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Efforts needed to ensure independence of judiciary: CJ

ISLAMABAD: Chief Justice of Pakistan, Mr Justice Irshad Hasan Khan on Tuesday called for genuine efforts for the independence of judiciary and encouragement of public confidence in the judicial system.

The independence of judiciary requires that the judiciary will decide matters before it, in accordance with its impartial assessment of the facts and its understanding of the law without improper influences, direct or indirect, from any source, he said while addressing the inaugural session of Board of Directors Asian Ombudsmen Association's conference.

The inaugural session was also addressed by the Wafaqi Mohtasib Mr Justice Mohammad Bashir Jahangiri and Prof Betram Bastiampillai, Parliamentary Commissioner for Administration, Sri Lanka.

It was attended, among others by Syed Sharifuddin Pirzada, member National Security Council and Law Minister Aziz A Munshi.

The chief justice said: "The judiciary in Pakistan is independent. It claims and has always claimed that it has the right to interpret the Constitution and any legislative instrument and to say as to what a particular provision of the Constitution or a legislative instrument means or does not mean, even if that particular provision is a provision seeking to oust the jurisdiction of the Supreme Court".

He referred to the "Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA Region", adopted in the sixth conference of Chief Justices of Asia and the Pacific held in Beijing. The statement, he said highlighted therein the objectives and functions of the judiciary including: to ensure that all persons are able to live securely under the Rule of Law; to promote, within the proper limits of the judicial function, the observance and the attainment of human rights; and to administer the law impartially among persons and between persons and the State.

Justice Irshad said that the institution of ombudsman in Pakistan could play a very effective, meaningful and historic role in controlling litigation explosion in courts relating to acts of maladministration of public functionaries, by providing cheap and expeditions justice to the people at their doorstep.

He said system of administration of justice in the civilised world including the USA, UK, India and Pakistan was confronted with work load.

If the judicial system, he said was allowed to function without any let or hindrance and if it works well, the people could live their lives peacefully and enjoy freedom, security of their persons as well as the rewards of their labour.

He said if the judicial system works badly then the lives of the people would be marred by constant fear of crime including terrorism. Continual addition of judges and courts in all branches of law was a temporary solution to the backlog crises.

What is, therefore, required was the strategy to be evolved, determining the priorities and objectives in a coherent and constructive way, he added.

He was confident that Mr Justice Mohammad Bashir Jehangiri, Ombudsman of Pakistan, would take up the challenges by putting sustained efforts to achieve the stipulated goals of correcting acts of maladministration rectifying the injustices and abuse of discretionary powers.

He hoped that the conference of the board of directors of Asian Ombudsman Association would furnish an opportunity to discuss the common issues and devise newer, pragmatic and practical methods of redressal of complaints and grievances, in a prompt and efficient manner. APP