FAISLABAD COLLEGE OF LAW

Research Proposal
Whether, National J!icial Polic" #$$%, pla" an
e&&ecti'e role to (rin)in) *stice to the people o&
Pa+istan, -
Pro)ra./ 0aster o& La1s 2LL03
S(.itte! B"/ 04 5aroon l Rashi! Bhtta
S(.itte! 6o/ 046ahir 0eh.oo!
Jne,#$78
1
ABS6RAC6
This research proposal attempts to analyze practical implications of commitments
made in National Judicial Policy 2009. NJP 2009 and its revised models aim to provide
free, fair and transparent justice mechanism to the common man at door step. Its
roader !oals include" to estalish la# and order and a peaceful environment y
protectin! personal property and lives of all citizens.
The constitutional provisions $%rticle 2%& are spirit of NJP 2009 #hile restoration of
judicial honor and independence, judicial supremacy, judicial neutrality and judicial
activism are !uidin! principles for proposed reforms provided in National Judicial Policy
2009. The NJP 2009, appears to e a infant draft of justice led reforms in the country. It
mainly focuses on follo#in! five main aspects" independence of judiciary, issues
pertainin! to misconduct, mechanism for eradication of judicial corruption, time frame
for e'peditious disposal of cases and short as #ell as lon! term measures to counter
and curtail civil and criminal cases. Judiciary is e'pected to protect the ri!hts of those
#ho vie# themselves as infrin!ed and trespassed y !overnment. (or this it is need of
hour that judicial system in Pa)istan e empo#ered on modern lines to ecome
independent of influences of !overnment and other dominant sta)eholders, to uphold
rule of la#. It is hi!hly e'pected that the people of Pa)istan #ould e'perience a
positive chan!e after the implementation of ne# policy in true form. NJP recommends
to employ a variety of judicio*le!al reforms to curtail current crime rate and acts of
terror in Pa)istan.
The honour )illin! of (arzana at doorstep of +ahore ,i!h -ourt y her family memers,
rise in numer of rapes, e'tortions, car thefts and tar!et )illin!s y terrorists as #ell as
reli!ious militants e'pose loopholes in NJP 2009. In curin! all forms of crimes, the
judicial system alon! #ith la# enforcement a!encies play the main role. .ocial evils
to!ether #ith terrorist are destroyin! peace of Pa)istan/s society y ta)in! justice
hosta!e and la# in their hands. The inherent structural fla#s and limitations in e'istin!
criminal justice system, passin! of ad*hoc fashioned polices #hich are repeatedly
overturned y le!islators, estalishment of parallel justice system $special courts,
military courts, .hariah -ourts& and osolete investi!ation mechanism and #ea)
police and intelli!ence structure has compounded the criminal landscape of Pa)istan/s
society.
2
Chapter/ 7
IN6ROD9C6ION
The National Judicial Policy 2009 of Pa)istan, is an attempt to streamline the judicial
system in the country and to ma)e it responsive to the present*day re0uirements of
society. The ojective is to clear the hu!e ac)lo! that has accumulated over the years
at all level of judicial hierarchy. 1r!ency has een accorded to cases involvin! violation
of fundamental ri!hts and restraint on lierty2freedom of individual33.. The plan of
action provides for disposal of all old cases $filed upto 45 6ecemer 2007& #ithin one
year. Ne#ly instituted cases filed after 5 January 2009 in the .upreme -ourt, (ederal
.hariat -ourt, ,i!h -ourts and .uordinate -ourts #ill also e decided in one year
period from the date of filin!.
The ,i!h -ourt and .uordinate -ourts in the province of 8alochistan #ill e ale to
decide all old cases #ithin si' months and all fresh cases in si' months time from the
date of institution. This is indeed a tall claim and difficult !oal ut e0ually stron! is the
determination of the NJP9- to honor its commitment to the nation. It #ould re0uire
!i!antic efforts and hard #or) ut every effort #ill e made to achieve the desired !oals
y full and effective utilization of e'istin! resources. ,o#ever, #here ne# resources
are re0uired, the :overnment #ill e approached for allocation of necessary funds for
the purpose. (Faqir Hussain, Secretary NJP Committee, 2009).
.ometimes judicial policies have !reater impact on society and in definin! national
course of action. The judiciary #orld#ide has played a vital role in developin! a
nation/s policies than the desi!ners of constitution could ever envisioned. The
judiciary/s policy decisions that attract national attraction in a political system of divided
po#ers invite other !overnment ranches to e'ercise their policy ma)in! po#ers. In 1.
the trend to use liti!ation as a strate!y to protect one/s fundamental ri!hts #as initiated
y civil ri!hts !roups. This #as successfully copied y minority !roups for racial
e0uality and finally #omen ri!ht supporters to constitutionally fi!ht for feminist
movement. In narro# and least controversial issues the verdict y superior courts leads
to formulation of impactful policies $:ideon -ase&. ,o#ever in road and controversial
laden decisions, court ecame a part of policy ma)in! ody e'hiitin! y default
limitations of judicial supremacy ( Robert A. Car ! Rona"# Sti#$am, Ju#icia" Process
in America % &
t$
e#).
3
In 2009 scenario for proportion of pendin! cases #as follo#s;
Superior judiciary Subordinate judiciary
i.
Supreme Court of
Pakistan
18396 i. Punjab 11,50,931
ii. Federa S!ariat Court 1"03 ii. Sind! 120,9#5
iii. $a!ore %i&! Court 1,05,835 iii. '(FP 116,81#
i). %i&! Court of Sind! 28,1#8 i). *ao+!istan 6,516
). Pes!a,ar %i&! Court 13,866 Total 13,95,206
)i.
%i&! Court of
*ao+!istan
#60#
This backlog of cases is ain hurdle in speedy
disposal of justice at grass root le!el"
Total# 1,$2,552
#
-ourtesy
.ecretariat, +a# < Justice -ommission of Pa)istan,
###.ljcp.!ov.p)
5
Chapter/ #
LI6ERA69RE RE:IEW
The development of National Judicial Policy 2009, is a historic milestone in directin!
ener!ies of judiciary, le!islators and e'ecutive to#ards a common !oal of maintainin!
la# and order and estalishin! peace y curin! crime rate. =ith valuale input from
main sta)eholders, it serves as a joint platform of state or!ans to fi!ht injustice and
violence prevailin! in terror hit state" the Islamic >epulic of Pa)istan.
The NJP 2009, NJP $revised& 2055 and 2052 focuses on follo#in! main areas"
independence of judiciary, issues pertainin! to misconduct, mechanism for eradication
of judicial corruption, time frame for e'peditious disposal of cases and short as #ell as
lon! term measures to counter and curtail civil and criminal cases. It is hi!hly e'pected
that the people of Pa)istan #ould e'perience a positive chan!e after the
implementation of ne# policy in letter and spirit.
The NJP 2009 calls for independence of judiciary y employin! a variety of proposals
y )eepin! in vie# previous mal practices. In addition to -onstitutional safe!uards
NJP vo#s to preserve independence and impartiality of judicial system y devisin! a
comprehensive frame#or) for recruitment, selection, appointment as #ell as transfer
postin!s of judicial staff and officers. It stron!ly discoura!es the practice of appointed
of superior courts jud!es as :overnors of provinces (Re'errin( to )ia era #rastic "e(a"
c$an(es to (et *u#icia" cooeration in "e(itimi+in( mi"itary cou% source Hami# ,$an
---, NJP Para .).
=ith reference to judiciary/s !olden days of independence ,amid ?han #rites" @It is
noticeale that the .upreme -ourt under the leadership of -J % > -ornelius,
estalished its independence and !ave landmar) rulin!s #hich !ave meanin! to the
fundamental ri!hts and civil lierties of citizens./ (Hami# ,$an, Constitutiona" ! Po"itica"
History o' Pa/istan, 0# 2
n#
, 21&).
It has also demanded repatriation of jud!es to respective courts for e'peditious
disposal of pendin! cases. NJP 2009 has also raised ojections over postin!s of
jud!es at e'ecutive posts in (ederal and Provincial :overnment 6epartments as a
factor contriutin! to delayed justice. $NJP 2009, Para 2 $ii&,A&.
6
It is su!!ested in NJP 2009 that for the recruitment of vacant judicial posts proper
mechanism e adopted that is either throu!h Provincial Pulic .ervice -ommissions or
throu!h direct appointment on ad*hoc asis $ in li!ht of jud!ment passed y the ,i!h
-ourt of .indh in -.P No*62B0B22007 ie >ashid % >izvi < others v2s Province of .indh
< others&. $NJP Para 2 $iii&&.
To ma)e appointment of jud!es fair and purely on merit, the committees for selection of
judicial officers e carefully constituted from amon!st the honest, stron! #illed judicial
officers to #ithstand the pressures. $NJP Para 2 $v&&
Judiciary must ta)e control and supervise #or)in! of all special courts2triunals under
the administrative control of e'ecutive. The postin!s of their judicial officials should e
made in consultation to concerned -hief Justice of respective ,i!h -ourt. In this
re!ard the (ederal2Provincial !overnments should amend the relevant la#s to rin! the
jud!es and staff of the .pecial -ourts $>evenue -ourts, +aour -ourt, -ustom -ourts,
8an)in! -ourts, %nti -orruption -ourts, NI>-, .pecial -ourts for Narcotics, 8an)in!
-ourts, 6ru! -ourts, -onsumer -ourts, (ederal2Provincial .ervice Triunals,
Cnvironment Triunals and Income Ta' %ppellate Triunals etc& in the purvie# of the
respective ,i!h -ourt. 9onitorin! of special courts e made y -J of respective ,i!h
-ourt $NJP Para D&.
In future the judiciary #ould remain aloof from the conduct of elections, as it distracts
the judicial officers from professional duty and complaints of corrupt practices tarnish
the ima!e of judiciary. The -onduct of :eneral Clections Erder 2002, >epresentation
of the People %ct, 59FD and +ocal :overnment Erdinance 2005 do not contain any
provision #hich re0uires that the elections are to e held under the supervision of the
Judiciary. The judiciary #ill continue to e'tend support and cooperation in adjudication
of election related disputes2complaints as provided under the la# $NJP Para F&.

In reference to misconduct" the %rticle G of the -ode of -onduct states ; HIn his judicial
#or) a Jud!e shall ta)e all steps to decide cases #ithin the shortest time, controllin!
effectively efforts made to prevent early disposal of cases and ma)e every endeavor to
minimize sufferin! of liti!ants y decidin! cases e'peditiously throu!h proper #ritten
jud!ments. % jud!e #ho is unmindful or indifferent to#ards this aspect of his duty is not
"
faithful to his #or), #hich is a !rave faultI. Thus the jud!es of the superior courts
should follo# the -ode of -onduct prescried for jud!es. They should ta)e all steps
necessary to decide cases #ithin the minimum period $NJP Para 8&.
The duty of a jud!e calls for possession of hi!hest 0ualities of head and heart. %
jud!e/s model ehavior should distin!uish him2her from rest fello#s. % proper
mechanism is estalished for ta)in! appropriate action a!ainst inefficient performance
and unreasonale delays of judicial officer y a -hief Justice of respective ,i!h -ourt
$NJP Para F&.
It is advised that in efforts to cur corruption, the code of conduct for suordinate
judiciary, framed y the Pesha#ar ,i!h -ourt and adopted y the +ahore ,i!h -ourt
should e considered for adoption y the ,i!h -ourts of .indh and 8alochistan.
(urthermore, the present mechanism for initiation of disciplinary action a!ainst corrupt
and inefficient judicial officers2court staff e improved.
In each ,i!h -ourt a H-ell for Cradication of -orruption from JudiciaryI e set up in the
office of >e!istrar, under the supervision of -hief Justice of concerned ,i!h -ourt to
entertain complaints #ith credile evidence. -opies of such complaints may also e
for#arded to the >e!istrar, .upreme -ourt of Pa)istan. In case of the officers2staff of
the .upreme -ourt, a Jud!e shall e the In char!e of such -ell. 6isciplinary action
#ould e initiated a!ainst those judicial officers2staff that carry persistent reputation of
ein! corrupt or have their life style eyond ostensile means of income $NJP 2009, -
Para 5, 2, 4&.
To cur the malpractices and corruption of courts staff, 9unshi2cler)s of the la#yers
and touts, a H-ommitteeI headed y the 6istrict and .essions Jud!e and President
6istrict 8ar %ssociation should e formed to entertain complaints a!ainst corrupt
officials and for ta)in! action a!ainst them under the +a# $NJP -" Para 4 $ii&&.
=ith a vie# to provide justice at !rass root level, the performance of the suordinate
jud!es should e monitored y appointin! a jud!e of the ,i!h -ourt and conductin!
surprise visits2inspection of the -ourts. $NJP -" Para 4 $i&&.
It is stron!ly recommended that the -hief .ecretaries of the provinces should initiate
steps for computerization of revenue record on the pattern of Punja province. The
8
concerned .ecretaries of the >evenue 6epartments may ta)e necessary steps for
eradication of corruption and streamlinin! the functionin! of >evenue officials2
departments y formulatin! efficient policy #ithin 4 months and for#ard the same to
the -hief Justice of the respective ,i!h -ourt for consideration in the meetin! of
NJP9- $NJP Para -" 4 $iii, iv&&.
To !uard a!ainst the evil of nepotism, favoritism, corrupt means, etc, the 9ITs in ,i!h
-ourts may e'amine the jud!ments of the judicial officers to detect incidents of
corruption2improper conduct. %ll the judicial officers of the suordinate judiciary may e
as)ed to send copies of the jud!ments includin! ail2stay orders for scrutiny to 9ITs
$NJP -" Para B&.
,amid ?han an eminent le!al e'pert refers to decline in pulic confidence in judiciary/s
independence to malpractices initiated y %yu re!ime in 59F0/s in the form of political
patrona!e, nepotism and favoritism. ,e #rites in his oo)"
@=henever a son returned from aroad, #ith or #ithout a forei!n la# de!ree, or started
la# practice, he #as #idely introduced y his jud!e father to his uncle jud!es #ith the
understandin! that he should e loo) after. Naturally, la# practice of the sons and
sons*in*la# of the jud!es flourished overni!ht to the char!in and frustration of the less
privile!ed memers of the 8ar. They #ere en!a!ed on faulous fees #ith the e'ception
that they #ould otain relief due to personal connections, #hich they actually did in
many cases./ ( Hami# ,$an, -02)
The complaints of corrupt practices and professional misconduct a!ainst la#yers
addressed to the -hief Justice of ,i!h -ourt should e for#arded to the 8ar -ouncil
for action. The -ouncil should ta)e immediate action on such complaints under
intimation to >e!istrars of the concerned ,i!h -ourt $NJP -" Para 52&. .imilarly, to
cur the malpractices and corruption of courts staff, 9unshi2cler)s of the la#yers and
touts, a H-ommitteeI headed y the 6istrict and .essions Jud!e and President 6istrict
8ar %ssociation should e formed to entertain complaints a!ainst corrupt officials for
ta)in! action a!ainst them under the +a# $NJP -" Para 4 $ii&&.
In this re!ard, jud!es of the ,i!h -ourts e desi!nated for each division2district on
rotation asis $NJP -" Para A&.
9
The jud!e should himself #rite order sheets, interlocutory orders and re!ister petitions
I$NJP -" Para F&.
%ppropriate criminal cases under the relevant provisions of la# may also e re!istered
a!ainst the judicial officers2court staff involved in corruption $NJP -" Para 7&. En the
other hand, the corrupt judicial officers e made E.6s and )ept a!ainst their post for
the purpose of dra#in! salary only and disciplinary proceedin!s should e 0uic)ly
finalized $NJP -" Para 9&. Incentives should e !iven to the honest, efficient and hard
#or)in! judicial officers includin! advance increments and postin! at stations of choice
etc. $NJP -" Para 54 &.
.ettin! rules for postin!s and transfer policies of Judicial officers and staff NJP 2009,
states that no judicial officer2official should e posted in home district and those
remained posted in a particular district eyond 4 years should e transferred to other
district. The judicial officers shall not e transferred efore completion of 4 years tenure
at a station unless the interest of pulic or the institution demands early
transfer2postin!. Nai -ourts havin! completed 4 months attachment #ith a court
should e sent ac) to their parent department instead of transferrin! them to other
court y rotation $NJP Para -" 50, 55&.
To ensure appearance of -ounsels in cases efore district judiciary, the senior la#yers
should or!anize their offices as la# firms #here they may train their juniors and entrust
cases to them for pleadin! independently. The Junior %dvocates should e encoura!ed
to prepare and plead cases independently" this #ill help in curtailin! the delays caused
y fre0uent adjournments on account of non*availaility of senior counsel or their
en!a!ement in superior courts. The senior la#yers should maintain certain standard
for themselves and may not appear efore each and every -ourt at 6istrict level. $NJP
Para -" 52 $i, ii&&.
+a#yers must realize their responsiilities and should put their est ailities in assistin!
the -ourts #hile pleadin! their cases so that their efforts may e culminated in early
disposal of cases. +a#yers must rise to the occasion and stop the practice of ta)in!
adjournments and usin! delay tactics for lin!erin! the cases. There should e a limit
for ta)in! adjournments in the cases. If the Judicial Efficer comes to conclusion that
the advocate is purposely ta)in! the adjournments to prolon! the liti!ation then the
re0uests for adjournment may not e acceded to. $NJP Para -" 52 $iii, iv&&.
10
+a#yers should avoid to en!a!e in a case #here another la#yer is already en!a!ed
as such act #ould cause apprehensions for miscarria!e of justice. $NJP Para -" 52
$v&&.
(or e'peditious disposal of civil as #ell as criminal cases" NJP 2009, vo#s to adopt
short as #ell as lon! term measures. 6ividin! cases on the asis of nature of offence,
ail ale and non *ail ale, #omen and child offenders time frame for initiation and
finalization of investi!ation and prosecution have een laid do#n, in accordance #ith
-onstitution of Pa)istan.
In criminal cases it is the duty of the police2investi!atin! a!ency to sumit -hallan
$Police >eport& #ithin a period of 5B days as contemplated in section 5F4 -r.P.-. In
case of non*completion of investi!ation, an interim report shall e sumitted and in
such cases, the court shall not !rant remand eyond 5A days period $NJP Para 6 $I&"
D&.
Non*completion of investi!ation and non*sumission of -hallans in statutory period is a
major cause of delays in disposal of cases. .ince, Police plays crucial role in
administration of justice, therefore, the 6istrict Police Efficers may e as)ed to ensure
that the police should conclude investi!ation and sumit -hallans #ithin the prescried
period of 5B days. They may e as)ed that the .,Es #ho fail to comply #ith this
statutory provision should e treated as inefficient officer under the Police Erder and
the court may also lod!e complaint under section 5DD PP- a!ainst him. The 6PEs
should also sumit list of cases in #hich -hallans are still pendin! for #ant of
investi!ation for inspection and passin! appropriate orders y the 6istrict and .essions
Jud!e $NJP Para 6 $I&" F&.
No jud!e should !rant remand in the asence of accused and #hile !rantin! remand
should strictly adhere to the relevant provisions of the -ode of -riminal Procedure and
principles laid do#n in the ,a)eem 9umtaz case $P+6 2002 .- A90&. The 6istrict and
.essions Jud!es should re!ularly visit Jails on monthly asis to hear the complaints of
the prisoners and issue directions for resolution of their prolems2difficulties and may
release the prisoners involved in petty offences $NJP Para 6 $I&" 7&.
%ll criminal cases punishale #ith imprisonment for upto F years re!istered after 5st
January 2009 e )ept on fast trac) for disposal #ithin D months.
11
(or disposal of freshly instituted cases #ithin the stipulated period and to avoid pilin! of
cases, there may e practical difficulties ut the same can e overcome y e'tendin!
court timin!s dependin! upon the #or)load. The e'tended time could e utilized for
#ritin! jud!ments, framin! of char!e and other miscellaneous #or) $NJP Para 6 $I&" 9&.
%ll criminal cases punishale #ith imprisonment from F years and aove includin!
death cases shall e decided #ithin a period of 5 year $NJP Para 6 $I&" 50&.
-ases relatin! to preventive detention under section 50F read #ith section 5A5 -r.P.-.
should e decided as early as possile y follo#in! the procedure as envisa!ed under
section 552, 55F and 557 -r.P.- $NJP Para 6 $I&" 55&.
Production efore court for remand2trial is a statutory ri!ht of every prisoner" therefore,
the 6istrict and .essions Jud!es should as) the jail authorities to ensure that the
prisoners must e produced efore the court. The 6istrict and .essions Jud!es should
also monitor that #hile !rantin! remand all re0uisite procedural formalities are
complied #ith $NJP Para 6 $I&" 52&.
The trial -ourt shall not !rant unnecessary adjournments particularly on account of
failure to produce the prosecution #itnesses. If any Police Efficer or Investi!atin!
Efficer of the case is found !uilty of delierate attempts to prolon! the trial, the trial
-ourt may report the matter to the Efficer Inchar!e of such Police Efficer for ta)in!
necessary action. If in any case it appears that no action has een ta)en on the
complaint the matter may e rou!ht to the notice of -hief Justice throu!h >e!istrar for
initiatin! contempt proceedin! a!ainst such Police Efficer responsile for causin!
hindrance in conclusion of trial. To discoura!e the tendency of ta)in! adjournment on
flimsy !rounds, the >e!istrar of the ,i!h -ourt may convey a meetin! of the Inspector
:eneral Police, Prosecutor :eneral and %dvocate :eneral to chal) out a uniform
policy for e'peditious disposal of criminal cases $NJP Para 6 $I&" 52 $iii&&.
In appropriate cases #here complaints have een made a!ainst Police for misuse of
authority, dishonest investi!ation, ne!li!ence and inefficiency, the matter may e
reported to the Police -omplaint %uthorities and 6istrict Pulic .afety -ommission for
initiation of disciplinary proceedin! a!ainst the delin0uents $NJP Para 6 $I&" 52 $iv&&.
In case the trial -ourt comes to conclusion that the Police have viciously and
unnecessary caused delay in for#ardin! the case to the -ourt or to any other %uthority
12
to #hom he #as le!ally ound to for#ard any arrested person may e proceeded
a!ainst the responsile on account of misconduct and in case of conviction he may
also e punished #ith imprisonment for a term #hich may e'tend to one year or #ith
fine under %rticle 5AF of the Police Erder, 2002 $NJP Para 6 $I&" 52 $v&&.
In the Effice of the Provincial Police Efficer 2I:P, a focal person may e desi!nated to
perform e'clusively the duties of receivin! the orders from the -ourts in connection
#ith the trial of criminal cases and dispatchin! it to the concerned 0uarters for
compliance, particularly orders re!ardin! production of record and under trial prisoners
in the -ourt on the date and time fi'ed y the -ourt $NJP Para 6 $I&" 52 $vi&&.
In criminal cases, non*representation of accused y -ounsel is also a source of delay
in trial, therefore, the -hief Justices of ,i!h -ourts, in consultation #ith the -hairman
of the +e!al %id -ommittee of the Provincial 8ar -ouncils or Pa)istan 8ar -ouncil, may
appoint la#yer in such cases to avoid delay. In this re!ard a list of the advocates
should e maintained in each district so that they can e appointed for provision of
le!al aid to accused person #ho cannot afford to hire the services of -ounsels.
,o#ever, prior to appointin! any -ounsel option of selection from that list should e
!iven to the accused in the interest of justice $NJP Para 6 $I&" 54&.
To chec) the tendency of filin! false and frivolous cases, the court should ta)e penal
action a!ainst the party y imposin! fines under section 2A0 -r.P.-. or filin! complaints
under section 572 and 255 of the PP- $NJP Para 6 $I&" 5B&.
(alse and frivolous liti!ation in civil as #ell as in criminal sides e discoura!ed y
imposin! heavy costs, compensation and penalties in accordance #ith the provisions
of section 4A*% -.P.- and 2A0 -r.P.- so that the precious time of the -ourts may not
e #asted and utilized for redresseal of !enuine !rievances of the liti!ants $NJP Para
6 $I&" 5B $i&&.
In cases triale y a 9a!istrate, if the court dischar!es or ac0uits all or any of the
accused and is of the opinion that the accusation a!ainst them or any of them #as
false or frivolous, the court may ac0uit or dischar!e the accused and may call upon the
complainant2informant to sho# cause as to #hy he should not pay compensation to the
accused. %fter considerin! the facts and circumstances of the case the 9a!istrate may
direct the complainant 2 informant to pay to the accused a compensation not e'ceedin!
13
rupees t#enty five thousand. The compensation payale under section 2A0 -r.P.-. is
recoverale as arrears of land revenue $NJP Para 6 $I&" 5B $ii&&.
If this provision of the la# is enforced in its true sense, it #ould certainly help to reduce
the numer of !roundless and frivolous complaints2 cases .,o#ever, in fi'in! the
amount of compensation, the court should carefully consider the status of accused as
#ell as that of the complainant and the nature of accusation. 8esides, if it appears to a
court that for!ery or perjury has een committed in relation to any proceedin! efore it
then the court can proceed a!ainst the defaulter under section BFD -r P.-. to vanish
the impression that anyone can ause the process of la# y falsehood or farication
and that too #ithout any ris) of prosecution. $NJP Para 6 $I&" 5B $iii&&.
1nder section BFD of the -r.P.-. the court may itself ta)e co!nizance of the offence
and try it in accordance #ith the procedure prescried for summary trials in -hapter
GGII of the -ode. ,o#ever, if the court considers that the accused should not e tried
summarily under section BFD, it may after recordin! the facts constitutin! the offence
and statement of the accused for#ard the case to the competent court for trial $NJP
Para 6 $I&" 5B $iv&&.
=rit petitions of the follo#in! cate!ories if competent under the la#, should e decided
#ithin D0 days;
$i& Pertainin! to service disputes includin! promotion, transfer and such other
matters.
$ii& >elatin! to admission of students in professional colle!es and allied matters
$NJP Para 6 $II&" 2&.
.tay matter under Erder 49 rule 5<2 should e decided #ithin 5A days of !rant of
interim injunction and in case of delay, the judicial officer should report reasons to the
concerned -hief Justice of the ,i!h -ourt throu!h >e!istrar $NJP Para 6 $II&" 4&.
The rent cases should e decided speedily #ithin a period of B months $NJP Para 6
$II&" B&. %ppeals, =rit Petitions and other miscellaneous petitions pertainin! to rent
matters should e decided in D0 days $NJP Para 6 $II&" A&.
.
1#
>evision petitions under -P- arisin! out of interlocutory orders i.e. interim stay orders,
mis*joinder and non*joinder of necessary parties, appointment of local commissioners
and non*payment of court fee should e decided #ithin 4 months suject to the
maintainaility of such petition $NJP Para 6 $II&" D&.
(amily cases should e decided #ithin 4*D months. -ivil appeals arisin! out of family
cases, custody of minors, !uardianship cases, succession and insolvency cases, if
competent, shall e decided #ithin one to four months and for any delay, reasons
should e furnished to the ,i!h -ourt. 8an)in!, ta', duty, levy and cess cases should
e decided #ithin D months $NJP Para 6 $II&" F,7,9&.
-ivil Jud!es should decide revie# applications #ithin 40 days and the trial of ne#
cases $instituted after 5st January 2009& should e completed #ithin D months.
Ne!otiale Instrument cases #hich are decided throu!h summary procedure as
provided under Erder GGGJII of the -ode of -ivil Procedure 5907 should e decided in
90 days. Priority should e !iven to #omen and juvenile cases for 0uic) disposal $NJP
Para 6 $II&" 50, 55, 52&.
To clear the ac)lo! under different cate!ories, special enches should e constituted
for each cate!ory on the Principal seat and 8ranch >e!istry of the .upreme -ourt and
,i!h -ourt. There should e a commitment of jud!es to decide the old civil2criminal
cases $filed upto 45 6ecemer 2007& #ithin one year $NJP Para 6 $II&" 5A&.
The 6istrict Jud!es should adopt such measures #hich ensure handlin! of A0K of
cases from ac)lo! $filed up to 45 6ecemer 2007& and A0K from ne# cases $filed on
5
st
January, 2009 and on#ard&.To chec) filin! of false and frivolous cases the courts
should impose compensatory costs under section 4A*% of the -.P.-. .imilarly on the
patron of ,i!h -ourt of .indh, the other ,i!h -ourts may also amend the relevant rules
for incorporation of a provision to impose a cost upto rupees one lac for false, frivolous
and ve'atious liti!ation. -ivil and criminal functions of the court should e ifurcated so
that the judicial officers can try criminal and civil cases e'clusively. (or fuller
comprehension of civil2criminal la# and e'perience, such judicial officers e rotated
annually. $NJP Para 6 $II&" 57, 59, 20&.
15

Chapter /;
DISC9SSION
The main reasons for the demand of judicial reforms in the form of HNizam*e*%dal
>e!ulationI in 9ala)and division #ere hi!her rate of pendin! of cases, uncertain time
limit for courts decisions, remote accessiility to courts and unaffordale le!al fees.
The presentation of National Judicial Policy 2009 y .upreme court of Pa)istan is a
ri!ht effort to rin! desired reforms in the judiciary.
The Ne# Judicial Policy/s effort in rin!in! out reforms y minimizin! the pendin! case
rate, the allocation of specific time limits for specific cases and the provision for jud!es
not to serve as actin! !overnor, and for those currently servin! in other departments on
deputation to e summoned ac) to the courts are e'tremely helpful in restorin!
judiciary/s lost presti!e and independence (3$is recommen#ation $as been re4erse#
by ne5 C$ie' Justice o' Pa/istan ).
.ince our judiciary is !oin! throu!h the phase of e'tensive reforms, other areas need
to e considered for further efficiency. These include;
The announcement of judicial policy is a !ood move as it seems to ensure the
independence of judiciary ut main focus should e made on lo#er courts for 97K of
cases e!in and end in these courts.
The appointment and dismissal of the jud!es of .upreme -ourt and those of ,i!h
courts should e made strictly on merit y follo#in! constitutional conventions. The
postin! of superior judiciary official should not e made on asis of nepotism,
favoritism and political affiliation. >emuneration and enefits provided to the all jud!es
needs to e of sufficiently hi!h level to minimize the chances of corruption. The
estalishment of anti*corruption cell is a very !ood move y the hi!her court in curin!
corruption.
There is also a need to rin! improvements in the administration $police department
#or)in!& to ensure due dispensation of justice y the courts. There should e an
accountaility mechanism to deal #ith false complaints and (I>/s.
Cstalishment of ne# courts and increase in the numer of judicial officers and
specialized courts particularly in remote areas to ma)e justice easily accessile to
every citizen is hi!hly encoura!ed. There is a need for pulic a#areness aout courts
16
le!al system of the state to ma)e dispensation of justice easily understandale for a
common man.
% reasonale ma'imum amount of le!al fees needs to e specified for specified cases
to ma)e justice affordale. =ith the provision of limitation of time for case disposal
la#yers and judicial staff of lo#er courts loose a part of their income. To overcome this
la#yers and judicial staff fee e cate!orized on asis on 0ualification, e'perience and
nature of case.
%lternative 6ispute >esolution $%6>& (orums on each separate le!al area need to e
estalished to encoura!e settlement and resolution of disputes throu!h alternative
means. (or this traditional settlement odies $Jir!a, Panchayat& need to e
restructured in accordance #ith -onstitution of Pa)istan. This #ill also help in
decreasin! court urden.
There is a need to respond to the complains and feedac) timely and efficiently to
redress the !rievances of the masses 0uic)ly. %s minor clashes #hen remain
unaddressed leads to major conflict amon! parties.
9inimum numers of jail inspections in a specified period y authorized jud!es needs
to e prescried to stop human ri!hts violations and mal*practices in jails.
The cases of 9issin! Persons should e trialed in Terrorism -ourt and treated on
ur!ent asis. Cven persons found havin! lin)s #ith militants can not e contained in
ille!al detention for indefinite period.,o#ever, at present NJP 2009 is silent aout the
issue of missin! persons, militancy and insur!ency related violence and dama!e.
>esultantly, e'tra judicial )illin!s , violence and detention is a source of rift et#een
federation and provinces.
NJP 2009, has i!nored the )iller of Pa)istan/s economy and its people i.e terrorism. In
asence of a comprehensive frame#or) to deal #ith reli!ious militants and e'tremists
sucide omin!s have ecame a norm in Pa)istan.
NJP committee must include memers of II- and .hariah courts to promote inter faith
harmony and prevent ause of Islamic provisions li)e ause of 8lasphemy la#. =ith
the input from reli!ious scholars NJP should !ear up to eradicate sectarianism and
reli!ious intolerance.
(undin! $ private or pulic as #ell as national or forei!n& of ar councils and certain
judicial odies should e fair, transparent, #ell documented and properly audited . The
procedure for spendin! of funds of ar council ou!ht to e streamlined. There should
1"
e chec) on the provision of travelin! and daily allo#ances to the memers of the ar
council as #ell as upon #elfare of la#yers.
In rush of decidin! cases, care should e ta)en as this approach of speedy disposal of
cases has affected the 0uality of justice. The urden had increased on la#yers as #ell
as on liti!ants ecause of NJP, thus on level of suordinate judiciary the prolems
faced y la#yers have ecame more rampant. The Policy attriutes the ac)lo! to
various reasons2factors ut essentially to inade0uate ud!etary allocation.
The !oals of Policy can e monitored and achieved #ith the use of suitale hard#are
and soft#are and puttin! up cameras in the courts and audio e0uipment for aout 2000
Judicial Efficers. The use of internet ma)es it possile to remotely vie# in real*time
court proceedin!s and such recordin! may ecome a permanent record of the -ourt
and respective jud!e and advocate. (inally these recordin!s can e revie#ed and
used for improvin! the critical s)ills of the Judicial Efficers.
En %pril 2F, 205B the National Judicial Policy 9a)in! -ommittee amended NJP 2009
and allo#ed postin! of judicial officers in the e'ecutive on deputation" )eepin! in vie#
the difficulties of the la# ministry2la# departments, the hi!h courts may allo# judicial
officers to join la# department2ministry, ut in such case, rela'ation #as made on the
!round that the judicial officer shall sever his relation #ith the judiciary. The reversal of
certain recommendations pose a !rave threat to#ards le!itimizin! unconstitutional
actions of e'ecutive.
En petty issues people should not e !uided or forced to pursue liti!ation as there
should e some other alternative yet credile forums to settle petty disputes efore
they !ain momentum. Pa)istan can learn lesson from India to resolve petty issues
throu!h mutual settlement $ =aseem .ajjad C'. -.J of Pa)istan referrin! to Indian
National +o) %dalat event, Nov. 2054&.
The statistical data do e'hiit numer of decisions ta)en in lo#er and superior courts
ut there is no reliale data sho#in! 0uality of jud!ment passed in these cases. The
motto of @speedy justice/ should not e compromised #ith the @essence of justice/. The
NJP must also chart out a plan for 0ualitative measurement of pendin! cases alon!
#ith 0uantitative measurement.
The National Judicial Policy 2009 should e re!ularly revie#ed to deal #ith prolems
associated #ith its implementation y la#yers and liti!ants. National Judicial Policy
18
loo)s promisin! li)e the constitution ut its delivery depends upon its true
implementation y state or!ans.
Chapter /8
RESEARC5 0E65ODOLOG<
The aim of research proposal is to device ne# pra!matic theoretical approach
supported y statistical evidence, that can provide insi!ht to determine e'tent of
effectiveness of NJP 2009 in rin!in! justice to the people of Pa)istan. It also
elaorates practical implications of implementation of National Judicial Policy in letter
and spirit.
The study has consulted primary and secondary literature, includin! ne#spaper
articles, le!islation, oo)s and cases in the area. %fter critically analyzin! factors
contriutin! to success and failure, the study offers recommendations for desi!nin! a
more effective and holistic National Judicial Policy model for all sta)eholders.
It is a descriptive and analytical research study and for ma)in! fruitful conclusion data
is descriptively and critically analyzed.
19
REFERNCES
%rticle 2%, Ejectives >esolution, 59F4 -onstitution of Pa)istan
C'press Triune, 2D Nov. 2054
,amid ?han, -onstitutional and Political ,istory of Pa)istan
National Judicial Policy, 2009
National Judicial Policy $revised&, 2055
National Judicial Policy $revised&, 2052
>oert %. -arp < >onald .tidham, Judicial Process in %merica " A
th
ed&.
###.ljcp.!ov.p)
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