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Technology helps bring transparency to the justice system: SC judge

Asad Iqbal by Asad Iqbal
March 4, 2021
5 min read
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Technology helps bring transparency to the justice system: SC judge

Justice Syed Mansoor Ali Shah on Wednesday observed that science and technology should be welcomed as they hugely help improve and bring more transparency to the system of justice. — Dharti News/Files

ISLAMABAD: Justice Syed Mansoor Ali Shah on Wednesday observed that scientific research as well as modern technology should rate as they extremely assist enhance as well as bring even more transparency to the system of justice.

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” Numerous convictions obtained rescinded due to the DNA forensics as well as in Punjab keeping an eye on via electronic cameras improved the performance of area courts,” observed Justice Shah, among the members of a 10-judge High court bench.

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The observation came against the backdrop of an application moved by Justice Qazi Faez Isa prior to the Supreme Court, seeking online streaming of the court process which, according to the petitioner court, would certainly bring much more transparency and discipline in the court’s conduct.

Extra Attorney General Of The United States (AAG) Chaudhry Aamir Rehman informed the court that the federal government would certainly oppose the appeal for live telecast, yet might have responded had actually notifications been released to it.

The AAG asked for the court to enable Regulation Preacher Dr Farogh Naseem, that had earlier responded in behalf of the federal government, to say in his personal ability considering that he was also a participant in the case. However Justice Isa, while pointing out Guideline 29 of the High Court Rules, contended that the AAG ought to have asked for the court for notice as well as not urged. Besides, he stated, the federal government intentionally desired the decision on the review petitions not to conclude in time to keep the sword of Damocles hanging over his head.

AAG says government will oppose appeal for live newscast of court proceedings

Justice Isa wondered why the AAG was requesting for notices when he was present throughout the entire process of the principle hearing of the application he had filed versus the presidential recommendation. He also regretted that income of the AAG was paid by the unlucky and poor individuals of Pakistan and, therefore, he might not hold briefing for a private person.

Justice Manzoor Malik concerned the rescue of the AAG by stating that currently the last had enough and also must be spared because he was a good guy.

Justice Umar Ata Bandial, that was heading the bench, observed that the court would ponder over the application, stating that no question technology had actually brought development to the court procedures however this was something which had to be applied seriously.

Justice Muneeb Akhtar wondered whether it held true of Justice Isa that justice did not appear to be done previously because the court procedures were not newscast although that tv was readily available throughout the eras of 1960s and also 70s.

Justice Isa said that after that web and also cellphones were not offered.

Yet Justice Akhtar asked yourself how it pertained to the here and now situation and also asked if the petitioner court was requesting for live telecast or video web link which the court currently had.

Justice Isa asked yourself whether Justice Akhtar was asking a question as well as said the judge must not be determinative.

Justice Akhtar observed that Justice Isa was right here to assist the court.

However Justice Isa claimed he did not have any type of response. “Anything else?”

“Thanks significantly,” Justice Akhtar said, adding that he rejoiced for the solution. He likewise asked Justice Isa that he must not be argumentative and also listen to the inquiry put by the participant of the bench first. Justice Manzoor Malik stepped in as well as suggested to the petitioner court to proceed with the situation in his own way.

Once, Justice Malik suggested to Justice Isa to have a glass of water and after that attend to his demand that whatever he was mentioning at the rostrum could be quoted by legal representatives when he will certainly be resting at the bench as a court in some case. As a result, he ought to take care because he is not a counsel but a court. Justice Isa said thanks to Justice Malik and said he considered the last and Justice Asif Saeed Khosa as his instructors.

He after that described a situation relating to Brexit in the UK courts as well as said he discover a lot from it while being in his chambers in Islamabad considering that the whole situation was transmitted live.

Justice Isa contended that online streaming would boost articulation as well as court manners. “Will the use of innovation bring any type of injury?” Justice Isa wondered as well as described the 1979 judgement in the Zulfikar Ali Bhutto instance by calling it controversial and also reminding that a person of the participants of the bench, Dr Nasim Hasan Shah, who later become the principal justice of the Supreme Court, composed a book after his retired life and also even gave a meeting to a journalist in which he yielded that the bench was under extreme stress from the then military government to convict Mr Bhutto. “If any document was available, we might have analysed what really took place as well as how the court really continued and also what was the conduct of the judges then,” he stated.

At this, Justice Akhtar observed that hearing of that charm was kept in an open court and all canons of law recommended that hearing in an open court did not mean welcoming everybody Justice Isa merely said he did understand.

Justice Akhtar reminded the petitioner court that also the United States Supreme Court had actually not enabled online newscast of its procedures.

Justice Isa observed that live streaming provided an important device and also catharsis, adding that in case his ask for real-time streaming was denied by the 10-judge bench, it would certainly be cited as precedence for all times to find.

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“The court is not giving me this right of real-time streaming however to individuals of Pakistan, and also by not enabling broadcast, the court as a matter of fact is securing bad attorneys who talk type of tales to their clients by putting all the blame on the court for their defeat. This will also help the advice and judges to be extra careful in the court. Let us be all subjected and also be liable to someone,” Justice Isa observed.

The instance will be taken up once again on Monday following week.

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Asad Iqbal

Asad Iqbal

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