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Dispensation of "Justice" is an attribute of ALLAH delegated to 'man' for which he is directly accountable to ALLAH . Such "Justice" is usually imparted by 'Court' from time immemorial being sole institution to dispense "Justice" amongst person to person & state to person and thus immense veneration, respect and public acceptance is commanded by the Judiciary. Incontrovertibly, it is an esteemed forum where 'aggrieved' & 'oppressed' people make Claims, Complaints and express their pent-up grievances for determination / restoration of their rights, by holding a pivotal position of bestowing "Justice" within the orbit of law in all circumstances, which is cornerstone of a stable society. Notwithstanding the fact that the essential ingredients of a "Court" which usually consist on (1) Judge / Magistrate / Presiding Officer, (2) Advocate / Counsel / Attorney and (3) Law Enforcing Agency / Police / Prosecutor, etc, are seemingly available here imbued with sincere will and determination to impart Justice expeditiously in accordance with the given Law, Rules, Procedure, Evidence and Practice, supplemented with Judicial Policies, nevertheless, the human made laws are always heading towards more perfect 'Justice" and thus there is always a room for improvement; through suggestions & proposals. Hence, following improvements are suggested for dispensation of expeditious justice : -
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1. C O U R T R O O M / B U I L D I N G - - - - Building should be strongly built , impressive, graceful, neat, clean and adequately furnished . - - - - Properly protected and equipped with CC TV, Emergency Alarm, Standby Generator, Fire-Extinguisher and Computer-sets (with Internet, Scanner, Printer and Speakers). - - - - Entire Court-Proceedings should be recorded (in the Computer) every day (at the cost of litigants), so that each and act / every sentence of Litigants, their Counsels and of the Judge is invariably recorded / preserved / saved to ensure that each and every fact remains available on the C.D. , Cassette, or USB drive; enabling the Hon'ble Court to note / consider each and every relevant fact while arriving at the judgment. - - - - "Ramp", "Lift" & "Toilet" facility should be made available for every floor of each Court-building; so that Disabled-persons / Wheel-chair Users / Pushing-chair Users are not deprived the opportunity to seek justice, or, to appear as a 'Witness'. 2. R E C O R D - - - - Case-files (with Front-cover, Spine and Back-cover) should be durable, uniform-shape with capacity to add / remove pages and properly tagged in the blank-margin of
papers (without damaging the written portion). If expensive, cost of file can be charged from Advocate / Counsel.
- - - - Each page of the Case-file should be numbered properly by the Court Staff - before submitting the file on every date of hearing. 3. R E C O R D R O O M / L I B R A R Y Following befitting measures are immediately taken through all Hon'ble Distt: & Sessions Judges to save the "Records" as well as the "Life & Health" of the 'Staff' posted in these Record-Rooms of Distt: & Sessions Courts : - - - - - The roofs, walls, windows & doors are made water-proof / seepage-free and fully secured from theft or fire. - - - - Periodical "Fumigation" & "Spray of Pesticides" is made on half-yearly basis in each 'Library' & 'Record-Room' to avoid vandalism thereof , so as to ensure that these rooms are not infested with different kinds of "Pests", "Vermin", "Termites", "House-Mouse", "Norway-Rats", "Spiders" , "Bed-bugs" , "Dust" and "Unhygienic-suffocation", besides, multiple
invisible bacteria - which speedily erode the precious record of the files of Hon'ble Courts, because, no "Fumigation" or "Spray of Pesticides" has ever been conducted during last many years . Continued :--------------------------
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- - - - Simultaneously, the Staff posted in the 'Libraries' & 'Record-Rooms' also deserve pleasant and healthy working-environments, because, their life is equally important for their Families & Children.
4. S E C U R I T Y
Instead of exclusively depending upon the Distt: Police, an indigenous “Judicial Security Systems”(JSS) and “Judicial Protective System” (JPS) for the foolproof protection of lives and properties of persons related with the Supreme Court of Pakistan, High Courts as well as the sub-ordinate Courts thereof (including the protection of family of Judges) as proposed vide C.P. No.D-1289 / 2007 be introduced and such indigenous JSS / JPS shall also be responsible to accompany the Nazir / Bailiffs of the Court while implementing the order / writ / decree (as per orders of Hon'ble Courts). 5. J U D G E - - - Hon'ble Judge is always believed to be honest, unbiased, impartial, free from being influenced with the instinct feelings of greed, fear or nepotism - who can prove that he is emotionally-balanced and does not sustain grudge, disliking or animosity for any particular "Cap" / "Dress", "Community", "Language", "Religion", "Sect", "Political-affiliation", "Province", "Cast" or "Creed" . Moreover, a Judge is need not be of irritative-nature, emotional, harsh, aggressive, vindictive, prejudicial, or, proud and instead of flying into a fit of rage, his behaviour, conduct and performance displays that he is composed, learned, tolerant and a combination of ethics, morality, decency, etiquette, righteousness, equitableness and God-fearing. He instead of focussing on the 'face' of an Advocate ( his stature, prominence and persisting
acquaintance) he pays heed into merits of the 'case' irrespective of appearance of a less-prominent Advocate against any highly reputed Advocate. Continued : ----------------------
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- - - Hon'ble Judge / Justice never becomes a silent spectator of delaying tactics, and instead of being instrumental to frustrate the “Judicial Policy” he is expected to impose increasing ‘fines’
on “Official Respondents” / “Official Defendants” as well as on other Litigants, on each date of hearing, if they fail to file Comments / C.A.; The Judge / Justice is also not expected to feel satisfied / indebted with the mere presence of D.A.G., A.G. or any representative of Official Respondents; irrespective of their dereliction of duty. Besides punitive action is also taken against the S.H.O./ Investigation Officer for submitting delayed challans.
- - - Hon'ble Judge never creates an impression that If a ‘Prominent Lawyer’ is absent, his case is adjourned (repeatedly) , but, the case of ‘less-prominent Lawyer’ is dismissed for non-prosecution on first absence ; irrespective of fact that Comments / C.A. of other side were awaited, or, even if, it was a ‘Public Interest Litigation’.
- - - Hon'ble Judge never creates an impression that “Prominent Lawyers’ are given undue time to reiterate their contentions / arguments, but, the ‘less-prominent Lawyers’ are denied the right of audience / patient hearing to elucidate the facts of case or the Judge / Justice interrupts and stops him to proceed ahead.
- - - Hon'ble Judges never create an impression that the offence of "Non-registration of FIRs", "Avoidance to Register FIR" & "Delayed Registration of FIR" has been usually regularized / encouraged by some Hon'ble Judges, because, thousands of Complaints / Petitions are received in the Courts every month against Police Officers regarding "Non-Registration of FIR" and thus it is proved beyond any doubt that the concerned SHO / Duty Officers have deliberately and for indefinite period :- a) Violated & disobeyed the Constitution of Pakistan, Directions of Law ( S.154 Cr.P.C., Police Laws and Directives / Instructions issued by Home Department);
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b) Committed offence U/S.201 PPC :- By causing dis-appearance of evidence due to non-registration of FIR; c) Committed offence U/S.217 PPC :- By disobeying direction of law with intent to save person(s) from punishment or property from forfeiture; d) Committed offence U/S.218 PPC :- By framing incorrect record to save person(s) from punishment or forfeiture of property; e) Committed offence U/S.220 PPC :- Having authority to commit for trial or confine, acts contrary to law; f) Committed offence U/S.221 PPC :- Intentional omission to apprehend on the part of a public servant, bound by law to apprehend an offender; g) Committed offence U/S.225 PPC :- Omission or resistance to lawful apprehension or causing escape of offender. It seems an strange irony of this nation's fate that instead of taking serious note / cognizance of the above repeated offences, some Hon'ble Judges have traditionally deemed expedient to extend leniency to the Police Officers and have contented to simply issue orders to the concerned Police Station to register the said FIR. This soft attitude towards 'Police' has contributed to aggravate the Dereliction of Duty and Delinquency towards registration of FIR, and resultantly the lawlessness has been widely disseminated. 6. A D V O C A T E
Advocates reputedly enjoy a very high position in the society and are the custodian of the rights of the people and are always expected to conduct themselves in such a way so as to uphold the high standard, dignity and respect of the profession both within and outside the Court and are treated as officers of Court because their
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duty to the Court has precedence over their duty to their Client, because, it is the duty of Counsel to research the relevant law thoroughly and advise their Clients honestly, thus, when each Counsel signs, files or submits to the Court any 'application', it is assumed that the application is not being presented for any improper purpose, such as to harass or to cause unnecessary delay, that the legal contentions therein are warranted by existing law and is not contrary to the clear provisions of the statute and the established law & practice. The Counsel neither succumbs to temptation of money offered by a client, nor, takes up a brief without ascertaining true facts and researching the law, nor, he would be deemed to be a party to the vexatious claim, nor, his duty to the Court would be subordinated to his duty to his client.
Although the Canons of Professional-conduct, Duties and Etiquette of Advocate are enumerated within the provisions of Legal Practitioners & Bar Councils Act 1973 and Rules made thereunder, simultaneously, his conduct, attitude and behavior does also reflects the morality, ethics, discipline and integrity inherited by him from his academic & family environments. The image, reputation, respect and entity of every Advocate is strongly woven with each other as an integral part of the 'Legal-fraternity' / 'Unity of Bar' which renders him more scrupulous, tolerant, composed and responsible in every walk of life. This is why an Advocate :- a) is not expected to Rush wildly towards the "Dinning Table", because, he believes in a "Bread with honour"; b) is not expected to Fight physically with any body, because, he is capable to convince others with his intelligence, wisdom and arguments / conversation ;
Continued : ---------------- ------------- (7) ------------ c) is not expected to Become a tool in the hands of his Client, because, he is duty bound to assist the Court and to provide speedy justice to his client and such was also ordained by Almighty Allah in the Holy Quran to administer justice. d) is not expected to Take law in his hands, use filthy language, or demonstrate carelessness during protest, because, he is highly educated, an officer of Court and his every word & act is expected to display his relation with law, besides, representing the reputation of his 'Legal-fraternity'. e) is not expected to represent any Political, Sectarian or linguistic group, because, he is believed to be unbiased, impartial, independent and comrade of all but partisan of none, so that every person could trust him and consider him as well-wisher of all. f) is not expected to prepare improper brief or not placed the relevant law before the Court, because, the Counsel must not mislead the Court and any lapse on his part to come to the Court without facts & law would show disrespect to the standards of the professional duty to the Court in the administration of justice and negligence of his duty to client and thus such Counsel has committed breach of the Canons of Professional Conduct and Etiquette of Advocate. g) is not expected to create impediments in the implementation of 'Judicial Policy', because, an Advocate was duty bound to assist the Court in order to administer speedy justice, and any violation of the same would amount to professional misconduct and would disentitle an Advocate to remain on the role of Advocates.
Continued : ----------------------- -------- (8) ------- In short, every Advocate should always continue to evaluate himself by keeping in mind the following questions :-
- - - - What are the Advocate’s Roles and Responsibilities?
- - - - What Might an Advocate do for this Society ?
- - - - What should be the Goals of an Advocate ?
Let us contribute so that Courts of Law become Courts of Justice .
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