No need for military courts: SC

ISLAMABAD: Supreme Court (SC) judge Sarmad Jalal Osmani observed that there was no need to set up military courts, and asked if the judges of the military courts would be more competent, dutiful and intelligent than those of the apex court and would be able to address all problems.
He further observed, “There is a shortage of staff in the courts and it is required to address the issue as a priority.”A two-member SC bench comprising Justice Jawwad S Khawaja and Justice Sarmad Jalal Osmani took up for hearing the case of implicating Haider Ali, citizen of Chakwal, in litigation by the police.
Justice Jawwad S Khawaja, while expressing grave concern over the statement of Prime Minister Nawaz Sharif published in newspapers with reference to pending cases in the courts, remarked that the government — and not the court — was responsible for the pending cases. “The government after declaring itself inefficient puts all the blame on the courts. On the one hand, the government says that it is its own incompetence that it cannot enact effective legislation and on the other, it is saying the courts don’t perform their function properly. When evidence is not collected against the culprits and challans are not completed, the accused will continue to be exonerated from the courts,” he observed.
He said, “Providing justice to the people is an obligation of the government. The courts should do their job or they should do the government’s job, too. If the government cannot do its job, it should empower the courts to run the government. If all the police officers of grade-17 and above are virtuous and all others are incompetentand ineligible, as to why no action has been taken so far over police highhandedness. Clean chit has been given to senior police officers to perpetuate brutalities over the people. The court has repeatedly said there are loopholes and lacunas in criminal laws. Why the government does not legislate.”
Justice Khwaja said, “Had the government done its job, the cases would have not stayed pending today. Punjab prosecutor general is saying 573 police officers and employees are incompetent and among them 34 officers belong to Lahore. Government cannot exonerate itself by laying curtain on its responsibilities. As to why no action has been taken since the last 70 years against the officers who have grown like cancer in the society. Not we, but government has to teach discipline to the officers.”
He observed “If we open one case then 50,000 more cases will stand open. The courts are not party with anyone. Government should stop making joke with the people. This is a serous matter.”
Addressing Punjab additional advocate general and prosecutor general, Justice Khawaja said, “You are representatives of government. Tell the government that it should do its own job and we are doing our own job. If there is a need of making legislation with regard to Articles 154 and 155, it should be done. We don’t want to influence any one.”
He said “Is it not visible to the government what has happened in Sheikhupura and what is happening in other areas. Those who subjected the deaf and dumb girl to violence were acquitted. Now the prime minister can issue orders for initiation of disciplinary action against the grade-18 officers. The people are worried and it should be known to them why their cases are pending in the courts and who are responsible for them.”
He observed “The courts’ job is to give decision in the light of facts and evidence. The courts cannot hang any innocent person. It is not correct in any way to put all blames on the courts. We cannot allow the government to shift its inefficiency to us.”
Justice Khwaja said that the police had been dodging the poor man in such a way since the last 8 months what they could say. The police summoned him and his sister early in the morning and insulted and disgraced him and his sister till night. Neither was charged framed nor was the evidence collected.The court adjourned the hearing of the case while summoning report from government of Punjab on the action taken against the incompetent officers.