts, papers have been written, advices have been given,
00:49but they have never been implemented.
00:53Until your case management system is not right, this will remain difficult.
00:58The second thing is the lack of judges.
01:01You just talked about the district judiciary.
01:04The biggest issue there is that there is a lack of judges.
01:07The second thing is that you need to update your civil procedure code or criminal procedure code
01:14that in today's modern times, there are so many cases, how do you control them?
01:21Then there is another thing.
01:23A lot of courts are empty.
01:25No judge comes there.
01:27And the cases that are transferred to another judge, they never go there.
01:31Because they are waiting.
01:33So these are all things that you will not address until you address them.
01:37Then there is a lot of litigation.
01:40It is frivolous.
01:42It is done to annoy you or for some other reason.
01:46In our country, the cost is high.
01:49For example, in foreign countries, if you lose a case or the court thinks that you have entered a wrong case,
01:54then you have to pay a heavy fine.
01:57In our country, that system is also not available.
01:59Mr. Zubair, I was saying one more thing.
02:01Even in the district high court, there is a lack of judges.
02:05Right now, in Lahore High Court, Sindh High Court, in every court,
02:08especially in Lahore High and Sindh High Court, there are a lot of judges.
02:12The positions are empty.
02:13They have not been filled yet.
02:15So these are all things because of which we are facing a lot of litigation.
02:19Then there is also a violation of the constitution.
02:21Mr. Abid, my question in this is that more concern is of the sub-courts.
02:27This is of the district courts.
02:29This is the situation in the courts.
02:31When we talk to the police, there is a need to rectify certain matters.
02:39So if someone's court comes into contact with the courts,
02:41then everyone realizes that not only the judges, but also the sub-staff
02:47need to rectify their court.
02:49There is a continuation of violations of the constitution.
02:53People are badly affected by it.
02:55Then the second thing is that you know how things work over there.
03:00So there is a need to focus on this as well.
03:03Because otherwise, it seems next to impossible.
03:06See, who will enforce this?
03:08See, the judicial staff over there,
03:12naturally there are judicial judges,
03:14there is a district judge,
03:16there are judges under him,
03:18and in the high court,
03:20in our Assam high court and in other courts,
03:22there is also a monitor judge.
03:24Then there is monitoring from the high court.
03:27Because the supervision under the constitution comes under the high court.
03:33They have supervision in article 202 of the constitution.
03:37So this is their right over there.
03:39As you said, there is a need to be strict with them.
03:42If they are troubling people,
03:44their staff is not doing the right thing,
03:46or is involved in illiteracy,
03:48then there will be strictness.
03:50And the strictness means that there will be action against them.
03:54Then only the situation will be right.
03:56But if we all become lawyers by status,
03:58become judges by status,
04:00then the matter will never be like this.
04:01If the matter is going on, let it go on like this.
04:02You have to correct all these things.
04:04If we don't correct ourselves,
04:06we will remain in this state and people will continue to go down like this.
04:09But the numbers so far,
04:11for instance,
04:1382% of the cases,
04:15because people go to the judiciary first.
04:18Only 18% are in the high court.
04:21So what is the reason that no assessment is done on them?
04:24Or the way we also see that
04:26when you go to the court,
04:28you find out that the judge has gone on leave.
04:30He is not on leave even today.
04:32The transfer judge is not getting connected.
04:34There are a lot of such issues in the lower judiciary.
04:36So who is responsible for seeing this?
04:39In the case of the high court,
04:41as I told you, the courts are under the high court.
04:43In the constitution, the high court has the right to supervise them.
04:46The high court should see
04:48and the judges under the high court,
04:50the chief justice,
04:52should appoint the judge
04:54or the judge under the high court
04:59and go on monitoring with them.
05:01But the case management will not be done.
05:03As I told you,
05:05a lot of cases in our country
05:07are brought in
05:09to increase the merit
05:11or to reduce the case.
05:13Until they are not dealt with,
05:15you will have this tendency.
05:17The second thing is
05:19to file a case,
05:21take a stay,
05:23and then reduce the case.
05:25The second party against which a stay is made
05:27is the Indian one.
05:29It is the Indian military system,
05:31the criminal system.
05:33The biggest problem in our country
05:35is that the prosecution department
05:37is in the hands of the police.
05:39Until they go and give their papers,
05:41a lot of times,
05:43the accused is not brought to the court.
05:45Then there are holidays,
05:47then there are strikes,
05:49then things get worse.
05:51But I say,
05:53there have been a lot of reforms.
05:55If we try to implement it,
05:57a lot of things
05:59will get better.
06:01That's the point.
06:03We have heard a lot
06:05about the reforms.
06:07A lot of reforms
06:09are brought in.
06:11But still,
06:13there is a lot of chaos in the case.
06:15A poor man's case
06:17has a different treatment.
06:19A high-profile person's case
06:21has a different treatment.
06:23We see a lot of speedy justice.
06:25What is stopping this
06:27in the lower courts?
06:29Who can stop it?
06:31Why can't it be stopped?
06:33Our Civil Procedure Code
06:35is an excellent code.
06:37It needs amendments.
06:39There have been amendments.
06:41If you implement it,
06:43there are sections
06:45that can stop it.
06:47There are things
06:49that the court can do,
06:51but it is not implemented.
06:53They don't do it like this.
06:55Only the courts
06:57have these issues.
06:59In the British era,
07:01when cases were going on,
07:03the British said
07:05that in India,
07:07there is a judgment
07:09in 1880, when your appeals
07:11used to go to the Privy Council.
07:13They said that in India,
07:15the litigant's problem starts
07:17when the appeal is filed.
07:19They didn't realize
07:21that the case would start
07:23in the lower courts.
07:25Mr. Barrister,
07:27I would like to point out
07:29that there is a reason
07:31why judges retire
07:33after reaching a certain age.
07:35Even if it is the Chief Justice.
07:37After that,
07:39within 3 years,
07:41one of the judges
07:43has to be an ad-hoc judge.
07:45You have negated the age
07:47requirement for retirement.
07:49You know that
07:51in Judiciary,
07:53seniority matters are considered.
07:55But if you are an ad-hoc judge,
07:57you end up in the seniority list.
07:59You don't remain a senior.
08:01Despite this,
08:03instead of fresh judges,
08:05what is your view
08:07on ad-hoc judges?
08:09The point is that
08:11ad-hoc judges give us the right
08:13to appoint an ad-hoc judge.
08:15There are two ways.
08:17If a judge has retired
08:19within 3 years,
08:21then he can be appointed
08:23as an ad-hoc judge.
08:25Another ad-hoc judge
08:27can be appointed
08:29by the Supreme Court
08:31with the permission
08:33of the Chief Justice
08:35of the High Court.
08:37The Supreme Court
08:39gives you Article 182
08:41to call a judge
08:43from the High Court
08:45to be an ad-hoc judge.
08:47We had a judgment
08:49in the 90th anniversary
08:51of the Al-Jihad Trust.
08:53It states that
08:55as long as your judges
08:57are not complete,
08:59there are 17 judges
09:01under Article 97 of the Supreme Court.
09:03There are 17 judges
09:05and an ad-hoc judge
09:07can be appointed.
09:09But in this situation,
09:11some judges have been appointed.
09:13We have also issued
09:15a resolution
09:17against this.
09:19The impression should not
09:21be that you want to
09:23pack the court
09:25and show your majority
09:27by appointing
09:29a judge of your choice.
09:31We have taken a stand
09:33and we will challenge
09:35this.
09:37You have said that
09:39some have retired
09:41and have not been
09:43an ad-hoc judge
09:45in the history of Pakistan.
09:47Some have been an ad-hoc judge
09:49for months,
09:51some for a year
09:53and some for a maximum
09:55of two years.
09:57I think this is wrong.
09:59The impression should not
10:01be that you want to
10:03pack the court.