Chief Justice Qazi Faez Isa has expressed serious concern over the delay in writing a judgment by his brother judge, Justice Athar Minallah.
Writing an additional note in a consolidated judgment authored by Justice Minallah on a set of appeals regarding the Excise Act 2005—which was heard by three judges led by CJP Isa, Justice Aminuddin Khan, and Justice Minallah—the top judge reminded his fellow judges about the importance of expeditious justice.
"If I, as the Chief Justice of Pakistan, do not remind my distinguished colleagues of the aforesaid matters and implore them to decide cases expeditiously, I will be shirking my responsibility," observed Chief Justice Isa.
In his note, CJP Isa noted that hearings in the case were concluded in December 2023, but the judgment, authored by Justice Minallah, was not issued until July 25, 2024, after a delay of more than six months.
"Law and good practice also requires that judgments be written soon after the hearing has concluded," said Chief Justice Isa.
"This case was heard on December 6, 2023, and on the same day, it was marked to Honourable Justice Athar Minallah for writing the judgment. The judgment took over six months to write, or precisely 223 days," the chief justice further revealed.
"His lordship (Justice Minallah sent the judgment to me (chief justice) on July 18, 2024, and the very next day, on July 19, 2024, I wrote my note thereon and signed it," the chief justice relayed.
CJP Isa further observed that Order XX, rule 1(2) of the Code of Civil Procedure, 1908, prescribes that judgments should be written within 30 days.
"It would be most regrettable if the Supreme Court tells other courts to decide cases within a particular time frame but does not do so itself," the chief justice held.
"Fairness and the fundamental right and equality principle embedded in Article 25(1) of the Constitution can not countenance this," the additional note added.
"Unlike other institutions and all those who are in the service of Pakistan, judges are accountable to themselves, therefore, they must be beyond reproach in their work ethic."
He stressed that the credibility of an institution, especially one on which a substantial sum is spent from the public exchequer and in which hundreds are employed, must not be allowed to be undermined.
"We must assiduously and diligently strive to decide cases," he said.
"Justice delayed, being tantamount to the denial of justice, is also a hollowed principle of policy stipulated in the Constitution which requires us to provide
'expeditious justice'."
It is pertinent to note here that Justice Minallah is currently out of the country during the summer vacations of the Supreme Court. Earlier in the week, he addressed the New York City Bar where, in response to a question about opening courts at midnight, he remarked that had the courts also opened on October 12, 1999, and earlier in 1983, it would have prevented martial laws.