Daily Times

Law can be defined as a system of rules that a state or community recognises as managing the actions of its members, which it may enforce by the imposition of penalties. It has been varyingly described as a science and the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in regulations; by the executive through order and resolutions; or established by judges through pattern, usually in common law authorities. The law shapes history, politics, economics and society in various ways and serves as a mediator of relations between people. As far as the matter is concerned with the Islamic Republic of Pakistan, the law is based upon the legal system of British India; thus, ultimately, on the common law of England and Wales.

In Pakistan, the law is supervised by the Law & Justice Commission of Pakistan, which is a Federal Government institution headed by the Chief Justice of Pakistan (Justice Gulzar Ahmad). It comprises of other members that include Chief Justice of Federal Shariat Court Justice Noor Muhammad Meskanzai, Chief Justices of the High Courts, Attorney General for Pakistan Khalid Jawed Khan, Ministry of Law Secretary (Justice and Human Rights) and the Chairperson of National Commission on the Status of Women Fauzia Viqar. The Commission comprises of four other members, one from each province, appointed by the Federal Government, on the recommendation of the Chairman, in consultation with the Chief Justice of concerned High Courts.

Recently, at a ceremony held at the Governor House Lahore, Justice Muhammad Ameer Bhatti took oath as the 51st chief justice of the Lahore High Court. Governor Chaudhry Muhammad Sarwar directed the oath to Justice Bhatti. Punjab Chief Minister Usman Buzdar also adorned the occasion. LHC senior judge, Justice Malik Shahzad Khan, Punjab Assembly Deputy Speaker Muhammad Mazari, Punjab Law Minister Raja Basharat, provincial and federal law officers, Punjab IGP, corps commander of Lahore, and relatives of the chief justice were also present.

Pakistan’s legal system is similar to England’s system to some extent as judges do not interfere in legislature matters.

The recently appointed honourable Chief Justice Ameer Bhatti is exceptionally hardworking and has enjoyed a splendid reputation as an honest justice of Lahore High Court. Following the policy of simplicity, right after the appointment, he advised the judiciary to work hard and solve as many cases as they can as our judiciary is going through a lot of workloads. He was determined that our judicial system will work faster in his tenure and all the pending cases will be solved as soon as possible.

Justice Bhatti was born in an honourable family at Burewala, District Vehari. After his initial education from Multan, he did his bachelors from the University of Punjab. With a strong vision of the rule of law as the basis of a peaceful and just society that makes the organisations accountable and defend human rights, he picked legal education. He did his LLB in 1985 from Bahauddin Zakariya University, Multan. The longstanding aspiration was translated into reality when he embarked on his journey as a professional lawyer in 1986 and subsequently enrolled as an Advocate High Court in 1988.

He actively tracked his legal career and praised himself to the contributors of Bar with his capability. It was out of uncontaminated admiration for his qualified services and acumen that the associates of Bar Association High Court Multan nominated him as GS (General Secretary) from 1999-2000. After a remarkable voyage of keen and conscious exercise in the Court, he curved out to be Advocate Supreme of the Islamic Republic of Pakistan in 2001. In addition to his expert services in the state, he sustained as an associate of the IBAL (International Bar Association London) from 1991-4 and a participant of the American Bar Association from 2000-2.

After winning the promise, Justice Bhatti was granted the guard of integrity on arrival at the Lahore High Court. If not raised to the Supreme Court, he will continue as the Chief Justice of Lahore High Court till his leaving in 2024. As a first policymaking decision, he selected District & Sessions Judge Irfan Saeed Ahmad as the new administrator after relocating registrar Malik Ahmad Mushtaq Ojla. Also, via notification, AD Registrar Yar Muhammad Walana has been relocated from LHC Multan bench and posted as chief staff officer to the District & Session Judge Masood Arshad from anti-terrorism Multan court to the LHC as

Director-General of district judiciary.

Talking about the situation of law in developed countries, the UK has one of the best legal systems in the world as the country is a constitutional monarchy. The head of state is not the president (monarch), whose powers, functions, and duties are conscribed by agreement. In England and Wales, rules/laws are well-known by the passing of legislature by Assembly, which comprises of the Monarch; the House of Lords and the House Commons. The second one is elected directly by the Prime Minister and the people and the PM is by tradition a member of this Community. The system of case laws and Courts are regulated by the judges that are entirely distinct to Parliament.

Pakistan’s legal system is similar to England’s system to some extent as judges do not interfere in legislature matters. But our system has been suffering from the corruption that has reached its roots. The main concern is we have rules and regulations about each and everything but when it comes to implementation, our system poorly lacks in that. At present, Pakistan is going through one of the most critical phases in its history as several areas are not under the command of the government, and military actions are taken most of the time in parts of Quetta and NWFP. In this situation, when the state is dwindling apart, the administration should foster coherence and unity, instead of confusion and distinction. Having three different, at times contradictory, legal systems should be worked upon to ensure rights are given to every citizen of the country.

The writer is a Senior Social Analyst and Chairman (Pakistan Columnist Council). He can be found at figure786@hotmail.com.