KARACHI: Competent bar must for efficient judiciary
By Our Reporter
KARACHI, Nov 1: A competent bar is necessary for a better and improved judicial system, and if complicated cases come up before a court of law, a competent lawyer can assist the court properly, leading to quick disposal of cases, as judges over-loaded by huge work are unable to marshal through all the important facts of a particular case.
This was stated by Justice Sabihuddin Ahmed, pusine judge of the Sindh High Court, while speaking at the annual dinner of the Karachi Bar Association on Wednesday.
He said: “The most serious problem confronting the people today is growing loss of confidence in the system of administration of justice on account exorbitant delays in the disposal of cases.
“Our own survival as professionals lies in the existence of this system, so it is our prime duty to correct this problem collectively,” he said.
Justice Ahmed expressed concern over the enormous volume of frivolous litigations that is brought before courts.
“Such litigations might bring some temporary advantage to an advocate, but it might eventually destroy the system itself,” he said.
“It pains me to a great deal to say that the legal fraternity has remained completely oblivious to this menu,” he said.
An equally disturbing factor contributing to delays was the frequency of adjournments sought. A concerted effort on the part of the Bar in these directions might salvage the institutions and also reduce the possibility of unilateral measures that legislature or judiciary might be constrained to adopt for tiding over the problem.
He endorsed the KBA president’s demand for inclusion of its president as a non-official visitor to jail which is consistent with the observations of the division bench of the Sindh High Court in Majida Bibi’s case reported in 1994.
He appreciated the role of the KBA, which, he said, always stood for the rule of law and independence of the judiciary. “It is, however, important to realize what meaning these concepts yield to an ordinary citizen who is a victim of arbitrariness and injustice”.
“The rule of law does not mean that some laws prescribing rights of citizens be available on the statute book. They acquire a meaning only if they are exercisable by a citizen as a matter of ground reality,” he said.
“An independent judiciary has no meaning, if it merely exists free from external pressures but is unable to provide redress to a victim for a reason”.
He assured of the help of the bench in efforts towards improving the standard and calibre of lawyers.
Responding to a demand regarding representation of the KBA in the selection committee for judges of subordinate courts, he said he was in agreement with the demand, in principle, but at the same time was of the view that considering the inability of the KBA to deal with the errant members, such a stage was still far away.
He, however, agreed to another demand regarding inclusion of a representative of the KBA in the joint teams conducting visits to prisons.
Referring to the under-trial prisoners languishing in jails on count of minor offences, he advised the lawyer bodies to form a committee for giving recommendations regarding reforms in prison rules and the jail manual.
On the issue of delay in confirmation of bail after grant of interim or pre-arrest bail, Justice Sabih said he too was in favour of deciding such matters at the earliest.
He said any case of un-reasonable delay must be brought to the notice of the member, inspection team of the SHC.
He also expressed sorrow over the demise of three members of the KBA — Mansoob A Qureshi, Gul Zaman Khan and Mumtaz Memon.
Muhammed Sadiq Hidayatullah, President of KBA, in his address, was critical of the failure of the government to protect the lives of the people.
He also demanded a compensation of Rs 2 million to the heirs of each deceased.
Mehmood-ul-Hasan, honorary secretary of KBA, in his address, mentioned the achievements of the outgoing managing committee.
