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| 11 December 2004 | Saturday | 28 Shawwal 1425 |
25,000 cases pending in apex court: CJ
ISLAMABAD, Dec 10: Chief Justice Nazim Hussain Siddiqui said on Friday that long periods during which cases remained pending in the apex court resulted in agony and loss to even those who had been given relief
by the three tiers of the lower judiciary.
"It is a matter of great agony, rather torture, for a party which wins in three or four forums but is not able to get relief on account of pendency of a petition or a review petition in this court," the chief justice observed at a full court reference on the retirement of Justice Syed Deedar Hussain Shah at the Supreme Court.
More than 99 per cent of appeals or review petitions were dismissed and the earlier judgments maintained, the chief justice observed, describing the tendency as abuse of the process of law.
He asked litigants to approach the Supreme Court with genuine questions of law requiring interpretation. He regretted that despite the clearance of a huge backlog, 25,000 cases were pending before the apex court.
He said the situation would go out of hand in two to three years when the number might increase to 50,000, if nothing was done to check it. The bench and the bar must work together to strengthen the judicial system by bringing efficiency in it to eliminate the miseries of the litigant public, he observed.
However, while disposing of cases the courts should consider whether their decisions were settling disputes or were a mere disposal, the chief justice observed. "This is a crucial question, which every judge must put to himself before announcing the judgment," he said.
"So also must do the lawyers while making arguments and seeking relief, as this will help a great deal in rescuing the litigant public from frivolous prolonging of the cases - which continue pending either before the same court or travel from one court to another, leaving the litigants in a state of bewilderment," the chief justice observed.
He appreciated suggestions made by the members of the bar for improving the working of the courts by limiting time of arguments, filing of concise statements and skeleton of arguments and enhancing working hours of courts.
"We should not be afraid of making mistakes because only through mistakes we will improve," the chief justice said. "The dream of creation of was not an end in itself, it was and is a means to achieving higher goals like welfare of the people irrespective of caste, creed, colour, sex etc," he observed.
Justice Syed Deedar Hussain Shah observed that successful functioning and prestige of the Supreme Court depended on the upkeep of its judicial conscience and the rule of law.
He deplored the tendency of pointing fingers by the losing parties by accusing that either the judge failed to understand the case or was influenced, instead of telling the truth to their clients that their case was weak.
"This phenomenon has actually destroyed the confidence of the people in the judicial decisions of the courts," he observed adding that a courageous stand taken by an advocate by telling the truth would eliminate frivolous litigations.
Attorney-General Makhdoom Ali Khan said commercial disputes, mired in endless litigation and hesitation by courts to alternate forms of dispute resolution, sapped investors' confidence.
He said recent Supreme Court decisions in Rupali, Hubco, SGS and Westinghouse cases had been extensively commented upon by legal and business circles in the country and abroad.
As concerns about terrorism remained unabated and globalization enhanced market access, promoted free trade and increased cross investment, the laws and courts of the country would receive more international attention, he said.
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