ISLAMABAD: The trial of 108 references, including high-profile cases, filed by National Accountability Bureau (NAB) is progressing at a snail pace in three accountability courts of Islamabad due to the shortage of staff and lack of oversight by the Islamabad High Court (IHC).

A written order issued by IHC Chief Justice Athar Minallah on a petition of Chaudhry Mohammad Akram stated that the accountability courts in the federal capital were overburdened.

The references included those filed against former president Asif Ali Zardari, ex-prime ministers Shahid Khaqan Abbasi, Yousuf Raza Gilani, Raja Pervaiz Ashraf and several former ministers.

Citing the reports of registrars of the accountability courts and special courts, the IHC order observed that “the prevailing working conditions are deplorable and obviously an impediment in dispensation of justice. It also denies to the litigants their right of effective access to justice.”

Working conditions in accountability courts deplorable, impediment to dispensation of justice, IHC order says

According to the reports, there are 108 trials pending. The courts’ staff is employed and controlled by the Ministry of Law and Justice. There is a shortage of court staff while efficiency of the staff posted by the ministry is questionable.

It said no budget had been allocated for meeting the expenditure of the Federal Judicial Complex and the special courts established therein.

“It is alarming to note that the management of the Federal Judicial Complex has no ownership because the Pakistan Works Department has refused to accept the responsibility. Several special courts are nonfunctional because judicial officers have not been posted by the federal government,” the court order said, adding: “The working conditions at the Federal Judicial Complex are abysmal and definitely it has a profound effect on the functioning of the special courts and dispensation of justice.”

IHC on Dec 24, 2020, had pointed out that the administrative arrangement relating to the special courts was in violation of the principle of separation of powers.

Mirza Shahzad Akbar, Special Assistant to the Prime Minister, had appeared in the court and given an assurance that the shifting of the district courts from F-8 to the five acres allotted for this purpose will be given top priority by the government.

“In the last two years, this court has been vigorously pursuing the federal government to establish a state of the art judicial complex at the allotted plot. Likewise, the federal government has also been directed to establish facilities at the five acre plot, which has been separately earmarked for the use of the lawyers of Islamabad Bar Council,” the court order added.

Mr Shahzad Akbar had stated before this court that he would visit the Federal Judicial Complex. However, it appears that no one from the federal government has visited the complex.

The court directed the secretaries of interior, law and justice and the chief commissioner Islamabad to appear in person along with their reports regarding status of the construction of the judicial complex for district courts and the facilities for lawyers on the separate plot.

Further hearing in the matter was adjourned till Feb 25.

Published in Dawn, February 24th, 2021