Almost on a daily basis, we hear from the higher judiciary that all the affairs of the state should be conducted according to the Constitution of Islamic Republic of Pakistan. Undoubtedly, there cannot be two opinions in this regard, but it has to be acknowledged that the decaying justice system is in dire need of fundamental institutional reforms, so as to end the extreme delays in giving out decisions in millions of pending cases
In 2009, during the movement
State Dept Terms Allegations Against Donald Lu ‘Untrue’: State Dept Few years ago, a lack of quality was mentioned only in association with the lower courts, but now the same can be said for the high courts. Young lawyers appearing in cases before the high courts are not even aware of requisite procedures, the art of pleading, and lack skills in advancing arguments in a systematic or convincing way.
It is also a matter of great regret that the quality
The Constitution gives all citizens the right to access justice. This right should be recognized as seeking resolution
Justice Malik Shehzad Takes Oath As LHC Chief Justice The process of reforming the justice system cannot be separated from socioeconomic issues. This requires the reconstruction of state institutions, which are vestiges of the colonial era. These rotten institutions cannot deliver any more.
The dispensation of justice in any society should be given the highest priority. Our judicial system faces many challenges in carrying out its prime function of safeguarding fundamental rights and settling disputes between citizens and State. Millions of cases are pending, and the number is increasing with each passing day. Hearings cost a lot of money. Competent lawyers have always been expensive. Due to delay in the courts, many social and economic problems arise. No serious attempt has ever been made to rectify these maladies.
By now, it is well-established that even by increasing
Justice Ishtiaq Appointed Acting Chief Justice In PHC There are many suggestions
The rule of law
In Pakistan, the enforcement of rule of law, in its true sense, is still a far cry. It is very difficult for people to access the expensive and ineffective, rather muzzled
The State Of Women's Representation In Law Only recently, the Supreme Court, headed by former Chief Justice Umar Ata Bandial
It was argued that these “constitute not only violations against Islamic injunctions, but also blatantly violate Articles 2A, 3 4, 9, 14, 25 of the Constitution.” In its six-page order, the Supreme Court recognized that although public resources “are held in trust by public officials,” yet the matter “is one of government policy and political affairs,” thus did not fall within its purview under Article 184(3)
In this exploitative system, the profiteers and vested interests will never allow the common people to benefit. They want the status quo to persist. In fact, the root cause of all the problems is the existing power structure, which is fundamentally anti-people.
Regardless of the order of the Supreme Court, there is a general perception that our legal system protects
Social Media Campaign Against CJP, State Bodies: FIA Launches 115 Inquiries, Names 46 Individuals The much-hyped National Judicial Policy of 2009
These are the people who are in urgent need of justice as they fall prey to coercion by government officials and frauds by private parties. Often government institutions and private companies combine to loot the public and the latter has no clue. It is also a fact that competent lawyers’ fees are exorbitant.
Common citizens, especially the salaried persons, have to sell their assets or borrow funds to hire expensive lawyers for justice. Despite this, one has to wait for years for judgments. These matters are not hidden from the higher judiciary, but it seems that no one is serious about improving the lot of the hapless people in Pakistan.
In this exploitative system, the profiteers and vested interests will never allow the common people to benefit. They want the status quo to persist. In fact, the root cause of all the problems is the existing power structure, which is fundamentally anti-people. This structure includes miltro-judicial-civil complex and the legislature.
The police, judiciary and legislature are all ultimately tools in the hands of oppressive and predatory elites.
Unfortunately, no political party has an agenda to change this structure for the benefit of the people. On the other hand, the elite comprising the civil military bureaucracy, politicians, businessmen and landlords are united under the banner of their mutual interests. They have to seek votes from the people under different names and pretexts, and then force through oppressive taxes to fund their luxuries.
Pakistani People Have Right To Choose Their Leader Without Fear: US State Dept In 76 years, we have failed to democratize our state structure, promote democratic values and culture - on the basis of respect of others’ views and ensuring justice for all. Because the ruling elites have become accustomed to securing luxuries through the hard-earned income of the people, they will not surrender their monopoly over power that on paper belongs to the masses. The police, judiciary and legislature are all ultimately tools in the hands of oppressive and predatory
The transfer of power and authority to the people and the protection of their economic interest is true democracy, but in our case, it would mean the death of the ruling classes — the militro-judicial-civil complex. Therefore, there is no room for public welfare in the prevalent political system. This is the reason why when it comes to public interest and fundamental rights, all elites stand united to oppose reform and protect their own vested interests.
Accountability
It is the fundamental right of every citizen to know about the assets of the government and public office holders as well as judges of higher judiciary. Even the courts cannot obstruct the way of this right given by the Constitution.
Accountability should be such that justice is not only done but also seen to be done, but this cannot be done merely via lip service. It is important for the strengthening of the state that all institutions are held accountable. Pressure is needed for this purpose. Pressure does not mean pressure at gunpoint, but social pressure groups, such as civil society and the media, which itself needs to go through a process of accountability, to come forward and inform the public about their fundamental right under Article 19A
US Monitoring Pakistan's Electoral Process ‘Quite closely’: State Dept Public access
In a democracy, the people are the source of power and they should have to be, so that the elected ones should not consider themselves as rulers, but the trustees of given authority. Since the dispensation of justice is a basic requirement of accountability, the laws that create unnecessary barriers between the state and citizens must be withdrawn. The most shameful thing at this time is that the government institutions drag the citizens to the courts while violating their rights, but are not ready to present themselves for accountability before the people.
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