CJP to monitor performance of administrative tribunals, special courts

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Saturday directed the Law and Justice Commission of Pakistan (LJCP) secretary to study various federal and provincial laws for proposing reforms for brining administrative tribunals and special courts under the administrative control of their respective high courts. He issued the direction while presiding over a meeting of the chairmen and presiding officers of all the administrative tribunals and special courts – both federal and provincial – at the Supreme Court on Saturday. The meeting was chaired by the CJP, who is also the chairman of the National Judicial Policy Making Committee (NJPMC). The meeting was attended by Chief Justice of the Federal Shariat Court Sheikh Najamul Hassan as well as the chief justices of the provincial high courts and Islamabad High Court, says a statement issued by the Law and Justice Commission of Pakistan (LJCP). Justice Muhammad Yawar Ali, senior puisne judge of the Lahore High Court and Justice Mian Shakirullah Jan, former judge of the Supreme Court /Member Law and Justice Commission of Pakistan (LJCP) attended the meeting on special invitation. Dr Muhammad Raheem Awan, secretary NJPMC/LJCP convened the meeting. The chief justices of the high courts informed the meeting about institution, disposal, pendency of cases and status of vacant posts in the administrative Tribunals/special courts in 2017. The Balochistan High Court chief justice informed the meeting that in 2017 the disposal rate of administrative tribunals/special courts was higher than the institution rate. The Lahore High Court chief justice suggested that the location of all ex-cadre courts might be shifted to divisional headquarters, ex-cadre courts be entrusted with ordinary cases, the ex-cadre courts might be brought under the supervisory control of high courts and the infrastructure of ex-cadre courts be improved. He further said that the ex-cadre council had been formed for interaction with presiding officers of ex-cadre courts. The Peshawar High Court chief justice said that the PHC had appointed administrative judges to supervise the performance of the administrative tribunals/special courts and to assess their needs. He further stated that the performance benchmark of one court could not be equated with that of another court as progress parameters of one court were different from the other. He also said that in Khyber Pakhtunkhwa work of more than one special court had been assigned to a single judge for effective utilisation of human resources. Similarly, a special judge tours various areas for adjudication, he said. He further suggested that the presiding officers of special courts should have administrative control of their staff and similarly, the administrative tribunals/special courts should be brought under administrative purview of the high court. The Sindh High Court chief justice stated that the vacant posts of presiding officers of administrative tribunals might be filled upon the advice of the chief justice as sometimes the special judges were appointed by the federal and provincial governments after long delays. Similarly, the power of appointments in administrative tribunals/special courts should be given to the high court. He also said that the number of prosecutors in the special courts might be increased. Justice Mian Shakirullah Jan informed the meeting that the vacant posts in NIRC had been filled. Moreover, he suggested that the vacant post of NIRC member should be filled within two months. Moreover, appointment of staff in NIRC should be made through judiciary, he said. He further thanked the CJP for inviting and speaking to the presiding officers of the special courts which would give a message to the special judges that they were part of the judiciary. The CJP stated that the chairmen and presiding officers of the administrative tribunals/special courts were part and parcel of the adjudicature. He stressed that the special courts should work with passion, devotion and in accordance with law in meeting targets and moreover, in meeting this end shortage of staff should not be an obstacle. He also emphasised that after hearing arguments, judgments should be passed in one month. He also stated judiciary was an important pillar of the state and the state would be at a loss if this pillar was not able to work. He said that he took up the issue of the disposal rate of administrative tribunals/special courts in NJPMC meeting of May 13, 2017 and consequently the meeting was called. He asked Dr Muhammad Raheem Awan, the LJCP secretary, to present the institution, disposal and pendency status of the administrative tribunals/special courts for 2017 and the courts which were under performing were directed to improve their performance. Published in Daily Times, February 4th  2018.