Modernize the Judicial System
By Akhtar Ali Kureshi
Since the restoration of Chief Justice of Pakistan and other deposed judges many positive steps have already been taken and visible improvement in the confidence building of general public reflects that we are moving in the right direction. The results of Judicial Policy are emerging on the surface enlarging the hope of justice. Suo Moto actions are being taken frequently and appointment of judges in High Courts have taken placed accelerating the work to finish the backlog in the superior judiciary. This is the routine development of our judicial system should continue to maintain a good environment in the courts but our present judicial system which earlier failed to deliver justice needs to change its entire complexion while injecting drastic and revolutionary changes.
Moving in the cyber space and living in the twentieth century may be an anomalous approach showing a bleak vision and following a less facilitated manual system, does not have the capacity to meet the glowing requirement of the litigants. It is commonly observed by every person that manual system has miserably failed to deliver, leaving us with no other option except to catch the computerization of entire judicial system, creating a web portal to arrange case proceeding on the web. Similarly all other judicial records, orders, judgments, circular, notification, communication, query, information, result, recherché, advertisement, tender, transfer, posting should have been placed on the web, enabling the litigants, lawyers and general public to see the order/judgment etc. while sitting at home or in the office.
Web orientation has already been started in Supreme Court of Pakistan and High Courts but only limited information of introduction type has placed on the web. It reveals that we have developed the basic system of web and internet and need to cover the whole judicial system which may be done or completed through a simple administrative order. Earlier a huge project of Access to Justice programme funded by Asian Development Bank was launched but failed to achieve its required result as earlier we were lacking spirit, sincerity and leadership which is now abundantly available in the shape of Chief Justice of Pakistan.
It is proved that rapid deterioration of good values and lawlessness in the society is just because of the failure of judicial system which is also a key reason of collapsing of other departments and system, meaning thereby if judicial system improve all other system including the system of merits shall automatically be stand on its own foots. In other words, we may say that the judicial system is the mother of all other system who has the potential to maintain a good atmosphere to improve the quality of life and make us more civilized and gentle.
A democratic country can't be run without having an independent and efficient judiciary rather judiciary having modern technology to meet the challenge of fast life. So we have democracy and independent judiciary but seeking an efficient judicial system arm with latest technology as mentioned above web based judicial system to put the Pakistan back on the track of prosperity and well being of its citizens who already suffered a lot.
It is true that many dictators have enjoyed a comfortable time while ruling the Pakistan by taking undue benefits of our weak judiciary but this is first ever in the history of Pakistan when the Chief Justice Iftikhar Muhammad Choudhary refused to obey an illegal order of the dictator and change the history by making a new milestone. This turning point has potential to change the system which is taking place.
It goes without saying that IT has changed the parameter of every field rather it flooded the new dynamics of modern world and many Governmental departments have availed its benefits which are remarkable like Nadra, Banks, Universities, Excise department and many more leaving behind the judiciary. Now its time for judiciary to take off and set new example of instant, cheap, transparent and fair justice for every body and everywhere. A comfortable and impressive justice which provide the maximum facility and peace of mind to the litigants. The litigants have no need to come in the court room on each and every date and latest information of his case should be available on the internet which he/she can easily be retrieved from their houses even on the mobile phone or may be seen from outside the country.
This ideal situation is the real destiny of justice we are seeking and our judicial system ensure the easy excess to every body without any fear and favor making it more simple and charming to attract the foreigner, investor, tourist and sportsman to visit Pakistan and enjoy their stay in Pakistan. All these open secrets are hidden in the modern judiciary which we have to develop to gain the benefits what we deserve. Now its depend upon us how quickly we modernize our judiciary to spread the color of justice in our society.
The writer is an Advocate of Supreme Court of Pakistan, Clinical Professor of Law, Free Lance Columnist, Member of International Bar Association, London and Former Assistant Advocate General Punjab.