Chief Justice Asif Saeed Khan Khosa on Saturday said there is no need for ‘judicial activism’ if the government institutions fulfill their mandated responsibilities.
“I am not in favour of judicial activism because when in any situation, the administration and the relevant institutions respond in an appropriate way, suo motu notices just negatively affect the proceedings and actions of the institutions,” the chief justice said while addressing a ceremony after chairing a meeting on police reforms. He said approaching the Supreme Court should be the final resort for the people to seek justice, stressing that the dispensation of justice must take place much earlier in the legal system.
The chief justice said he does not think it is appropriate for senior officials to present themselves time and again in front of the courts. “One should maintain the dignity of a police official or any other person who appears before the court,” he said. “My first task as chief justice was to protect the dignity of those who seek justice from the courts,” he said.
The chief justice said if the Supreme Court starts interfering in the matters of the government from day one, it creates difficulties. He said that for justice to be dispensed to the masses expeditiously, it is necessary for police to conduct their investigations efficiently. He praised the courts for wrapping up cases and providing people with ‘swift justice’ in a short span of time. “Model courts wrapped up 24,000 cases related to drugs,” he said. “Magistrates announced decisions in 27,469 cases,” he added.
Chief Justice Khosa said concrete steps have been taken to counter false testimonies. He said the investigating officer will also be treated like a suspect in a case of false testimony. “From now on, the investigation officer will be held responsible for his investigation,” he said. “It’s not possible that the investigation officer does not know the truth,” he remarked.
The chief justice stated that message also be conveyed to those witnesses who are involved in giving false evidence in courts that innocent person cannot be put behind the bar on the basis of their false evidence and they will face the consequences of their illegal activity and courts will never tolerate such offence too. He said the conviction of the real culprits is an effective deterrence for reduction of the crime rate and it will create peace in the society on one hand whereas on the other hand the criminals will be discouraged and the crime rate will reduce. He said according to spirit of the constitution, no innocent person be arrested so that the freedom of liberty as enshrined in the constitution can never be abridged.
The chief justice urged the judges and the courts to do their part as well in ensuring that cases of perjury are identified. He said it is not the job of the investigation officer to prove everything that the complainant says.
The chief justice appreciated the efforts of members of the police reforms committee for their dedication to make the process of police reforms successful and confidence building of the general public over the police department. He said through these efforts, the police will become more accountable, responsive and public friendly. He appreciated the committee for making the mechanism for enhancing the effectiveness of criminal justice system and reduction of the unnecessary burden of thousands of cases on judiciary. “Besides, the general public remains a beneficiary of these complaint cells as relief has been extended to them without additional monetary burden which is their fundamental right enshrined in the constitution of Pakistan,” he said.
