THE TRUTH, AND NOTHING BUT
Legal horizon | Concept of justice and inconvenience
Akhtar Ali Kureshi
The justice concerns itself with the proper ordering of things and persons within a society. As a concept it has been subject to philosophical, legal, and theological reflection and debate throughout the world. A number of important questions surrounding justice have been fiercely debated in the society. What is justice? What does it demand from individuals and societies? What is the proper distribution of wealth and resources in society: equality, meritocracies, according to status, or some other arrangement? There are numberless possible answers to these questions from divergent perspectives on the political and philosophical spectrum.
In one sense, all theories of justice claim that everyone should get what he deserves. Theories disagree on the basis for dessert. The main distinction is between theories that argue the basis of just desserts is held equally by everyone and therefore derive equal accounts of distributive justice and theories that argue the basis of just desserts is unequally distributed on the basis of, for instance, hard work, and therefore derive accounts of distributive justice by which some should have more than others.
According to most theories of justice, it is overwhelmingly important. For instance these theories claim that justice is the first virtue of social institutions, as truth is of systems of thought. Justice can be thought of as distinct from and more fundamental than benevolence, charity, mercy, generosity and compassion. The justice has traditionally been associated with concepts of fate, reincarnation or heavenly fate, i.e. with a life in accordance with the cosmic plan. The association of justice with fairness has thus been historically and culturally rare and is perhaps chiefly a modern innovation.
In contrast to the understandings canvassed so far, justice may be understood as a human creation, rather than a discovery of harmony, divine command, or natural law. This claim can be understood in a number of ways, with a fundamental division between those who argue that justice is a creation of some humans, and those who argue that it is the creation of all humans.
In a world where people are interconnected but they disagree, institutions are required to instantiate ideals of justice. These institutions may be justified by their approximate instantiation of justice, or they may be deeply unjust when compared with ideal standards. Justice is an ideal which the world fails to live up to, sometimes despite good intentions, sometimes disastrously. The question of institutive justice raises issues of legitimacy, procedure, codification and interpretation, which are considered by legal experts and philosophy of law.
Another definition of justice is an independent investigation of truth. In a court room, lawyers and judge are supposed to be independently investigating the truth of an alleged crime by arguing the matter and considering the available evidence. This situation is more logical and near to the truth that everybody is in search of justice and seeking the solution of his/his problems. The state has the responsibility to deliver justice and create an atmosphere of equality and equity for all citizens. In the modern world, only society which can be survived or declared as a good civilised society or a welfare state by international organizations is one which has the fair system of justice for its citizens.
This can only be explored by creating the supremacy of law and high respect of humanity having the full moral support of the general public and its departments which are constitutionally liable to collect evidence through a well disciplined and trained staff. Whereas in Pakistan; the word justice is intact in its symbolic state of definition without following the pragmatic sequence even with the unjustified missing of the main ingredient of social justice. The people desire to get all comforts and facilities but they are reluctant to discharge their lawful and moral duty.
Similar situation had been dominating our courts as our judicial system was about to collapse and it'd become a great exhaustion for the citizens. No body was willing to appear as an independent witness before the court as the impression of sluggish and fatigue system was the main hindrance to reach the point of justice. All the stake holders of judicial system never bothered for this plight of justice. Now a new great judicial policy is in force and all courts particularly subordinate judiciary is bound to deliver justice in an expeditious manner. It will take sometime to produce good results as presently, we are facing an extreme shortage of judges at all levels i.e. civil judges, district judges, additional district judges and more inconveniently judges of Lahore High Court.
The High Court being highest court of the province have to shoulder more burden to decide appellant's cases of whole province as well as to decide the constitutional and corporate matters having more significance and urgency. But these days only twenty judges are working who, of course, are not able to complete the work of sixty judges; thus backlog of cases is being increased heavily and people are frustrated by scarcity of judges. Although, the honourable judges and lawyers sacrificed to work till sun down even then majority of cases were leftover and people have no choice except to return their home without attaining justice.
This situation may be unintentional on the part of its stake holders but due to the failure of the penetration of justice in the whole social system we are suffering without any justification. Apparently, in the given circumstances the judicial policy is not enforceable in the Lahore High Court until the new appointments of judges emerge on the judicial surface to wash away the inconvenience caused to the general public by creating a good image of an independent judiciary which has potential to provide easy and instant justice to the citizens of Pakistan who have been disappointed by the politicians since long.
The writer is an Advocate of the Supreme Court of Pakistan, Law Professor, Freelance Columnist, Member of International Bar Association, London and former Assistant Advocate General Punjab