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| September 14, 2005 | Wednesday | Sha'aban 9, 1426 |
Judiciary needs public faith, says Justice Mirza
ISLAMABAD, Sept 13: Justice Hamid Ali Mirza of the Supreme Court said on Tuesday that the real challenge to judicial system was restoration of public faith and confidence in the judiciary.
“Litigation in this country is both luxurious and full of dilatory tactics on the part of unscrupulous litigants,” he said at a full court reference held in his honour on the day of his retirement.
Justice Mirza, who has been reappointed as an ad hoc judge of the Supreme Court, observed that proceedings in the civil courts were conducted at a snail’s pace and continued to be adjourned without any progress.
“Therefore judiciary has to play a dominant role to put the wheel of justice on proper rail,” he said, stressing that “this could only be achieved if honest and dedicated persons with integrity were selected to dispense justice right from the civil judge up to the apex court.”
“A single dishonest appointment could have adverse effect on the entire system,” he said, quoting Hazrat Ali’s (RA) famous letter to his governor in Egypt Malik Ashtar.
“If everyone is honest in the performance of his duty, then certainly there would be less litigation,” he said. By tendering honest advice, the lawyer could discourage frivolous litigation to save the other party from uncalled for litigation and expense.
“Cost of litigation even on minor issues has become so exorbitant that common man can seldom afford the financial burden of litigation,” he said.
Justice Mirza also stressed the need for bringing drastic changes in the process of law to keep it up with the present day society.
Earlier, lauding the services of Justice Mirza, Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry said he possessed a keen judicial mind and the ability to successfully resolve intricate questions of law and fact.
The CJP said Justice Mirza always commanded the respect and cooperation of the legal fraternity while being on the bench and delivered many leading judgments which would always be remembered.
Attorney General Makhdoom Ali Khan meanwhile deplored that failure on part of the government authorities and agencies to enforce the law and to protect and preserve our resources had resulted in an accelerated degradation of environment.
“Most of the rivers and water bodies have been polluted and large-scale deforestation continues. Something needs to be done and done fast if we are to save ourselves from ourselves,” the AG warned.
Makhdoom Ali Khan said the apex court was the only place in the country where something could be done to check this slide as a clean atmosphere and an unpolluted environment were held to be part of the constitutional guarantees of life and dignity.
Environmental matters are not merely a dispute between two parties, but a question of public importance which concerns us all. Therefore, the rule of locus standi in matters relating to environment cannot be applied with full rigour, the AG stressed.
President Supreme Court Bar Association (SCBA) Qazi Mohammad Jamil asked the apex court to concentrate more on hard pressed citizens of Pakistan as the man in the street was not so much concerned about the niceties of constitutional cases but was more interested in his day-to-day problems requiring judicial solution.
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