LAHORE: Supreme Court senior judge Justice Mansoor Ali Shah said on Saturday he would not defend some wrong decisions made by the judiciary in the past, as those were blots on the history of the judiciary.
Addressing the inaugural session of the 5th Asma Jahangir conference here, he was troubled by the judiciary’s history and its global reputation, citing instances that had attracted criticism.
Speaking at ‘The Judiciary Role: Safeguarding Civil Rights’ moot, Justice Mansoor said: “Something or the other happens that causes criticism of the judiciary.” He said currently, 2.4 million cases are pending adjudication in Pakistan. “We are ranked 130th in the world, which is not a good impression,” he remarked, adding that organisations must forget the culture of individualism. “Things should be subordinated to the system and go beyond the individual level. This will bring more transparency,” Justice Shah said.
Justice Shah advocated judicial independence and institutional reforms. He pointed out that it was for the first time that practice and procedure laws had come into focus, signaling the necessity for comprehensive reforms within the judicial system. His call for judicial independence and institutional reforms resonated with the overarching theme of the conference, which seeks to safeguard civil rights and promote legal reforms in South Asia. He suggested that the procedure for appointment of judges be made transparent. “A judge who does not deliver should be kicked out. Corruption in the judiciary should be completely eradicated,” he stressed.
The senior judge said that 90pc of pending cases in Pakistan were held with the district judiciary, adding that the referral culture had to be done away with. He stressed the urgent need for technological interventions to expedite legal proceedings. He advocated for the integration of IT solutions into the judicial system, emphasizing the importance of creating empowered bodies and data analysis rooms for courts.
Highlighting the shortage of judges in the country, Justice Mansoor Shah noted that the current ratio of 13 judges per million people falls far below the global average of 90 judges per million. He also criticized prevalence of strikes in the legal system. Referring to delays in court cases, Justice Shah cited a World Bank report stating that 80pc of cases in Pakistan are postponed. He attributed these delays to both judicial and lawyer-related factors, advocating for reforms to streamline legal processes.
Regarding representation, Justice Shah highlighted the need for greater gender diversity in the judiciary. He stressed the importance of appointing more woman judges and providing them with adequate training and support.
Furthermore, Justice Shah emphasised the significance of commercial courts in addressing economic issues. He suggested that establishing a dedicated commercial corridor in Pakistan could facilitate quicker resolution of economic disputes.
Federal Law Minister Azam Nazir Tarar, addressing the Asma Jahangir conference, stressed the importance of upholding justice in accordance with the law. He highlighted the enduring challenge of terrorism, faced by Pakistan over the past four decades. He expressed his unwavering support for freedom of expression, describing it as a cause closer to his heart. Tarar commended the CJP for recognising the supremacy of parliament and limiting his own authority.
About missing persons, the minister asserted that the issue should not be overlooked. He disclosed his membership in the committee, established by the prime minister to address the pressing issue, underscoring the government’s commitment to resolving it through dialogue and negotiation.
He said the government believes in the freedom of speech. He said social media is not an issue in Pakistan alone, as even the European countries have formulated regulations to restrict social media. He said the government has consulted the stakeholder and will evolve some internationally acceptable standards of regulations for social media.
During the conference, a pro-Palestine protester disrupted the speech of Germany’s Ambassador to Pakistan, Alfred Grannas, as he addressed the audience on civil rights in South Asia. As Grannas started speaking, an activist, who was standing in the middle of the conference hall, said: “Excuse me Mr ambassador. Excuse me. I’m shocked by your audacity that you are here to talk about civil rights.”
The activist also questioned the envoy about his government’s complicity in the ongoing genocide, as his speech was largely aimed at exploring the state of human and civil rights in South Asia, including Pakistan.
“Why your country is brutally abusing the people speaking for the rights of Palestinians,” the activist said, addressing the German envoy.
Ambassador Grannas, who was visibly taken aback, began shouting while asking the protesters not to shout. He also gestured at the students while waving his left hand in the air, asking them to “go out”.
“If you want to shout, go out, and there you can shout because shouting is not a discussion. That it is [sic]... if you want to discuss...,” the envoy said, soon after which the conference went off-air for a while on a digital media platform’s YouTube channel.
However, the speech by Ambassador Grannas resumed in a matter of few minutes. He emphasised the importance of protecting human dignity and commending Pakistan’s judiciary for its role in safeguarding rights. He highlighted the judiciary’s responsibility to interpret and uphold constitutional guarantees, citing specific instances where court rulings led to positive societal changes.
Grannas underscored the significance of academic discussions in informing judicial decisions and expressed hope for fruitful exchanges at the conference.
The protester’s comments resonated with the crowd, eliciting applause and chants of solidarity with Palestine.
The muting of livestreaming of the event sparked a controversy over freedom of expression and censorship. The Progressive Students Collective (PSC) condemned the conference organisers for allegedly silencing dissenting voices and accused them of complicity in what they termed the “genocide” of Palestinians.
Academic Nida Kirmani joined in criticising the participation of the German ambassador, asserting that a country allegedly involved in enabling genocide should not have a platform at a human rights conference.