- How can a judiciary build trust?
By: Akhtar Aly Kureshy
There is no secret that the beautiful word of justice is very attractive and fascinating giving a good hope of welfare and peace for human beings. However, justice concerns itself with the proper ordering of things and persons within a society or state. As a concept it has been subject to philosophical, legal, and theological reflection and to a healthy debate throughout the world. A number of important questions surrounding the system of justice, have been fiercely debated in society. What is justice? What does it demand from individuals and societies? What is the proper distribution of wealth and resources in society: equality, meritocracies, according to status, or some other arrangement? There are numberless possible answers to these questions from divergent perspectives on the political and philosophical spectrum.
In one sense, all theories of justice claim that everyone should get what he deserves. Some theories disagree on the basis of the uncivilized attitude of human beings. The main distinction is between theories that argue and are liable to say that all are equal, therefore derive equal accounts of distributive justice, for instance, hard work and merits by which some should have more than others.
According to most theories of justice, it is overwhelmingly important, for instance these theories claim that justice is the first virtue of social institutions, as truth is of a system of thought. Justice can be thought of as distinct from and more fundamental than benevolence, charity, mercy, generosity and compassion. Justice has traditionally been associated with concepts of fate, reincarnation or heavenly fate, that is, with a life in accordance with the cosmic plan. The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation.
This situation may be unintentional on the part of its stakeholders, but is bothersome to all who are seeking justice and who have failed due to the penetration of corruption in our justice system, as the whole social system we are suffering is without any justification. Apparently, in the given circumstances the instant judicial system is not enforceable in the Lahore High Court until the new appointments of judges emerge on the judicial surface to wash away the inconvenience caused to the general public, by creating a good image of an independent judiciary which has te potential to provide easy and instant justice to the citizens of Pakistan who have been disappointed by our leaders since long
In contrast to the understandings canvassed so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with a fundamental division between those who argue that justice is a creation of some humans, and those who argue that it is the creation of all humans.
In a world where people are interconnected but they disagree, institutions are required to cultivate ideals of justice. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards. Justice is an ideal which the world fails to live up to, sometimes despite good intentions, sometimes disastrously. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal experts and philosophy of law.
Another definition of justice is that it is an independent investigation of truth. In a courtroom, lawyers and judges are supposed to be independently investigating the truth of an alleged crime by arguing the matter and considering the available evidence. This situation is more logical and near to the truth that everybody is in search of justice and seeking the solution of his or her problems. The state has the responsibility to deliver justice and create an atmosphere of equality and equity for all citizens. In the modern world, only the society which can survive or which can be declared as a good civilized society or a welfare state by international organizations, is one which has the fair system of justice for its citizens.
This can only be explored by creating the supremacy of law and a high respect for humanity, having the full moral support of the general public and its departments which are constitutionally liable to collect evidence through a well disciplined and trained staff. Whereas in Pakistan; the word justice is intact in its symbolic state of definition without following the pragmatic sequence, even with the unjustified absence of the main ingredient of social justice. The people desire to get all comforts and facilities, but they are reluctant to discharge their lawful and moral duty.
A similar situation has been dominating in our courts as our judicial system is about to collapse and it would become a great source of exhaustion for the citizens. Nobody is willing to appear as an independent witness before the court as the impression of a sluggish and fatiguing system is the main hindrance to reach the point of justice. All the stakeholders of the judicial system never bothered for this plight of justice. There is a need to have a new comprehensive judicial policy to follow all courts, particularly the subordinate judiciary, which is bound to deliver justice in an expeditious manner. It will take some time to produce good results as presently, we are facing an extreme shortage of judges at all levels, whether it be in the civil courts, the district courts and more inconveniently in the Lahore High Court, which is 20 judges are less than its sanctioned strength.
The High Court being the highest court of the province, has to shoulder a greater burden to decide appellants’ cases of the whole province as well as to decide the constitutional and corporate matters having more significance and urgency. But these days only 40 judges are working who, of course, are not able to complete the work of 60 judges; thus the backlog of cases is being increased heavily and people are frustrated by the scarcity of judges. Although, the honorable judges and lawyers have sacrificed much to work till sundown, even then the majority of cases were left over or adjourned, and people had no choice except to return to their homes without obtaining justice.
This situation may be unintentional on the part of its stakeholders, but is bothersome to all who are seeking justice and who have failed due to the penetration of corruption in our justice system, as the whole social system we are suffering is without any justification. Apparently, in the given circumstances the instant judicial system is not enforceable in the Lahore High Court until the new appointments of judges emerge on the judicial surface to wash away the inconvenience caused to the general public, by creating a good image of an independent judiciary which has te potential to provide easy and instant justice to the citizens of Pakistan who have been disappointed by our leaders since long.
The writer is an Advocate of the Supreme Court of Pakistan, Law Professor, Member of International Bar Association and former Assistant Attorney General for Pakistan.
