Justice denied

Author:

Sir: Apropos a report on a conference organised by the Supreme Court Bar Association (SCBA) in Lahore. The primary obligation of the state is to form a powerful independent judiciary, free from executive control, or influence of powerful lobbies, to deliver justice and be seen to be doing it. Perhaps this tradition by Bar to give farewell dinners to outgoing Chief Justices needs to be reviewed in light of its being used to show displeasure against Justice Jawad Khawaja, whose sole fault was that he attempted to hamper delay by design of powerful branded lawyers hired by controversial real estate mafia don.

More important than perceived harmony between Bar and Bench is delivery of justice to most deprived and weak against cartels of power that have evolved over the years of poor governance. What is needed from judiciary is more selective judicial activism to protect state and its citizens from abuse. Should it not awaken those who sit in corridors of power that a Pedophile with political connections accused of sexually assaulting a poor Class eight girl of Lahore, aged between 14 to 15 years is being subjected to harassment, or lawyers are partners with LPG cartels and few on permanent payroll of notorious land mafia dons?

Whatever the follies of former Chief Justice Iftikhar Chaudhry viz-a-viz his son’s involvement in corruption, his resort to judicial activism was welcomed by the masses. The resort to suo moto notice does adversely affect earnings of lawyers, but it helps to alleviate the suffering of poor victims of gross injustice. A balance needs to be worked out and our outdated Criminal Law and Evidence Procedures formed by an occupying colonial power, needs to be drastically reformed to provide justice without undue delay by anybody. The judges of superior judiciary need to be more discreet while accepting invitations to attend seminars and conferences, because they are required to give justice even if heavens have to fall.

ANEELA CHANDIO

Sukkur

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