إِنَّ اللَّهَ يَأْمُرُ
بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْبَىٰ وَيَنْهَىٰ عَنِ
الْفَحْشَاءِ وَالْمُنكَرِ وَالْبَغْيِ ۚ يَعِظُكُمْ لَعَلَّكُمْ تَذَكَّرُونَ
Surely Allah commands the doing of justice, the doing of good, and liberality to
kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He
instructs you, that you may receive admonition .
بے شک الله انصاف کرنے کا اور بھلائی کرنے کا اور رشتہ داروں کو دینے کا حکم کرتا
ہے اور بے حیائی اور بری بات اور ظلم سے منع کرتا ہے تمہیں سمجھاتا ہے تاکہ تم
سمجھو .
, An-Nahl, Chapter #16, Verse #90) سورة النحل (
لَقَدْ أَرْسَلْنَا رُسُلَنَا بِالْبَيِّنَاتِ وَأَنزَلْنَا مَعَهُمُ الْكِتَابَ
وَالْمِيزَانَ لِيَقُومَ النَّاسُ بِالْقِسْطِ
Indeed We have sent Our Messengers with clear proofs, and revealed with them the
Scripture and the Balance (justice) that mankind may keep up justice.
البتہ ہم نے اپنے رسولوں کو نشانیاں دے کر بھیجا اور ان کے ہمراہ ہم نے کتاب اور
ترازوئے (عدل) بھی بھیجی تاکہ لوگ انصاف کو قائم رکھیں
(سورة الحديد, Al-Hadid, Chapter #57, Verse #25)
وَأَقِيمُوا الْوَزْنَ بِالْقِسْطِ وَلَا تُخْسِرُوا الْمِيزَانَ
So establish balance with justice and fall not short in the balance.
اور انصاف سے تولو اور تول نہ گھٹاؤ
(سورة الرحمن , Ar-Rahman, Chapter #55, Verse #9)
Dispensation of "Justice" is an attribute of ALLAH delegated to 'man' for which
he is directly accountable to ALLAH . Such "Justice" is usually imparted by
'Court' from time immemorial being sole institution to dispense "Justice"
amongst person to person & state to person and thus immense veneration, respect
and public acceptance is commanded by the Judiciary. Incontrovertibly, it is an
esteemed forum where 'aggrieved' & 'oppressed' people make Claims, Complaints
and express their pent-up grievances for determination / restoration of their
rights, by holding a pivotal position of bestowing "Justice" within the orbit of
law in all circumstances, which is cornerstone of a stable society.
Notwithstanding the fact that the essential ingredients of a "Court" which
usually consist on (1) Judge / Magistrate / Presiding Officer, (2) Advocate /
Counsel / Attorney and (3) Law Enforcing Agency / Police / Prosecutor, etc, are
seemingly available here imbued with sincere will and determination to impart
Justice expeditiously in accordance with the given Law, Rules, Procedure,
Evidence and Practice, supplemented with Judicial Policies, nevertheless, the
human made laws are always heading towards more perfect 'Justice" and thus there
is always a room for improvement; through suggestions & proposals.
Hence, following improvements are suggested for dispensation of expeditious
justice : -
1. C O U R T R O O M / B U I L D I N G
- - - - Building should be strongly built , impressive, graceful, neat, clean
and adequately furnished .
- - - - Properly protected and equipped with CC TV, Emergency Alarm, Standby
Generator, Fire-Extinguisher and Computer-sets (with Internet, Scanner, Printer
and Speakers).
- - - - Entire Court-Proceedings should be recorded (in the Computer) every day
(at the cost of litigants), so that each and act / every sentence of Litigants,
their Counsels and of the Judge is invariably recorded / preserved / saved to
ensure that each and every fact remains available on the C.D. , Cassette, or USB
drive; enabling the Hon'ble Court to note / consider each and every relevant
fact while arriving at the judgment.
- - - - "Ramp", "Lift" & "Toilet" facility should be made available for every
floor of each Court-building; so that Disabled-persons / Wheel-chair Users /
Pushing-chair Users are not deprived the opportunity to seek justice, or, to
appear as a 'Witness'.
2. R E C O R D
- - - - Case-files (with Front-cover, Spine and Back-cover) should be durable,
uniform-shape with capacity to add / remove pages and properly tagged in the
blank-margin of
papers (without damaging the written portion). If expensive, cost of file can be
charged from Advocate / Counsel.
- - - - Each page of the Case-file should be numbered properly by the Court
Staff - before submitting the file on every date of hearing.
3. R E C O R D R O O M / L I B R A R Y
Following befitting measures are immediately taken through all Hon'ble Distt: &
Sessions Judges to save the "Records" as well as the "Life & Health" of the
'Staff' posted in these Record-Rooms of Distt: & Sessions Courts : -
- - - - The roofs, walls, windows & doors are made water-proof / seepage-free
and fully secured from theft or fire.
- - - - Periodical "Fumigation" & "Spray of Pesticides" is made on half-yearly
basis in each 'Library' & 'Record-Room' to avoid vandalism thereof , so as to
ensure that these rooms are not infested with different kinds of "Pests",
"Vermin", "Termites", "House-Mouse", "Norway-Rats", "Spiders" , "Bed-bugs" ,
"Dust" and "Unhygienic-suffocation", besides, multiple invisible bacteria
- which speedily erode the precious record of the files of Hon'ble Courts,
because, no "Fumigation" or "Spray of Pesticides" has ever been conducted during
last many years .
- - - - Simultaneously, the Staff posted in the 'Libraries' & 'Record-Rooms'
also deserve pleasant and healthy working-environments, because, their life is
equally important for their Families & Children.
4. S E C U R I T Y
Instead of exclusively depending upon the Distt: Police, an indigenous “Judicial
Security Systems”(JSS) and “Judicial Protective System” (JPS) for the foolproof
protection of lives and properties of persons related with the Supreme Court of
Pakistan, High Courts as well as the sub-ordinate Courts thereof (including the
protection of family of Judges) as proposed vide C.P. No.D-1289 / 2007 be
introduced and such indigenous JSS / JPS shall also be responsible to accompany
the Nazir / Bailiffs of the Court while implementing the order / writ / decree
(as per orders of Hon'ble Courts).
5. J U D G E
- - - Hon'ble Judge is always believed to be honest, unbiased, impartial, free
from being influenced with the instinct feelings of greed, fear or nepotism -
who can prove that he is emotionally-balanced and does not sustain grudge,
disliking or animosity for any particular "Cap" / "Dress", "Community",
"Language", "Religion", "Sect", "Political-affiliation", "Province", "Cast" or
"Creed" . Moreover, a Judge is need not be of irritative-nature, emotional,
harsh, aggressive, vindictive, prejudicial, or, proud and instead of flying into
a fit of rage, his behaviour, conduct and performance displays that he is
composed, learned, tolerant and a combination of ethics, morality, decency,
etiquette, righteousness, equitableness and God-fearing. He instead of focussing
on the 'face' of an Advocate ( his stature, prominence and persisting
acquaintance) he pays heed into merits of the 'case' irrespective of appearance
of a less-prominent Advocate against any highly reputed Advocate.
- - - Hon'ble Judge / Justice never becomes a silent spectator of delaying
tactics, and instead of being instrumental to frustrate the “Judicial Policy” he
is expected to impose increasing ‘fines’ on “Official Respondents” /
“Official Defendants” as well as on other Litigants, on each date of hearing, if
they fail to file Comments / C.A.; The Judge / Justice is also not expected to
feel satisfied / indebted with the mere presence of D.A.G., A.G. or any
representative of Official Respondents; irrespective of their dereliction of
duty. Besides punitive action is also taken against the S.H.O./ Investigation
Officer for submitting delayed challans.
- - - Hon'ble Judge never creates an impression that If a ‘Prominent Lawyer’ is
absent, his case is adjourned (repeatedly) , but, the case of ‘less-prominent
Lawyer’ is dismissed for non-prosecution on first absence ; irrespective of fact
that Comments / C.A. of other side were awaited, or, even if, it was a ‘Public
Interest Litigation’.
- - - Hon'ble Judge never creates an impression that “Prominent Lawyers’ are
given undue time to reiterate their contentions / arguments, but, the
‘less-prominent Lawyers’ are denied the right of audience / patient hearing to
elucidate the facts of case or the Judge / Justice interrupts and stops him to
proceed ahead.
- - - Hon'ble Judges never create an impression that the offence of
"Non-registration of FIRs", "Avoidance to Register FIR" & "Delayed Registration
of FIR" has been usually regularized / encouraged by some Hon'ble Judges,
because, thousands of Complaints / Petitions are received in the Courts every
month against Police Officers regarding "Non-Registration of FIR" and thus it is
proved beyond any doubt that the concerned SHO / Duty Officers have deliberately
and for indefinite period :-
a) Violated & disobeyed the Constitution of Pakistan, Directions of Law ( S.154
Cr.P.C., Police Laws and Directives / Instructions issued by Home Department);
b) Committed offence U/S.201 PPC :- By causing dis-appearance of evidence due to
non-registration of FIR;
c) Committed offence U/S.217 PPC :- By disobeying direction of law with intent
to save person(s) from punishment or property from forfeiture;
d) Committed offence U/S.218 PPC :- By framing incorrect record to save person(s)
from punishment or forfeiture of property;
e) Committed offence U/S.220 PPC :- Having authority to commit for trial or
confine, acts contrary to law;
f) Committed offence U/S.221 PPC :- Intentional omission to apprehend on the
part of a public servant, bound by law to apprehend an offender;
g) Committed offence U/S.225 PPC :- Omission or resistance to lawful
apprehension or causing escape of offender.
It seems an strange irony of this nation's fate that instead of taking serious
note / cognizance of the above repeated offences, some Hon'ble Judges have
traditionally deemed expedient to extend leniency to the Police Officers and
have contented to simply issue orders to the concerned Police Station to
register the said FIR. This soft attitude towards 'Police' has contributed to
aggravate the Dereliction of Duty and Delinquency towards registration of FIR,
and resultantly the lawlessness has been widely disseminated.
6. A D V O C A T E
Advocates reputedly enjoy a very high position in the society and are the
custodian of the rights of the people and are always expected to conduct
themselves in such a way so as to uphold the high standard, dignity and respect
of the profession both within and outside the Court and are treated as officers
of Court because their duty to the Court has precedence over their duty to
their Client, because, it is the duty of Counsel to research the relevant law
thoroughly and advise their Clients honestly, thus, when each Counsel signs,
files or submits to the Court any 'application', it is assumed that the
application is not being presented for any improper purpose, such as to harass
or to cause unnecessary delay, that the legal contentions therein are warranted
by existing law and is not contrary to the clear provisions of the statute and
the established law & practice. The Counsel neither succumbs to temptation of
money offered by a client, nor, takes up a brief without ascertaining true facts
and researching the law, nor, he would be deemed to be a party to the vexatious
claim, nor, his duty to the Court would be subordinated to his duty to his
client.
Although the Canons of Professional-conduct, Duties and Etiquette of Advocate
are enumerated within the provisions of Legal Practitioners & Bar Councils Act
1973 and Rules made thereunder, simultaneously, his conduct, attitude and
behavior does also reflects the morality, ethics, discipline and integrity
inherited by him from his academic & family environments.
The image, reputation, respect and entity of every Advocate is strongly woven
with each other as an integral part of the 'Legal-fraternity' / 'Unity of Bar'
which renders him more scrupulous, tolerant, composed and responsible in every
walk of life. This is why an Advocate :-
a) is not expected to Rush wildly towards the "Dinning Table", because, he
believes in a "Bread with honour";
b) is not expected to Fight physically with any body, because, he is capable to
convince others with his intelligence, wisdom and arguments / conversation ;
c) is not expected to Become a tool in the hands of his Client, because, he is
duty bound to assist the Court and to provide speedy justice to his client and
such was also ordained by Almighty Allah in the Holy Quran to administer
justice.
d) is not expected to Take law in his hands, use filthy language, or demonstrate
carelessness during protest, because, he is highly educated, an officer of Court
and his every word & act is expected to display his relation with law, besides,
representing the reputation of his 'Legal-fraternity'.
e) is not expected to represent any Political, Sectarian or linguistic group,
because, he is believed to be unbiased, impartial, independent and comrade of
all but partisan of none, so that every person could trust him and consider him
as well-wisher of all.
f) is not expected to prepare improper brief or not placed the relevant law
before the Court, because, the Counsel must not mislead the Court and any lapse
on his part to come to the Court without facts & law would show disrespect to
the standards of the professional duty to the Court in the administration of
justice and negligence of his duty to client and thus such Counsel has committed
breach of the Canons of Professional Conduct and Etiquette of Advocate.
g) is not expected to create impediments in the implementation of 'Judicial
Policy', because, an Advocate was duty bound to assist the Court in order to
administer speedy justice, and any violation of the same would amount to
professional misconduct and would disentitle an Advocate to remain on the role
of Advocates.
In short, every Advocate should always continue to evaluate himself by keeping
in mind the following questions :-
- - - - What are the Advocate’s Roles and Responsibilities?
- - - - What Might an Advocate do for this Society ?
- - - - What should be the Goals of an Advocate ?
Let us contribute so that Courts of Law become Courts of Justice .