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Lower courts: need for reform

2012-03-02
THIS is in response to a series of letters recently published in these columns on the subject of lower courts. I hope this discussion will result in the refinement of the administration of justice in lower courts.

Being a lawyer, I am of the view that our profession achieved a great honour in the recent past. Many silenced voices got justice.

The courage with which the Chief Justice of Pakistan steered the ship of judicial administration is unique not only in our history but in the history of the whole of Asia.

However, parallel to the preparedness to thwart any outside strike on judicial independence, we also have to correctourcoursefor retaining public support for our cause.

In any discourse about the judiciary, the public talks about the lower judiciary the most since only a few wealthy people have access to the higher judiciary. Therefore, any reform must first aim at the lower judiciary.

In this regard, besides complaints of corruption, the biggest complaint is about the misbehaviour by judges. Unfortunately, there is no publicly known way of lodging complaints against judges.

Consequently, if one reacts to the misbehaviour, one will further push oneself into hot waters.

I am of the view that cases should also be registered against judicial officers if they commit excesses. Alternatively, a panel of senior judges of the Supreme Court or High Court may be constituted to hear complaints against judges on the pattern of the Supreme Judicial Council.

If no corrective steps are taken for such misconduct, I fear that our profession as well as the judiciary as a whole will belittle its prestige.

UMER MANZOOR MALIK Advocate, Supreme Court Islamabad