Present Judicial system liable to be scraped: Hashmat Habib
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KARACHI: This is settled law for survival that without administration of Justice we cannot prosper.
Time has already run fast. The failed present judicial system needs the merit basis selection of Judges which is possible only through establishment of Pakistan Judicial service wherein every citizen if qualified can take part. Hashmat Habib President Tehreek-e-Tahaffuz-e-Adlia said the issue of civilian trial by military court is subjudice which can be resolved under the present system of constitution through Armed Forces Tribunal with the provision of appeal to be decided by 2 Judges of Superior Courts.
Senior lawyer said in the present judicial system of country many curative steps are provided under the statute and procedure but practically there is total negation of these rules which piled up the pendency of the cases in huge number right from sub-ordinate courts, High Courts and Supreme Court. As per principles of policy under Article 37 of Constitution State is bound to ensure inexpensive and expeditious Justice but the present Judicial system is big hurdle to make Pakistan democratic State based Islamic Principle of Social Justice and will never create an egalitarian society thus the present Judicial system is liable to be scraped. He said bare reading of Pakistan Army Act it is crystal clear that through military court promotion of social Justice and eradication of social evils Justice is ensured to inexpensive and expeditious Justice.
Hashmat Habib said in military courts the time for investigation summary evidence and trial plus domestic appeal are fixed, lawyers of choice of the accused in addition to legal officer is provided and thereafter other steps of mitigating steps are also provided including remission by commanding officer.