–Chief Justice Nisar says judgements are given on basis of law and constitution, not out of free will
QUETTA: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Wednesday remarked that judges are responsible for the delay in cases and dispensation of justice, saying he doesn’t understand how trials can go on for 30 to 40 years.
“What is the fault of the person who is seeking justice? How can it take 15 years for a case’s trial to conclude? I don’t understand this,” the CJP said while addressing a judicial gathering in the provincial capital.
He said that judges announced judgements on the basis of the law and constitution, not out of free will.
Emphasising the veracity of decisions made by lower courts, CJP Nisar said, “If the verdicts given by lower courts are solid, the decision will be upheld at superior courts.”
Reminiscing on judicial history, Nisar remarked that in the past there were judges whose verdicts were not changed even when challenged in the Supreme Court. “I wonder where such competent judges have gone who authored valuable judgements.”
Observing that the judges were responsible for any legal weakness in a verdict, he stressed complete understanding of law and the constitution for adjudicating a case. “It is time to put our house in order,” noted Justice Nisar. “A society without justice cannot survive.”
The CJP observed that while laws dating back to the 1800s, could not be amended, justice could be provided by applying the same laws crafted by the British rulers. “We do not have the power to change the laws penned down by the British. We have to work under these laws,” he told the audience. “Lawyers are the foundations of judiciary.”
It is an honour to be a judge, he said while urging the community to maintain that respect. He added that the judges were tasked to provide justice. “How will we face God if we do not strengthen the foundation of justice?” he asked.
Dwelling on litigation, Justice Nisar remarked that people spent years running behind trial courts. “A person who does not find justice for 40 years dies every single day. Why do we prolong cases so much?” he asked.
The CJP said that justice could be aptly provided to the masses by following the law and constitution. He highlighted that the institution of judiciary ensures justice in the society. “We are those Qazis and judges who perform their duties in accordance with the law and constitution. We do not give verdicts based on free will.”
The chief justice lamented that the institution lacks resources and the government’s cooperation was not of the required level.
“We are the top privileged civil servants,” he said, adding that the salaries and facilities available to judges are more than similar grade officers in other departments. “We have to justify our incomes and facilities.”