News
Monday, April 19, 2010
State organs should function within domain: NJC* National Judicial Conference 2010 declares confrontation ‘counterproductive’
By Masood Rehman
ISLAMABAD: A three-day National Judicial Conference that concluded on Sunday declared “every organ of the state should function within its own domain, working in harmony with each other so as to advance public good”.
The conference in its declaration said, “Confrontation is counterproductive and hampers progress and development. The judiciary of Pakistan, being the third pillar of the State, stands committed to faithfully discharging its functions as prescribed by the constitution.”
It said there is broad consensus with the objectives of the National Judicial Policy enforced in 2009, however it has been noted that effective implementation of the policy requires strengthening policy ownership, increasing its awareness among stakeholders and a constant review process. The declaration said the procedures for achieving the policy’s objectives needed to be reviewed.
It said concrete steps, such as formal rules, a governing council, and professional training for all stakeholders were necessary for successful alternative dispute resolution (ADR), adding that trial courts should support and encourage ADR and stated that the importance of the subject required the holding of an exclusive workshop.
Legal education being the foundation of the justice system, it should be mandatory at all levels of society, the declaration said. In particular, law colleges and faculties require allocation of greater resources and an independent central supervisory body for enhancing the quality of dispensation of justice. Continuing legal education is essential for all tiers of the bench and bar, the declaration said.
It asked to increase expeditious disposal of cases and for enhanced transparency as well as calling for court proceedings and records to be automated and made user-friendly. For this purpose, sufficient funds should be allocated and relevant laws should be amended. A model “E-Court” should be established in each high court and district court, it stated.
It called for expeditious disposal of cases and said that it was imperative that manpower, infrastructure and resources were brought to at least the minimum required and allocated level. Frivolous and vexatious claims and defences must be strictly penalised using the relevant provisions of civil and criminal laws, it went on.
A wholesome review of procedural enactment was required to simplify and modernise outdated and cumbersome procedures. Courts should utilise latest tools, including E-forms and biometric devices for expeditious filings and scrutiny of evidence etc.
The declaration said scattered provisions in procedural/substantive laws should be consolidated. Pleadings, serving of process and recording of evidence needs updating. Judges, lawyers, prosecution and police, witnesses and litigants, must all assume responsibility to ensure smooth functioning of the justice system and consequent dispensation of equitable justice, the declaration said, adding that each stakeholder must ensure faithful and timely compliance with the duty imposed on him.
Courtesy www.dailytimes.com.pk