LEGAL
Chief Justice Qazi Faiz Isa Criticizes Delay in Supreme Court Judgments, Emphasizes Need for Swift Justice
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Chief Justice of Pakistan Qazi Faiz Isa has issued a pointed additional note on a recent Supreme Court judgment concerning the Federal Excise Act, 2005, emphasizing the need for timely decisions within the highest court of the country.
In his note, Chief Justice Isa expressed regret over the delay in delivering the judgment after the case was heard. The matter, which was sent to Justice Athar Minullah for drafting the decision in December 2023, took a significant 223 days to finalize. Justice Minullah forwarded the decision on July 18, and Chief Justice Isa recorded his note the following day.
Chief Justice Isa underscored the importance of the Supreme Court adhering to its own directives regarding promptness in delivering judgments. He highlighted that delays in justice not only undermine the court’s credibility but also contravene the constitutional mandate for speedy justice.
In his note, Chief Justice Isa emphasized the following points:
1. Principle of Quick Judgment:
- The Chief Justice criticized the delay, noting that it is essential for the Supreme Court to lead by example and apply the principle of quick justice to itself, mirroring the expectations set for lower courts.
2. Accountability and Duty:
- He remarked that not promptly reminding fellow judges of the need to deliver a decision constitutes neglect of duty. The Chief Justice stressed that judges must balance careful deliberation with the need for timely judgments.
3. Constitutional Mandates:
- Reflecting on the constitutional requirement for speedy justice, Chief Justice Isa reiterated that delays in justice amount to injustice. He underscored that judges are accountable for their decisions and must strive to resolve cases efficiently.
4. Independence of High Courts:
- The Chief Justice also noted that under Article 201 of the Constitution, decisions of one High Court are not binding on another, highlighting the independence of provincial High Courts within Pakistan’s federal structure.
Chief Justice Isa's additional note reflects ongoing concerns about the efficiency and effectiveness of the judicial system, stressing the importance of adhering to the principles of swift and fair justice.