ISLAMABAD: Chief Justice Umar Ata Bandial has said courts often err in resolving complicated disputes which require select expertise and careful interpretations of relevant laws.

While delivering a keynote address at the Securities & Exchange Commission of Pakistan’s Symposium on ‘Corporate Supervision and Regulatory Actions — Challenges and Reforms’ on Saturday, CJP Bandial said robust regulatory bodies can fix this issue as they have the required expertise for effective dispute resolution.

He said in complicated disputes, where laws are either vague or require specific interpretation relevant to the case, there is often a “misreading of record”.

“So the first thing is that disputes should be settled by the expert dealing with the issues in question.”

He added that the courts should be involved when there could be more than one interpretation of laws or when the evidence has been wrongly interpreted by the regulator.

CJP Bandial calls for strong regulators with required expertise

He lamented that the judicial system was overworked and quality judges are hard to come by.

“There is a capacity issue in high courts [and] what we need to do is to reduce the burden on high courts and the Supreme Court.”

This can be done by enhancing the capacity of regulators, the CJP added.

The CJP highlighted the significance of regulatory bodies and constitutional bodies during his address. “I mean the Election Commission of Pakistan is a constitutional body. We have to as courts of law support the ECP.” He specifically highlighted the importance of strengthening the auditor general of Pakistan to enable independent account checks for accountability purposes.

The law should support and encourage private businesses which will automatically translate into economic growth.

“Don’t surprise a businessman if you want the business to thrive in this country and particularly the tax regime must be reliable and consistent because you cannot cut the tree if you are looking for the fruit,” he said.

He further stressed the need for shareholder protection, especially the minority and small shareholders.

Published in Dawn, June 25th, 2023