The SC disposed of 187,754 HR cases under CJ | Pakistan Press Foundation (PPF)

Pakistan Press Foundation

The SC disposed of 187,754 HR cases under CJ

Pakistan Press Foundation

ISLAMABAD: Giving an exceptional performance, the Supreme Court of Pakistan under Chief Justice Iftikhar Muhammad Chaudhry decided 187,754 out of a total of 232,265 human rights cases, an astounding 80 percent.

These cases were in addition to 114 suo moto notices disposed of relating to problems and difficulties faced by the common people during his historic tenure as the head of the country’s judiciary.

According to the official record of Supreme Court, the CJ took 118 suo moto notices after his restoration in March 2009. Some 41 suo moto cases were pending in March 2009. From March 2009 till October 31, 2013, a total of 114 suo moto cases were decided. At present, 44 suo moto notice cases are pending.

The trust of deprived and less-privileged people of Pakistan on person of Chief Justice Iftikhar Muhammad Chaudhry can be well-judged from the following data showing an increase in institution of human rights cases/applications during his tenure and decrease in institution of these cases when he was unconstitutionally stopped from functioning as the Chief Justice and when Justice Dogar was heading an illegal court:

In 2005, 453 human rights applications were filed. In 2006, 8,806 cases, in 2007, 21,550 cases, in 2008 only 26 cases (Dogar Court era), in 2009, 72,404 cases, in 2010, 63,262 cases, in 2011, 49,652 cases and so on.

The Supreme Court of Pakistan, under Chief Justice Iftikhar Muhammad Chaudhry, not only entertained direct applications from poor sufferers and victims from across the country through its HR wing, it also took suo moto cognizance of many matters of public grievances and relief was provided in thousands of cases pertaining to the less-privileged classes during the last few years. This very fact has angered powerful, privileged and elite classes of the society and a small but influential segment in the lawyers’ community.

The Supreme Court not only addressed the grievances of common people but disposal of normal cases was never affected and continued at a comparatively better pace.This great work of apex court was never properly highlighted in the media and the whole attention remained focused on cases of political nature.

Any common citizen could have sent an application to the Supreme Court in the name of Chief Justice at the address of his residence or at his official address of the Supreme Court complaining about his ordeal or any untoward situation faced by him at the hands of government departments or the powerful and mighty corrupt elite.

The HR cell of the Supreme Court used to receive these applications and asked relevant departments for comments. When such departments involved in any wrongdoing used to receive a letter from the Supreme Court, in most of the cases, the issue was resolved at that stage.

In case of a wrong complaint, the department used to give its viewpoint and cases were dealt properly then. For understanding of readers, one example of such applications and action on them is given below. This is an “order” passed on one such application of poor residents of a village. It also completely elaborates the mechanism adopted to entertain such applications and relief given to ordinary people while the media never reported such a big achievement;On May 14, 2011 the SC disposed of a human rights case and the following order was passed:

“The Hon’ble Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry took notice on an application of residents of Darbar Roshan Shah & Ratta Bhar Chak No. 175, Tehsil & District Jhang stating therein that the schools in their village are under illegal occupation of some influential persons and further they find it inconvenient to admit their children in private schools as they are unable to pay huge fee. Therefore, they requested the Hon’ble Chief Justice of Pakistan for justice.

“The action was taken and the application was forwarded to DCO Jhang for disposal and report, who submitted in his report that “on the application, the District Officer (R), Jhang reported that land belonging to the Education Department measuring 28 kanals & 07 marlas situated in Chak No. 175/JB, District Jhang is under illicit cultivation of Wajid Ali Khan and he has sown wheat crop on it.

“Similarly land comprising Khasra No.66 Kila No.20 min, measuring 03 kanals 189 marlas, remained under illicit cultivation of Ghulam Muhammad. He sew mustard crop on it and reaped the same without paying anything to the government. After taking into custody the crops have been handed over on ‘superdari’ by the Revenue Department and a criminal case has been got registered vide FIR No 139 dated 23.03.2011 u/s 440, 447, 34 at PS Mochiwala, Jhang against the above said illicit cultivators by the Education Department. It has been further reported that the both school buildings are lying vacant as the schools have been merged with the other schools due to less enrollment.

“After going through the report of DCO Jhang, the Hon’ble Chief Justice of Pakistan passed the order that “copy of application and report be sent to Chief Secretary Punjab to ensure that possession of land in occupation of unauthorized occupants is got vacated; the school buildings are properly protected; examine the feasibility of making these schools re-operational; and submit report within 15 days”.

“Complying with the orders of the CJP, the report was submitted that ‘the Govt. Primary School Darbar Roshan Shah and Govt. Girls Primary School Ratta Bhir were merged with other schools due to the reason that enrollment of these schools was very poor and these schools were situated within the radius of 0.5 to 1.0 kilometer. The buildings of the merged schools occupied by the illegal occupant have been got vacated. The vacant buildings of the said schools are being handed over to the Revenue Department through the DCO, Jhang so that the same could be utilized for any other purpose in the public interest. The District Education Officers concerned were directed to examine the feasibility of making these schools re-operational.

“Accordingly to the latest report dated 22.04.2011 the said schools are not feasible for making re-operational.“After perusal of the above report, the Hon’ble Chief Justice of Pakistan has been pleased to pass the order that “the application be filed”.Thousands of such applications were disposed of and relief was given to the children of the lesser god but the media’s attention mostly remained focused on other things.

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