KARACHI, Dec 16: The Sindh Amicable Settlement of Disputes Act seeks to legalize jirga and panchayat trials and confers judicial authority on non-judicial forums, High Court Bar Association President Akhtar Hussain warned on Thursday.
Speaking at a full court reference on the retirement of Justice Shabbir Ahmed, he recalled that Justice Rehmat Hussain Jafri had declared jirga trials illegal recently and the enactment deserved to be condemned as an attempt to bypass the judgment.
Jirgas were a remnant of feudal and tribal society, he said, and wondered how our legislators could countenance such symbols of darkness. Referring to successive superior courts' verdicts, he said the judicial function of the state could not be assigned to any parallel organ or body.
The SHCBA chief also referred to a recent attempt to create a 'federal commercial court' in the presence of various tax tribunals and banking courts and company and banking benches in the high courts.
Such moves were fraught with grave consequences as they showed that the executive was not interested in the smooth functioning of the existing institutions. Addressing the reference, Sindh Bar Council executive chairman Abrar Hasan said the superior courts had acquitted themselves well despite heavy odds.
In spite of delays and the difficulties faced by the litigant public, the volume of litigation was on the rise, which evidenced the public confidence in the institution of judiciary, he said.
The reference was also addressed by Chief Justice Saiyed Saeed Ashhad, Advocate-General Anwar Mansoor Khan, Deputy Attorney-General Syed Mohammad Zaki and Karachi Bar Association Vice-President Abdul Rasheed. The speakers paid rich tributes to Justice Ahmed.
They referred to his landmark judgments, particularly in relation to the corporate law. In one case, he held that where a company's assets had arbitrarily been undervalued, the court could interfere to protect the interests of minority shareholders, in particular.
In another case, he expanded the fundamental right to freedom of movement. The judge, the speakers said, consistently upheld the independence of judiciary.
