EDITORIAL : THE DAILY DAWN, PAKISTAN

Judicial reform

THE National Judicial (Policymaking) Committee`s directions to the country`s courts to decide cases instituted after Jan 1, 2009 by March 31, 2012 should be welcomed. Pakistan`s judicial system is notoriously sluggish, and this directive, coming from a body headed by the chief justice himself, should provide impetus to the country`s legal system to deliver justice within a reasonable time frame. For while suo motu action and judicial activism may have benefits, the actual business of the courts — dispensing justice in a timely manner — must take precedence over all other matters. As reported in this paper, the committee feels that as far as the disposal of cases is concerned, the National Judicial Policy 2009 has been a success. While this may be true to an extent, the stakeholders need to address the `root causes` behind the decay of the judicial system while reform must be a continuous process.

Cases have been known to drag on for decades in this country while there is a massive backlog in the district judiciary; one figure suggests there are over a million cases pending in the lower courts. People have also languished in jail for years as their trials are endlessly prolonged. So while 2009`s judicial policy may have delivered results, much more remains to be done. Among the reasons cited for delays in the resolution of cases is corruption within the lower judiciary, as well as frivolous filings. Yet legal experts point out there is also a major shortage of qualified judges in Pakistan. This shortage needs to be addressed as currently, judges are severely overburdened. If this flaw is not removed, parallel `justice-dispensing` mechanisms will continue to proliferate. Looking at the issue holistically, the country`s judicial infrastructure must be revamped so that justice is accessible. Of course, this is not an overnight process. Steps have been taken in the right direction; now it is a matter of staying on course and dealing with issues pragmatically.

However, as many observers point out, though justice must be swift it must certainly not be hurried. Some say there has been too much attention on the disposal of cases in a `speedy` manner; care must be taken so that decisions are not made in haste just to meet certain targets. Actual justice needs to be seen to be done. While political cases are important, those disputes that affect citizens directly — over property, inheritance, petty crimes etc. — need to be dispensed with within a reasonable time frame and must not be allowed to fester. As one legal expert put it, the dispensation of justice must be a national priority.

Electricity conservation

THERE can be little argument that the country will witness electricity shortfalls in the months to come. The government, it seems, already has a plan under way to combat this. A senior government official told this newspaper on Sunday that the water and power ministry has forwarded a summary to the prime minister proposing a return to the two-day weekend and advancing Pakistan Standard Time by an hour. The measures are targeted at conserving electricity in primarily the commercial and business spheres. Dawn

However, there is a need for clarity and consensus on the issue. First, resetting the clock and mandating two weekly holidays has been tried before, by this and the previous government. Has any real effort been made to quantify the gains netted in terms of power conservation? The official told that the additional day off per week is expected to save about 300MW and lead to fuel savings in transportation. Altering PST is expected to save another 400-500MW per day. What are these estimates based on? The government needs to share the information so that the public can gauge the significance of the savings. Second, the government must review its capacity to implement the laws and practices that allow savings in electricity through such means. The theory is that retail and commercial outfits will cease activity by sundown — which would have been advanced by an hour — thus saving the energy that would have been used after nightfall. However, this depends entirely on the government`s ability to ensure that such activities do indeed cease at sundown. If, due to poor implementation of the law, businesses extend their hours of operation, the electricity conserved will be minimal. Third, there is a need to balance the gains against any losses that may be suffered by the business community, and indeed all workplaces, by having in place a five-day week. What is needed is a general agreement that there are more pros than cons in the proposed measures. If the government wants to go ahead with these proposals, it must provide concrete data to earn the support of the citizenry.

Why now?

WITH the federal cabinet`s approval on Monday for the review of the Bhutto murder case and the prime minister`s institution of a committee under the law minister to begin proceedings, the past has once again come to haunt the country. The fact remains that while the PPP`s wish to reopen a controversial case that saw the execution of its founder Zulfiqar Ali Bhutto is very understandable, this is perhaps not the right time to do so — given the myriad challenges Pakistan faces on multiple fronts. In fact, few would disagree with the PPP that the country`s first elected prime minister was tried in controversial circumstances and that the verdict pronounced led to nothing short of the `judicial murder` the party claims it was. The term was, in fact, used in this context by Dorab Patel, one of Pakistan`s most eminent jurists.

The Supreme Court bench that heard the final appeal was short of two judges. In the seven-man bench, three judges acquitted Bhutto. Yet, in spite of the split decision, the military junta executed him, violating the pledges it had given to a number of foreign governments that it would not kill a man who, despite his many faults, was considered to be Pakistan`s most popular leader and credited with giving a voice to the downtrodden. A retrial, especially at a time when executive-judicial ties are under great strain, will merely add to the wounds of a nation already traumatised by terror. The way this government has bungled the Benazir Bhutto case should also make the PPP think twice. The best tribute the party can pay to its founder is to uphold his principles and follow his egalitarian philosophy in the formulation and implementation of its policies. ZAB should be allowed to rest in peace.