Professional Documents
Culture Documents
Judicial Policy
2009
A year for focus on Justice at the Grassroot Level
Published by:
Secretariat, Law & Justice Commission of Pakistan,
Supreme Court Building, Islamabad
www.ljcp.gov.pk
CONTENTS
1.
2.
Executive Summery
Secretary, NJPMC
3.
11
a.
Independence of Judiciary
11
b.
Misconduct
13
c.
Eradication of Corruption
14
d.
16
16
Criminal Cases
16
ii
Civil Cases
23
28
4.
Annexure
31
Executive Summary
The National Judicial Policy Making Committee (NJPMC) in 2
marathon sessions lasting over 4 days considered and approved a
uniform National Judicial Policy. The Policy is an attempt to
streamline the judicial system in the country and make it responsive
to the present-day requirements of society. The objective is to clear
the huge backlog that has accumulated over the years at all level of
judicial hierarchy. The current pendency of cases is as follows:
Superior judiciary
i.
ii.
iii.
iv.
v.
vi.
Subordinate judiciary
19055
2092
84704
18571
10363
4160
138945
i.
ii.
iii.
iv.
Punjab
Sindh
NWFP
Balochistan
Total
1225879
144942
187441
7664
1565926
Name of Court
Sanctioned
Strength
Working
Strength
Federal/ Provincial
Budget (In Rs.)
Allocation for
Judiciary
(In Rs.)
Percentage
of Total Rev.
/ Exp for the
Year 2008-09
751
4,630,292,869,000
354,500,000
0.00765%
BPS
1 to 16
BPS 17 &
above
Total
606
145
CJ + 29
CJ + 27
CJ + 7
CJ + 4
190
64
254
4,630,292,869,000
82,408,000
0.001779%
CJ + 59
CJ + 53
1249
349
1598
256,948,656,000
2,201,867,000
0.86%
36
36
290
261
10631
10631
37
37
754
617
CJ + 39
CJ + 36
790
279
1069
180,987,200,000
1,234,504,000
0.68%
62
24
90
78
4242
4242
98
85
200
193
CJ + 19
CJ + 12
321
68
389
170,558,000,000.873
613,203,000
0.36%
24
20
97
87
3566
3566
356
58
414
65,943,525,270
470,679,870
0.17%
1773
1773
Subordinate Judiciary:
i. Distt. & Sessions Judge
4
24
20
201
183
CJ + 10
CJ + 4
24
17
27
19
12
124
69
v. Qazi/Member, Majlis-e-Shoora
42
35
10
10
INDEPENDENCE OF JUDICIARY
1)
2)
3)
4)
5)
6)
12
B. MISCONDUCT
The Judges of the superior courts should follow the Code of
Conduct prescribed for judges. They should take all steps necessary
to decide cases within the shortest possible time. As provided by
Article X of the Code of Conduct: In his judicial work a Judge shall
take all steps to decide cases within the shortest time, controlling
effectively efforts made to prevent early disposal of cases and
make every endeavor to minimize suffering of litigants by deciding
cases expeditiously through proper written judgments. A judge
who is unmindful or indifferent towards this aspect of his duty is
not faithful to his work, which is a grave fault. Hence, the Chief
Justice of concerned High Court may report cases of violation of
Code of Conduct including incidents of unusual delays/inefficient
performance to the Chairman, Supreme Judicial Council for action.
The prime duty of a judge is to present before the public a clean
image of judiciary. The oath of a judge implies complete submission
to the Constitution and under the Constitution to the law. Subject to
these governing obligations, his function of interpretation and
application of the Constitution and the law is to be discharged for
the maintenance of rule of law. To be a living embodiment of these
powers, functions and obligations call for possession of the highest
qualities of intellect and character. Equally, it imposes patterns of
behavior, which are the hallmark of distinction of a judge among his
fellow-men. Therefore, the Committee asked the Chief Justices to
report the violations of Code of Conduct to the Supreme Judicial
Council for appropriate action.
13
C.
ERADICATION OF CORRUPTION
1)
2)
3)
4)
5)
6)
The District and Sessions Judges should also report about the
corruption/misconduct of their subordinate judges.
14
7)
8)
9)
15
D.
CRIMINAL CASES
1)
2)
3)
4)
6)
7)
8)
9)
b)
c)
d)
E)
f)
g)
h)
i)
j)
19
k)
b)
c)
D)
25
2)
3)
I.
II.
b)
26
4)
c)
d)
e)
f)
g)
27
b)
c)
d)
e)
f)
g)
5)
6)
7)
8)
9)
b)
c)
d)
f)
g)
h)
i)
19) To check filing of false and frivolous cases the courts should
impose compensatory costs under section 35-A of the C.P.C.
Similarly on the patron of High Court of Sindh, the other High
Courts may also amend the relevant rules for incorporation of
a provision to impose a cost upto rupees one lac for false,
frivolous and vexatious litigation.
20) Civil and criminal functions of the court should be bifurcated
so that the judicial Officers can try criminal and civil cases
exclusively. For fuller comprehension of civil/criminal law and
experience, such judicial officers be rotated annually.
32
2)
3)
b)
c)
d)
e)
f)
4)
Scattered courts are also one of the major causes of nonappearance of lawyers as it takes hours to reach from one
court to another. Therefore, in the cities court complexes
should be constructed to accommodate all courts in one
premises.
5)
34
6)
7)
8)
9)
Drafted by:
Approved by:
36
Annexure
2.
3.
4.
5.
6.
7.
8.
9.
10