Administration of justice & the required future innovations in justice sector of Pakistan

No doubt the land of Pakistan is widely rich and fertile in all respect, the people are brave and hard laborer, the brains are thinkers, the earth is rich with minerals under the full form of four seasons but the corruption is a termite beneath the whole system. It is still a time to prevent and do cure by taking steps with sincerity, stability and courage. Muhammed Ali Jinnah, our Founding Father; while addressing the Constituent Assembly said, “…if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and especially of the masses and the poor”. Any society will only flourish when the poor and rich both have an excess towards the justice system.
Being a lawyer, I have a close touch with the process to dispense the justice within an environment full of hardships regarding to administration of justice. Actually the Administration of Justice is not a function of any one of the state organ but it is an outcome of a team strive of all organs of the state. It admits of no doubt that the Judiciary may play a pivotal role to strengthen and reactivate its other partners within the State.
Executive, Legislature and Judiciary are interlinked being inter-reliant; they are blood and flesh for each other. The team role of organs of the state make possible to maintain the rights within the political community According to John Salmond “Administration of justice implies the maintenance of right within a political community by means of the physical force of the state”. In Harinagar Sugar Mills Ltd Versus Shyam Sundar (AIR 1961 SC 1669) the administration of justice is defined as it is the exercise of judicial power of the State to maintain and uphold rights and to punish “wrongs”. Maintaining the Justice whether public or private is a duty of the state by way of administration of Civil Justice as well as administration of Criminal Justice, enforcement of rights ensure civil justice and punishment wrongdoer maintain criminal justice in a political community.
The Constitution of 1973 ensures an accountable, coordinated, efficient, effective and consultative approach in the administration of justice but unfortunately the behavior of individuals does not allow the constitution to roll the ball towards the post. For the sake of smooth functioning of constitution all its actors should have to comply with the requisite essential core values of the administration of justice for the better tomorrow of Pakistan. The constitution provided a proper framework for the smooth running of the country. By virtue of our constitution the superior courts have the power to enforce the constitution in its realm and take stern action against the violators of constitution. Legally speaking it does not fall under the definition of judicial activism because the courts are the guardian of constitution not, the legislators. The courts if stopped from doing their constitutional work then the democratic norms of the country will be easily eliminated from the roots.
The judiciary, through the Objectives Resolution, Article 2A, Article 4, Fundamental Rights, Principles of Policy, constitutional original jurisdiction, and the provision for complete justice under the Constitution, has the power to bring about significant changes in the political, economic, and social aspects of the country. The Superior judiciary is further empowered by articles 184(3), 187, and 199, which assign the crucial responsibility of enforcing fundamental rights to them. However, it is important to note that “enforcement” goes beyond simply upholding these rights. It involves a thorough examination of the issue at hand and taking corrective measures to address any flaws in the existing system.
Many landmark cases were decided by the apex courts of Pakistan for upholding the fundamental rights to the citizens. In many cases to courts also initiated the contempt proceedings against the government authorities who were creating hindrance in executing the fundamental rights.
Future innovations required in our judicial system: No institution, including the judiciary, can set out to perform effectively unless its systems are in order and provide a structure that can take the challenge. New era demands a smart, effective and efficient judiciary, robust with scholarship, innovative and aggressive, possessing a multidisciplinary approach to justice, switched into latest information technology and beaming with integrity and independence.
The judiciary in any democratic country is ought to be the custodian of the Constitution. Through the exercising of the powers vested in the courts of law by virtue of constitution, the courts can be so helpful in obtaining the real essence of the democracy. But practically in our country the courts are not still able to cope up with the existing crisis which is leading the Pakistan towards chaos due to the un-enforcement of basic rights and the lawlessness. The popular complaints of delay, case fixation and matters of adjournments can easily be regulated if the entire judiciary is connected through information technology.
The future: If the judiciary is prepared to take the challenge and if the Supreme Court is willing to lead the way to preserve, protect and defend the Constitution by going the extra mile, we can hope to salvage democracy.
Judicial Interventions: Suo-moto, pubic interest litigation and expansion of fundamental rights. Over the years the judiciary has intervened to uphold fundamental rights and to render social justice. The interventions have been of three kinds i.e., Suo Moto, Public interest Litigation (“PIL”) and progressive interpretation of fundamental rights.
Monitoring, Evaluation & Reporting: In monitoring and evaluating the progress of the Judiciary clubbed with other state organs, the following are examples of performance indicators to be applied: Reduced trial period from date of taking plea to time of judgment delivery; Increase in number of people released on bond; Reduction in period taken to execute warrant of arrest and witness summons by the police; Increase in number of people coming to court to seek services; Reduction of complaints from public, litigants and inmates; Significant reduction in number of pending cases.
Strategic Issues: There are number of strategic issues operated as obstacle in the way of administration of justice the some are hereunder: Inadequate legal and policy framework for entire justice sector: Weak institutional operational framework for administrating the justice; Insufficient resources for efficient and effective administration of justice; Poor coordination, monitoring and evaluation of strategies on the administration of justice.
Formulation to Address Strategic Issues: Strategic objectives corresponding to the strategic issues have been formulated and are highlighted here below: To review legal and policy frameworks for administrating the justice; To mobilize resources for efficient and effective administration of justice; To coordinate, monitor and evaluate strategies on the administration of justice, etc.
There are so many other innovations which can be installed in our judicial system through a proper legislation in order to achieve the desirous results. It is an admitted fact that the judges and lawyers can play their proper rule in the legislation as well. The court has the ample power to direct the government to legislate the new laws which is the need of an hour to cope up with the international world.