The tenure of Justice Jawwad S Khawaja, who served for 24 days as the 23rd chief justice of Pakistan may have been short, but he has left a distinct mark on the highest legal office in the land. Indeed, Justice Khawaja’s career is gilded with his reputation as a man of principle – one unwilling to step away from them even when the stakes are high. Appointed as a judge of the Lahore High Court in 1999, Justice Khawaja, a graduate of some of the country’s most prestigious institutions, was among the judges who resigned from office in 2007 to protest the ‘dismissal’ of the senior judiciary by the then president Pervez Musharraf. Restored as a judge in 2009 after spending time as an academician.
At the ceremony of Khawaja’s departure, Justice Khawaja, who served a brief 24-day tenure as chief justice of the country, stated that there was once a time that strikes by lawyers were unheard of, but have now become the norm. Perhaps, the most important issue raised by the outgoing chief justice was that of the method of investigation and inquiry into cases. He suggested that this process took too long and proposed a change in the system under which an inquisitorial method could be adopted allowing courts to themselves play a part in the investigation of cases. Given the problem we currently face within our justice system, this is a suggestion that perhaps needs to be discussed in more detail and possibly considered for adoption at some level. Certainly, there is a desperate need to speed up the delivery of justice to people but without compromising the right to a fair and transparent trial for all accused of crime. Traditionally, ‘the speedy justice’ courts set up under various names through the decades have ignored this critical need. Without openness and transparency, justice cannot be achieved. Justice Khawaja’s suggestion should be given consideration in order to find a way around this problem.
pk.shafaqna.com
