March 8, 2006	Wednesday	Safar 7, 1427

Please Visit our Sponsor (Ads open in separate window).

FAISALABAD, March 7: The country’s judicial system is on the verge of collapse owing to implementation of centuries-old rules and regulations and favouritism in appointment of judges.

This was stated by the Supreme Court Bar Association president, Justice Malik Abdul Qayyum (retired), while speaking to the members of the Faisalabad Chamber of Commerce and Industry here on Tuesday.

He said the judiciary was not working up to the mark and the people were not being dispensed with justice, thanks to cumbersome litigation and delay. “The constitution has become impracticable due to rapidly-changing requirements in all segments of society. The procedural, criminal, commercial and banking laws of the country were prepared in 18th century but we are bent upon enforcing the same in the present era,” he added.

He said the British had made a number of amendments to the laws during their tenure but after the partition the authorities concerned could not work properly.

He said now time had come for the establishment of a law commission on a permanent basis by replacing its present structure. The existing law commission, headed by the chief justice of Pakistan, worked only for a fortnight during the last one year and failed to pass any recommendation.

He pointed out that in India, law commission comprised retired judges and senior lawyers who were working round the clock for making mandatory amendments to the law according to international requirements and domestic needs of the country.

Justice Qayyum claimed that during his recent meeting with the president, the matter of law commission was raised and the latter had assured that the matter would be taken up. No concrete step, however, had been taken to resolve the issue.

He also regretted that there was no court or forum for the industrialists to highlight their issue and labour court was acting for the workers while the baking courts had become recovery courts for the financial institutions.

“There is a dire need to set up industrial courts in the country for the resolution of problems facing trade circles. The trade bodies, chambers of commerce and other associations should launch a vigorous campaign for this demand and the bar associations of the country would also support this move.”

About setting up of a Lahore High Court bench in Faisalabad, the SCBA president declared it a demand against the constitution adding that the late Gen Ziaul Haq had established benches of Multan and Rawalpindi just to weaken the power of the high court. A group of lawyers, including myself met Gen Zia and protested over the proposed setting up of Rawalpindi Bench of the LHC and he had assured that he would look into the matter. But the then rulers not only ordered the Rawalpindi bench but also announced setting up of a bench in Multan.

Justice Qayyum said he was totally against the setting up of benches of high court at divisional level as it was an unconstitutional step on the part of the government. The Rawalpindi and Multan benches should immediately be widened up and if it is not possible then the government should announce the setting up of same bench in Faisalabad.

He also criticized the working of the Supreme Court benches in provincial capitals, claiming that the superior court should work only in the federal capital with grace and dignity. There was not a single bench of the Supreme Court of India in any state, except in Delhi.

Similarly, the Supreme Court of USA was also working only in Washington despite the fact that it had vast areas under its control, he added.

He criticized the system of appointing judges in courts. In the USA, he said, the American Bar Association was being consulted before the appointment of any judge. The bar associations of other countries were playing a pivotal role in law making and reviewing the existing rules but in Pakistan not a single bar had so far recommended any amendment to the law since its creation.

Mr Qayyum said it was a regretful act of the Supreme Court when it forwarded the matter of uniform of President Musharraf to parliament without giving its own judgment.

Criticizing the judiciary and the government over the issue of kite flying, he said there was no need to allow the kite flying for a fortnight by the Supreme Court of Pakistan as it had already declared it unlawful. The provincial government took this matter seriously because the president had declared the kite flying and Basant celebrations as jubilant and healthy.

The Punjab government despite a complete ban of kite flying in the country issued a notification for 15 days which was declared valid by the superior court.

He proposed that the government and judiciary should declare kite flying as a sport and select open grounds and stadiums for this purpose instead of allowing this lethal game in congested areas of big cities.