January 26, 2006	Thursday	Zilhaj 25, 1426

KARACHI, Jan 25: The high courts have no power to take suo motu action or cognizance and it is for the legal fraternity and non-governmental organizations to agitate matters of public interest before them, Sindh High Court Chief Justice Sabihuddin Ahmed said here on Wednesday. He was speaking at a seminar, organized by the newly-established Law Foundation and Helpline Trust, to mark the second anniversary of fortnightly ‘The Law’.

There have been varying interpretations of high court powers under Article 199 of the Constitution and this is not for the first time that a chief justice has taken the view that the writ jurisdiction has to be invoked and does not become operational without there being a petitioner. Justice Saiyed Saeed Ashhad, his immediate predecessor, was of the view that not only should there be a petitioner but a petitioner who is aggrieved by the infringement complained against. Former chief justices Nasir Aslam Zahid and Ajmal Mian took a much broader view of the court’s powers.

Justice Ahmed emphasized the need to make legal precepts of real practical use to the people affected by the operation of law. What appears to be of prime importance is an effort to make legal principles really meaningful for the people affected by law. If they remain confined to law books and court records or are reduced to mere shibboleths, they would become irrelevant with the passage of time, said the CJ.

About delay in disposal of cases, the CJ said it was a ground reality that could not be denied. Infrastructural support was required to avoid legal delays, he said, adding there was a growing realization at various levels that justice has to be prompt to provide relief to the people.

He praised the efforts made by Advocate Jawaid A Siddiqi in bringing out a journal devoted to creating legal awareness.

Former Sindh High Court Bar Association president Syed Sami Ahmed regretted that the judiciary had done little to promote the enforcement of rule of law. Ever since the Federal Court judgment in Maulvi Tamizuddin Khan case, it had shown deterioration. There had been brief interludes but they were of little use to put the system on an even keel, the lawyer, who has authored books on judicial history, said.

Justice Nasir Aslam Zahid said that the legal system could be used as an instrument to improve the quality of life. He said there were at least 35 kinds of problems, including crime, pollution and violence against women, that can be tackled by law. He urged the judiciary to develop confidence in the judicial system. Access to justice was also a fundamental right and has to be enforced by the judiciary, he said.

Justice Shaiq Usmani, former SHC judge, said while the statute book was full of laws and legal remedies, there was no enforcement. There was no remedy against police excesses and people have to undergo considerable sufferings before a court comes to their rescue.

Helpline Trust’s Hamid Maker said an example of poor enforcement was provided by the SHC judgment against jirgas. About the plight of women in the existing legal system, he said hundreds of rape and molestation cases were pending proceedings in courts.

Advocate Jawaid Siddiqi said he had made a humble effort single-handedly and was determined to carry it forward.