By
MUHAMMAD MAJID BASHIR
B.Com, M.A, LL.B, DLL, DTL, DIPL, LL.M,
Civil Judge, Judicial Magistrate Sec.30
Director (Legal) PCP
Ministry of Information & Broadcasting, Islamabad.
E-mail: judgemajid@hotmail.com
United States, Supreme Court, Chief Justice William Howard Traft stated in 1926 that “the real practical blessing of our bill of rights is in its provision for fixed procedure securing a fair hearing by independent Courts to each individual”.
An impartial, independent Judiciary is the custodian of individual rights in a civilized society. In order for individuals to have faith in their Court system, all people must have access to the Courts when necessary.
A judiciary that is seen as fair and independent is an important component in sustaining their trust and confidence. It is known “Independent of Judiciary” the confidence of the people.
Living up to this ideal is a big challenge. It requires the involvement of many people, including legal educators, legislators, legal professionals, non governmental organizations and ordinary citizens. Effects to guarantee equal justice for all take many forms within our legal system.
Our constitution provides all these guarantees, justice, rules of law, equality before law, equal protection before law, and right to a speedy and fair trial by an impartial judge.
Above all these citizens expect that when conflicts between citizens or between the state and citizens arise. There is a place that is independent, impartial, safe and protective from undue influence, that is trustworthy, and that has authority over all the parties to solve the disputes peacefully and legally that’s why the Courts are considered the place of refuge.
For this very purpose and ensuring legal protections and educating citizens of their fundamental rights and responsibilities, we have to describes how this doctrine work in practice in Pakistan and how we all will contribute to making “equal justice for all” a true reality.
Court system has the mechanism recognized and accepted by all to resolve disputes peacefully. Alternative disputes resolution (ADR) system is a well experienced and appreciated system of resolving disputes in all civil society. In United States of America 80% disputes are being resolved through ADR mechanism which is quick, confidential and friendly in nature.
Access to Justice depends upon access to the Court, access in the theoretical or legal sense is not enough, rather, it is the results that flow from the decision made by the Courts that give it meaning. For example, the value of “access” is evident when the Courts decide that no one, especially those in positions of power and holding authority, is above the law, or when access requires the right to counsel in cases where one’s liberty is in jeopardy.
For the achievement, this idea of open access needs practical application of the fundamental right to access. The Court under the constitution will have to go through this judicial mill with grace and dignity. Denying access to the Courts forces disputes resolution into other areas and results in vigilantism, violence and disorder of law.




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