Where Is Justice in Lower Judiciary
Ashraf Asmi
Advocate High Court
Pakistani
Society was created in the name of peace & prosperity. The Whole Muslims of
India
were behind in this movement. Even the minorities, those are now living in Pakistan also contributed in the struggle of Pakistan.
The founder of Pakistan
was not a lay man, he was a noble Lawyer. He always supported the rule of law.
When Pakistan
was created, it was decided that there will be rule of law in the society. Muhammad
Jinah was a true nationalist; He dedicated his whole life for the creation of a
separate homeland. The objectivity of the creation of Pakistan was not fulfilled. Every
nation has some liabilities; to discharge of the liability is not a duty of a
person and a group person. The whole nation could not play its role. It is not the failure of the nation only but
fact is that the nation has been hijacked by few lords. So the decision of the
destiny was only by a group of Lords. It is clear cut fact that Pakistani
nation could not become owner of its own fate.
So there has been started the game of power. Even the political leaders
were not genuine; they became leaders only because of money and their undue
pressure on the people of rural areas. So after the death of the great Pakistani
founder Muhammad Ali Jinnah, from the day one, Govt formed by the Pakistani establishment
was not democratic, now the condition is that, there is no political and social
stability. People of all walks of life are disturbed; even there is no justice
in any field of society. Now come to our main point why is not justice in lower
judiciary? Our judicial system is formed just like a office system, every one
has access to officials of lower judiciary, there is no secret supervision of the officials, the result
is that is the office where records of the court is kept, there are large
number of private employs, they just work for the photo copies of the file. If
any one goes to check, the photo state machines near the court have large
number of court files, mean there is no secrecy involve in this matter. The
court officials like readers, stenos, peons, Almads are snatching the money
from the ill-fate people; those are already in trouble because of cases. The
notices are issued by the courts are not duly executed as they court person
gets money from the person who was summoned by the court , so the case remain
pending for adjudication for a long time. A civil /additional session judge can
not even look after court officials of his court those are just four or five.
The result is that the courts officials are even involve in the activities
where they create problem for the poor male /females, those come for their
case, and they demand heavy money in the name of judges. Even common person
presumes that there are acute level hardships to get justice from the lower
judiciary. So it is alarming that chief justice of High courts is not paying
attention to change the environment of the courts but they just are completing
their tenure of job. There are case those are pending for adjudication for the
last thirty years, especially the case relevant to the property has a long
history, so any grabber of land cant snatch of any person , then there will
be no justice for the aggrieved party. This is the reason
because our nation is not doing progress because no body has justice.
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