JUSTICE MATTERS::::::: Low performing judiciary with topclass perks is still hope of the nation

 By Amjad Mehmood

“Protecting rights and punishing wrongs by using fairness” is definition of “Justice” in the law dictionary. This is a most simple, precise and easy narration for a layman to understand the core concept of justice. The judicial system of any country ideally revolves around this concept to safeguard the rights of citizens and to punish the wrongdoers however, ‘fairness’ is always considered an epitome of a justice system.

World Justice Project (WJP) is an independent, multidisciplinary organization working to advance and strengthening the rule of law worldwide and publishes a rule of law index every year. The organization believes that ‘effective rule of law minimizes corruption, fights against poverty and disease, and safeguards people from injustices’. WJP has identified four “Universal Principles” which include accountability, just law, open government and accessible & impartial justice. WJP also entrusts that these four universal principles establish a working definition of ‘rule of law’ in any country. By following these principles and based on world’s leading source for original, independent data on the rule of law, WJP publishes Rule of Law Index which categorizes the countries’ position on index bar by considering the eight factors which include constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. The latest edition of the Index which was published in 2021 relies on surveys of more than 138,000 households and 4,200 legal practitioners and experts to measure how the rule of law was experienced and perceived worldwide. WJP claims that Index findings have been cited by heads of state, chief justices, business leaders, and public officials, including media coverage in more than 190 countries worldwide.

According to WJP Rule of Law Index 2021 (retrievable at www.worldjusticeproject.org), Pakistan is ranked at 130^th position out of 139 countries. In South Asia, Pakistan is just above Afghanistan and ranked at 5^th position out of total six countries. In 2020 index, the participating countries were 128 when Pakistan bagged 120^th position and after the addition of 11 new countries, this total reached to 139 in 2021 index. Apparently, it seems that addition of new countries has saved Pakistan to secure the last slot on index bar. The report data further shows that Pakistan stands at 126^th position for fundamental rights, at 137^th position for order and security, at 124^th position for civil justice and 108^th position for criminal justice out of total 139 countries.  India and Bangladesh are far better but Ethiopia, Nigeria, Uganda, Zimbabwe, and Myanmar have even better positions than Pakistan on the index contrary to the claims of ruling elites for being the Asian Tiger, emerging economy, developing nation and many other catchy slogans.

A strong judicial system guarantees social and economic justice and safeguards the rights of an ordinary citizen in a particular state. The public’s confidence and belief in the judiciary also signify the presence of a transparent, active and fair judicial system. The United Kingdom, United States of America, and other developed countries have distinguished status due to their fair, speedy and independent judicial system which not only protects the humans’ rights but also safeguards the animals’ rights within the territory. Unfortunately, this is not the case when we review the judicial performance in Pakistan. The judicial system from lower to higher courts has a history of failure to guarantee and safeguard the rights of poor people in Pakistan and also botched miserably in provision of justice.

Dr. Faqir Hussain in a report on “The Judicial System of Pakistan” stated that Pakistani judicial system passed through stages of historical development from the Hindu Kingdom to Muslim Rule and British Colonial Administration. He noted that the current era of judicial system in Pakistan which has been evolved through a process of reforms and development was commenced with the partition of sub-continent and the establishment of Pakistan, as a sovereign state.  He also noted that during evolution process, the Pakistani “judicial system did receive influences and inspirations from foreign doctrines/notions and indigenous norms/practices, both in terms of organizing courts’ structure, hierarchy, jurisdiction and adopting trial procedures/practices”.

The process to appoint the judges in Pakistan never got public applause due to questions on fairness, capability and impartiality of appointees. The 18^th and 19^th amendments in the constitution have changed the process of judges’ appointment however, the new procedure is yet not attributed impeccable.  The Pakistani judiciary has only guaranteed the ultimate benefits to judges during service and post-retirement and a divine status to be questioned at any forum contrary to Islamic rules of accountability.

According to latest annual report for the year 2018-19 available on Supreme Court of Pakistan’s website, in June 2018, a total of 40,091 cases were pending whereas, from 1st June, 2018 to 31st May, 2019; a total of 22,526 new cases were filed, which raised the pendency figures to 62,617. During the year, 19,564 cases were decided, thereby reducing the overall pendency volume to 43,053 which added 2,962 cases burden in the backlog compared to the previous year. A similar or even worst situation is reported in the high and lower courts across the country where millions of cases are pending and the volume is significantly piling up every passing year. Keeping faith and hopes from our justice system, petitioners are passing their lives and few not only lost the hopes but lives too to get the justice. Barrister Ambreen Qureshi (@ambreenqureshi), Chairperson Human Rights & Women Empowerment, Lahore High Court Bar Tweets on 7^th January 2022, “Zeb-un-Nisa, a woman asking for her father’s pension since past 5 years passed away in court today”. Such unfortunate incidents mark a stigma on the justice system of Pakistan. A leading daily newspaper has published an editorial note by referring to a report on judicial process of Pakistan that ‘it takes between 20 to 30 years for a moderately complex civil case to be resolved’.

According to pay and allowances details available at Lahore High Court’s website, the Chief justice is drawing over 1.1 million rupees per month salary whereas the other judges get similar perks with a slight difference. Official car with fuel, supporting staff in office and at residence, unlimited utility bills, generator backup to provide uninterrupted power supply, medical facilities and heavy monthly pensions in a country like Pakistan where economic crisis is not a secret story are beyond imaginations. The other upper and lower judiciary salary slabs are fairly substantial to count.  Other than schools, it’s only Judiciary in Pakistan where annual leaves are granted despite the backlog of millions of pending cases to be decided. Apparently, popular and political-oriented cases get the priority amid the pendency of petitions for ages in different courts.

There must be genuine hurdles in judicial system of Pakistan to harm its efficacy in the provision of speedy justice. However, it is primary responsibility of the government, judges, lawyers and civil society to identity the glitches and loopholes in judicial system and rectify them on a priority basis to elevate the judiciary performance. A better performing judiciary ensures justice and gives hope to breath in a transparent, secure and prospering society.