National Judicial Policy: Time frame fixed for deciding cases

[Naveed Yaseen]

HC judges not to act as governors; judges on deputation recalled; no judge to serve in native district; procedure to eradicate corruption to be improved

By Sohail Khan

ISLAMABAD: A draft National Judicial Policy was launched on Monday, barring the chief justice or a judge of the superior judiciary to accept appointment as acting governor of the province.

The new policy will ensure disposal of criminal cases within a period of three months while death cases would be decided preferably in a period of six months. Likewise, priority would be given to quick disposal of women, juvenile, rent cases as well as bail matters.

The policy draft was approved by the National Judicial Policy Making Committee (NJPMC) on April 19, under the chairmanship of Chief Justice Iftikhar Muhammad Chaudhry for strict observance of the code of conduct, eradication of corruption amongst judicial officers/court staff and quick disposal of cases.

Briefing newsmen, Supreme Court Registrar Dr Faqir Hussain, who is also secretary of the policy-making committee, said the people would experience a positive change after the implementation of the new policy.

Highlighting the salient features of the policy pertaining to the independence of the judiciary and its separation from the executive, he said in future no chief justice or judge of the superior court would accept appointment as acting governor of the province, adding that no retired judge of the superior court would accept an appointment, which is lower to his status or dignity, including appointment as presiding officers of banking court, Customs Court and administrative tribunals, etc.

According to the approved policy, he said letters would be written to such judges to relinquish charge of such posts in the interest of judicial independence/separation from the executive, and the government would relieve such judges and may not make such appointments in future.

Instead of appointing retired judicial officials as presiding officers of the special courts/tribunals, qualified serving judges be appointed against these posts in consultation with the chief justice of a high court.

He said corrupt judicial officials would be made OSDs. The Supreme Court registrar said all the judges deputed to various departments have been called back and no judge will be appointed in his/her native district.

Dr Faqir Hussain said judges of the superior courts would follow the code of conduct for judges. He said the chief justice of high court concerned would report cases of violation of code of conduct, including incidents of unusual delays, inefficient performance, to the Supreme Judicial Council chairman for action.

In order to eradicate corruption, he said, the high court will improve the present mechanism/procedure for initiating disciplinary proceedings against corrupt/inefficient judicial officers, and the matter preferably should be taken up to the chief justice of the high court for prompt action against the corrupt/inefficient judges/court staff.

In each high court, he said, a cell for the eradication of corruption from the judiciary under the supervision of the registrar of the respective high court would be established, wherein complaints with credible evidence be forwarded to such cell and a copy thereof should be forwarded to the registrar Supreme Court.

Similarly, Dr Faqir Hussain said the district and sessions judges would also report about corruption, misconduct of their subordinate judges. He said the complaints of action. Referring to the pendency of cases at all levels of judicial hierarchy in the country, he said the Supreme Court is presently hearing 19,055 cases, the Federal Shariat Court 2,092, the Lahore High Court 84,704, the High Court of Sindh 18,571, the Peshawar High Court 10,363 and the High Court of Balochistan 4,160. He said a total of 1,565,926 cases are pending before the subordinate judiciary, including the NWFP 187,000, Balochistan 7,664, Sindh 144,942 and Punjab 1,225,879.

The registrar outlined the measures to be taken for the expeditious disposal of cases of civil and criminal nature. He said all criminal cases punishable with imprisonment from one to seven years registered after January 1, 2009, be kept on fast track for disposal within three months while all current cases punishable with imprisonment from seven years and above, including death cases, would be decided preferably within a period of six months while cases relating to preventive detention would be decided within 15 days.

He said family cases would be decided in three months, adding civil appeal arising out of family cases, custody of minors and against interim orders, if competent, would be decided within 30 days.

The Supreme Court registrar said priority would be given to quick disposal of women cases, juvenile cases, rent cases, stay orders, bail matters, small causes and minor offences under the Small Claims and Minor Offence Courts Order, 2002. He said in the Supreme Court and high courts, priority would be given to the disposal of old cases, except cases in which special orders were passed by the court for fixation of the cases on specified dates.

He said in long-term measures, the judges of high court may carry out inspection of prisons periodically for ensuring compliance within prison rules and give on the spot remedy according to law. He said strength of judicial officers and para-legal staff would be increased to cope with the growing litigation and clear the backlog.

Dr Faqir Hussain said the draft of the National Judicial Policy has been forwarded to the judges of the Supreme Court, chief justices of high courts, president of the Supreme Court Bar Association and presidents of all high courts and all district court bar associations for their input and suggestions.

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