This little story appeared in Dawn that I think tells all what is wrong with the system. The following is true of not just the lower courts and it is an open admission — though probably not intended as such – of how things really work. And it is this that allows ALL other kinds of corruption to flourish in every walk of life: Dictators get legal cover for his usurping the power, land mafia gets legal cover for their grabs, bureaucrats use it for more power to do more corruption, unsuitable people can not be removed from position they illegally occupy because the courts would give them a stay, police can go on with their gangster activities because no judge will touch them, brother can steal brother’s property because he has stronger ties with law enforcement (or can buy a bigger lawyer — thus bigger judge), etc., etc., etc.
Intimidated lower court judges break silence
KASUR, April 2: Injustice anywhere is injustice everywhere, but if it is committed by those who are supposed to fight against it then nothing worse could be expected in a ‘civilized’ society.
To the surprise of many, the relations between lawyers and judges have turned sour after their long and combined struggle for the rule of law and independence of the judiciary.
However, in lawyers’ recent standoff with judges, the worst-affected are district courts’ litigants. At least 90 per cent of them file their cases in lower courts to seek justice as most of them can’t afford to move higher courts.
Since emerging victorious in their fight for restoration of the judiciary, a majority of lawyers, in a bid to get desired verdicts from courts, reportedly started blackmailing and pressurising the judges.
[I say this has always been true and it is not just lawyers who have been at fault. Most of the judges of old have been known to decide in favor of the bigger purse, evidence be damned]
A district court judge, requesting anonymity, said mostly lawyers having political backgrounds try to use their official position and some of them even sent ‘chits’ to judges to get verdict of their choice in weak cases – where evidence is against the accused.
[and vice versa]
Lawyers, in such cases, demand heavy fees from the accused, mostly criminals, for getting a favourable verdict.
[And they also demand that huge fee because in a lot of cases they have to pay the judge his price, nicely illustrated by the BoP Case and Dogar Court and our Law Minister babar Awan, Aitzaz, Wasim Sajjad, Latif Khosa, Sharifuddin Pirzada, etc. In fact if you look at the careers of the star lawyers, you will find that their "wins" are NOT based on the strength of their arguments but on what they were able to offer the judges in cold hard cash]
The judge alleged that lawyers arrived in a court in a group of 30 to 50 to pressurise the court and get verdict to their liking.
Another judge, seeking anonymity, said mostly corrupt and inefficient judges become the target of such lawyers as they knew their (judges’) weak points and exploited the situation. He said similar tactics were employed against female judges.
[Now here this judge is not being completely honest. It is equally true it is the judges who demand to be paid to rule/not rule on a case. Why do you think cases last 20, 30 years? Because they milk it and the corrupt client is happy to pay as hecan stay out of jail and continue with the corruption and even become President some day. Honest! ]
He said lawyers usually spent a huge amount during bar elections and then earned dividend by using such tactics and charging their clients heavily.
[Yes the lawyers do have this racket going as well]
If a judge refuses to bow to such pressure, the lawyers resort to misbehaviour with him or her and start submitting applications against them to the competent authority.
[But these judges have either put themselves in that position by their previous acts or the 'competent authority' -- other judges -- let this intimidation work]
In most of the cases, to avoid an ugly situation or for fear of being exposed, the lawyers were obliged, he added.
“It is a common practice among such lawyers that they express their desire to a judge in his retiring room where lawyers are free to use every tactic. If a judge refuses to oblige lawyers he has to pay through the nose, at least his transfer is imminent,” he said.
[Again, the reverse is true as well: If the lawyer doesn't pay through the nose, he can forget about the case no matter what the evidence]
Another senior judge, now transferred from the Kasur district, alleged that the use of abusive language and ransacking of courtrooms by lawyers was a common practice.
He regretted that some of their (judges) high-ups were patronising the lawyers and judges were mostly transferred on lawyers’ complaint.
[And this is what I was talking about above: It is other lawyers and judges that make this possible]
He said the atmosphere in courts was better in the past when licenses of lawyers were issued by the Lahore High Court. Now bars were issuing licenses to bag more votes, he added.
[I was unaware of this but not surprised. So basically the balance has tilted towards the lawyers and that is why judges are screaming. They did not mind being pharoahs themselves. It also shows why no lawyer is suspended -- I mean permanently -- as they twoo always support their 'bradari' no matter how corrupt. I have often complained to the lawyers why black sheep like Awan, Pirzada, Khosa, etc. (and wolf-in-sheeps-clothing Aitzaz, Wasim Sajjad, S M Zafar, etc.)continue to be openly claimed 'brethern' by the very best and supposedly honest lawyers? No surprise I never got an answer]
Additional District and Sessions Judge Sher Abbas Awan had submitted a complaint to D&SJ Javid Rasheed Mahboobi when a group of lawyers tried to pressurise him in the court to seek favour in a weak case.
In a lawyer’s personal case, the rival party fails to get the professional services of any other lawyer.
[Like I was saying: They protect their own no matter how corrupt he is]
A few months back, a lawyer in his personal case appeared in a court along with some 40 colleagues and tried to harass the judge. Nevertheless, the D&SJ got in black and white from the lawyer that he would not come to the court with more than three colleagues.
[Proof lawyers are a criminal gang that uses intimidation]
The Lahore High Court chief justice provided a state council on a written application of the D&SJ, but the lawyer later left the case on the plea that he could not face the ‘moral pressure’ of his colleagues.
[See? 'Protect 'Baradari' at any cost!]
From Jan 2009 to July 2009, three judges Allah Bux Ranjha, Abdul Waheed Khan and Kazim Raza Shamsi were transferred.
The latter two judges were transferred when they rejected lawyers’ pleas to take action against some Lesco and police officials. Incumbent D&SJ Javid Rasheed Mahboobi, who took charge in July 2009, is also under the cloud these days as he discouraged the ‘chit system’ and banned the lawyers’ entry in judges’ retiring rooms.
[Lawyers = Lawless Gang; I am certain in the 'case' against Lesco and Police, it was the lawyers who were at fault. Also remember the recent case in Lahore where a lawyer tortured his teenage maid servant to death. All lawyers were out to intimidate the courts in support of this bastard brother of theirs]
He also launched courses for young lawyers and appointed some of them as state commission so that they could earn their livelihood in an honorable way.
[Honorable livelihood? How dare he think of such a thing!]
DBA president Abdul Rehman Tabbasum, in an in-house meeting on March 25, had demanded the transfer of the D&SJ for his “involvement in corruption and misbehavior with lawyers”.
However, a group of lawyers led by DBA secretary general Tanvir Asghar Chaudhry opposed the president’s stance and decided to appear in D&SJ’s court.
[Wow! These lawyers are certainly an exception so kudos to them]