MUZAFFARABAD: Chief Justice (CJ) Azad Jammu and Kashmir (AJK) Supreme Court Justice Raja Saeed Akram Khan has categorically asserted that the superior courts will never compromise on the dignity of the courts to ensure the provision of justice and nobody including the executive will be allowed to defy courts’ orders.
Addressing the 11th Judicial Conference under the auspices of the High Court of Azad Jammu and Kashmir here on Monday as chief guest, the chief justice pointed out that administrative injustice was the biggest reason behind increasing litigations for which the courts have to intervene to provide a remedy. He stressed upon the lawyers to ensure implementation of the court’s orders rather than defying them in the interest of clients. The conference was presided over by Chief Justice High Court of Azad Jammu and Kashmir Justice Raja Sadaqat Hussain Khan. It was participated by Judges of the higher judiciary, subordinate courts, Minister of Law and Parliamentary Affairs Mian Abdul Waheed, Secretary Law Idress Abbasi, law officers and a large number of lawyers including senior lawyers of the Supreme Court.
The additional registrar of the high court in his presentation during the conference titled “Responsibility of Judiciary, Government, Lawyers and Litigants in Dispensation Of Justice” said that all the cases of 2018 had been disposed of by the High Court and subordinate district courts due to the specific administrative measures taken by the Chief Justice of High Court during the last two years. Senior advocate and President Supreme Court Bar Association Raja Sajjad Ahmad, Sardar Hamid Raza Khan, President of the High Court Bar Association and Secretary Law Idress Abbasi presented their keynote thesis pointing out the hindrances in the dispensation of justice including bad governance, non-cooperation of the lawyers and non-awareness of the litigants.
Chief Justice (CJ) Azad Jammu and Kashmir Raja Saeed Akram Khan in his concluding speech said that the provision of Justice was the sole quality of Almighty Allah.“We, the judges should deliver judgments with honesty and best of our abilities and knowledge,” he emphasized upon the participants saying if somebody or institution thinks the judgment or any order of the court is wrong, they should go in appeal or approach the apex court for correction but defying a judgment or order of any court will not be allowed.
“The judges are under oath to protect rights of the people without any fear including fundamental rights enshrined in the constitution and powers including the contempt proceedings were granted us by the legislature in the interest of the public,” Justice Akram added saying the judiciary was working within their domain and the executive should also work within their domain without any discrimination. He said the government should empower ombudsmen, the Accountability Bureau and other bodies and appoint credible heads with legal protection of tenure so that they can function independently lifting the heavy burden of litigation from the courts. He said to raise the confidence of the people in the courts, implementation of their orders and judgment was mandatory and stressed that lawyers stand with the courts’ orders rather than protect the interests of clients. While mentioning the code of conduct of the judge he said that some people try to give the impression that the judiciary and the government are on the same page which the Chief Justice said was wrong and clarified that there must not be any extraordinary communication between the two but both should work within their domain prescribed in the law.“If somebody issues the king’s orders, that shall not sustain as we have taken the oath to nullify discrimination and protect rights of the people,” the CJ further asserted mentioning some of the flawed measures of the government where the court had to intervene and reminded the government to rectify some of the intuitions by establishing merit and integrity of the functionaries.
Chief Justice High Court Justice Raja Sadaqat Hussain in his speech said that the High Court and subordinate judiciary were trying their best to provide speedy justice since he took over as CJ high court but while pointing towards some of the lawyers in a lighter mood said the cheap justice could only be provided by you people. He said the reforms had been introduced in the high court and the subordinate courts for the speedy disposal of the cases and now there was no saying that the grandson will receive the judgment of his grandfather’s case as the entire backlog before 2018 had been cleared despite the constraints that the courts had been facing. He said the judiciary in the region has significantly improved its performance in recent years by disposing of thousands of cases.
Minister Law and Parliamentary Affairs Mian Abdul Waheed took a keen interest in the conference taking notes of the speeches and assured the conference that the government will implement all the outcomes of the conference and will provide maximum resources despite its constraints for the speedy dispensation of justice.
Abdul Waheed said the government will legislate following the suggestions of the Bench and Bar to improve the old laws hindering the dispensations of justices and fair trials including broadening the scope of evidence by allowing modern techniques and devices as suggested by some of the lawyers.
