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+--- Thread: FREE COURTS (/showthread.php?tid=5171)
FREE COURTS - javed - 08-09-2008
Addressing the Multan Bar on 25 July, My Lordship Mr. Justice Iftikhar Muhammad Choudhary desired that free courts would be established for free delivery of justice to the common man. Theoretically the idea is nice but in our present day given conditions more particularly seeing if our rulers had ever been or really are in letter and spirit interested in any âeasy open access to the true natural justiceâ let alone free of cost justice, one can not hope of it even in a day dream.
General Zia provided really free justice in the shape of Ombudsman system in Pakistan but soon both the rulers and the authorities realizing what a mistake they made allowing such a system started turning the system in the words of very honest failed politician Air Asghar Khan into "an army (ombudsman offices) which either have nothing or very little to do". Justice Sardar Mohammad Iqbal as first Federal Ombudsman, according to daily DAWN so far unmatched for, and Mr. S.M. Muneer as the first Sindh Ombudsman despite teething problems did a marvelous job and provided in letter and spirit maximum possible âeasy, almost free and true justiceâ. After their departure, in the words of an ex-Director General of Wafaqi Mohtasib Secretariat âsoon the officials sitting in the Ombudsman Offices changed their sympathies from the suffering common man to their counterpart brethren bureaucracyâ. Later this very effective system on which once, and perhaps still is, the nation was spending annually even more than supreme court budget in the words of a headline in a newspaper âBureaucracy Againâ became a heaven for mostly the retired bureaucracy. The Ombudsman offices were turned into a dumping ground for favourite retired bureaucrats and these offices instead of arriving at justice started just delivering decisions to arrive at figure work to show annually as their performance. The system particularly after 1995 strengthened the bureaucracy while the earlier ombudsmen to a good extent âfirst put themselves in the shoes of the complainants to know the real depth of painâ. New and new Ombudsman offices were established mostly to create jobs for some.
However one must admit these offices produce annually beautiful and wonderful voluminous Annual Reports which whenever I have a headache or depression find the best remedy reading âstories of justiceâ which cause big laughter and I reduce my tension.
Once I approached the Sindh Ombudsman Office to have/buy a copy of annual report. At the main gate at the very first step the office which the nation created to check unlawful acts of bureaucracy itself unlawfully asked me to âsurrenderâ my original National Identity Card at the gate for collection on my going out. One's NIC as per advice to the public by the Law Commission is only for "producing" for identity and "giving" it to anyone is illegal. However as a common man having as usual no alternate I had to comply this illegal instruction of the Sindh Ombudsman Office. Inside the office the concerned lower staff asked me a long series of questions namely who I am, from where I have come, from which company or department, why I need annual report including have I brought my request on a "letter head" etc. However on my request I was then taken to their Director a true specimen of a retired bureaucrat, a totally lethargic person, enjoying extension due to political backing. He asked me the same questions. When I told him that I had no letter head nor I came from any company/department and that I wish to read the report just for my general reading purpose, he advised me to bring a "Durhuwaast" which will be put up to the Ombudsman which if approved by the Ombudsman then I will be informed. The very next day I wrote all this to the Sindh Ombudsman through courier enquiring as to why I should give a " Durhuwaast" as the annual report of ombudsman was neither a restricted nor a classified item. It was a public property published on public expense and anyone interested could just without a " Durhuwaast" buy it paying the prescribed cost. The Sindh Ombudsman as usual did not feel fit to give any response to this foolish man. However Mr. Justice Mohammad Faqir Khokhar who was then the Secretary Law on copy of my above letter to the Ombudsman in his own hand remarked "Thank you â I really enjoyed and smiled reading your views about annual report".
The performance of the whole ombudsman system really gives sometime shame at leas to me. Sometime I wonder does anyone there really knows the meaning of justice. They are mostly enjoying âserviceâ. A lot is being wasted in providing modern i-tech to the ombudsman system without assessing first does anywhere in ombudsman offices really one knows how to deal with the i-tech. For example website of Access to Justice Programme gives a "good" news to the public that Sindh Ombudsman website is under constructed which will facilitate the public to have easy access with the Sindh Ombudsman Secretariat. It is just a joke as is making Karachi or Pakistan another Hong Kong in a year. The Sindh Ombudsman have been provided two email contacts. For the last more than a year every month or fortnight I am addressing the Sindh Ombudsman to know the progress of one complaint filed two years back. From one email address all emails invariably are coming back undelivered and from the second email address on which emails are properly been delivered not a single response during all this period has come. It is not the technology but the person sitting which matters.
The ombudsmen take notice of wrongs of other departments. Before disclosing the details I enquired from one Ombudsman if an officer gives to the public his wrong contact address resulting non delivery of public communications does this act falls under the definition of act of mal administration. I was advised yes I can file a formal complaint. I then formal complaint that the contact details on the official letter head of the concerned ombudsman was wrong and prayed that the whole loss to the Department be recovered from the salary of official who approved printing of the official letter head. As there exists no bad habit of "home accountability" the Federal ombudsman did not process it as a formal complaint from the public but just in a line I was informed that it was an error and inconvenience caused to me is regretted.
At a huge cost the website has been provided to the Banking Mohtasib. Of course there must be a webmaster and some other i-t staff on big salaries to maintain it. But in this age of speedy communication no complaint with the Banking Mohtasib can be filed through his website/email contact. Then what for the website and contact email has been provided"? To see "photographs!"
Except for providing justice to a few dozens individuals annually the system is doing nothing except providing for jobs to an army. These offices themselves, like politicians are except from provisions of law. For example 20 years back the Pakistan Post Office on a huge expense created a Nationwide Postal Code System. It advised public to follow this system. On huge expense through print and electronic media the Post Office Department appealed the public in the name of national efficiency to follow postal codes. Hardly one or two Government Departments acted on it while the conscientious citizens like me as usual obeyed the system. After a few years I took up the matter that 90% Government Departments were not following it up including that of Federal Ombudsman. An official warning to all Government Departments (perhaps through Cabinet Division) was circulated to strictly follow the postal codes. A Director from the Federal Ombudsman particularly confirmed me separately that her office will now also follow this. It is 15 years the Federal Ombudsman Office which directed others to follow the postal code till today itself has not adopted it because rules are for others only.
Last years seeing how real public interest matters for the first time were being taken up by the Chief Justice of Pakistan, I formally addressed My Lordship Mr. Justice Iftikhar Muhammad Choudhary that the whole ombudsman system be shelved as in comparison to the money spent these offices were producing in return hardly peanuts. The ombudsman system was not established to deliver individual justice to some but to âinvestigate, diagnose and put the derailed system back on right trackâ which it totally failed. The ombudsman system has not left any remotest general standing impact on the society. I prayed My Lordship that thus this huge money be transferred to the Public Interest Litigation section of the Supreme Court of Pakistan for those matters which relate and concern the community at large. In my said appeal the His Lordship I quoted two three examples with a request that if he was kind in taking my appeal formally I will quote 2-3 examples/specimen cases from each ombudsman office for him to see what was the standard of justice prevailing in the whole department. It is my firm belief that under My Lordship Mr. Justice Iftikhar Muhammad Choudhary and his dedicated public spirited colleagues this money can produce much better results for the community in large on handling issues eg., steel mills, national bank of Pakistan president awarding himself about Rs. 3 crore, Free Umrahs, electricity meters are installed outside homes hence on mal functioning burning out in rain why should the consumer be responsible which matters as a matter of fact our todayâs ombudsmen will not entertain. I am confident ALLAH will Inshallah one day bring back Mr. Justice Iftikhar Muhammad Choudhary back and my petition lying somewhere unattended will be heard of. For me Iftikhar Muhammad Choudhary is not now a personal name of a person but a concept. See the interview of Muno Bhail sayomg no politician, no leader, no authority ever listened him except for Mr. Justice Iftikhar Muhammad Choudhary and Muno Bhail as per interview believes on the sky is GOD who can delivery him justice and on earth only Justice Iftikhar Muhammad Chaudhary.
- nakaiun - 08-10-2008
mr iftikar choudary is the only hope but he is only not enough to change the whole corrupt system of judiciary the whole country is fail there is no institutions
- javed - 08-13-2008
How told you Mr. Justice Iftikhar Mohammad can do all this. He and in fact no single hand can change the system. Justice Iftikhar Mohammad is not a name, a concept which if let continue the things would definitely start changing. If one sees honestly and judicisiouly it if Justice Iftikhar Mohammad Choudhary due to whose "a minute act" created all changes from 9 March 2007 that today Zardi Nawaz are here in Pakistan. Benazir was after every 6 months yelling she is coming, she is coming but she was never to come. Justice Iftikhar's a minute courage provided all these changes whatsoever including today's impeachment. I still repeat that Mr. Justice Iftikhar as a person is not our hope, as persome now if he came back would not be able to do anyting - if returned soon within a month or two we will see we ourselves crying over him but his come would be a defeat to the present system and such a defeat so far has not been seen. If the public interest ligitation and suo moto actions he started continued then we can see a better in all fields - with or without Iftikhar Choudhary. But no Iftikhar Mohammad Choudhary or any system if you say can succeed unless we the citizens ourselves change and instead remaining silent keep struggling invdividually for our civic rights - not rights for votes or political rights but rights for cleaning of our gutters, timely delivery of gas bills, early resotration of phone, no non sense deductions from your cheques etc and we can all do these without any problems. Try it.