Brief Introduction:
Name: Justice (R) Jawed Alam
Education: LLB (1970) Urdu College, LLM – Urdu College – With Distinction
Native to: Badin, Sindh
Joined the Field in 1975
How was your Journey in Judiciary?
I, Joined Judiciary in 1991, directly as Additional District and Session Judge. My First Posting was in Nawabshah, thereafter I was transferred to District Sanghar, then to Dadu. District Dadu was slightly uncomfortable for me, and I requested a transfer to Karachi. It was after completing my tenure in District South, Karachi I was transferred to Hyderabad. In Hyderabad, I was promoted to District Judge and was deputed as Additional Secretary, Government of Sindh. There I was considered a misfit, since I denied being biased. That I am a Law Officer, and whatever I will find reasonable and Just I will order accordingly. but they were persistent to give favor to the government, consequently, I requested Chief Justice of Sindh High Court to transfer me to my hometown.
How Did you become Part of the Anti-Terrorism Court?
In Nawazshareef Government, Military Courts were established and when the matter proceeded to Supreme Court these Courts were declared unconstitutional, therefore all military were abolished and new courts were established which are now named as Anti-Terrorism Court. When the Courts were formed, only 8 Judges were appointed and I was one of the eighth. At that time Law & Order situation was very poor but we managed through it. Within few years, Military Dictatorship regained the executive Authority under the leadership of Parvez Musharraf and He maintained the Supremacy and Independance of Court by establishing further Courts. Four Vacancies were opened in Sindh at that time and I was called by the President, who was the Appointing Authority. After completing my terms of Service, Sindh High Court assigned me as District and Session Judge of West. I stayed as DJ (West) for four years and was then retired in 2007. But it was upon insistence I agreed to resume the service in Hyderabad in 2011. Even though I was on contractual Terms Chief Justice transferred me back to Karachi and I continued on extension of 2.5 years till 2019. However, I had the opportunity to obtain further extension I preferred to take retirement.
What is your Perspective on Prolonged Promotion Policy for Judges in District Court
There once was a time when the Government of Sindh had the ascendance in Appointing Judges and High Court didn’t have Administration but time to time different judgments were passed. I was in grade 19 and at that time if you want to move from grade 19 to 20 you need to work for 7 years in 19th grade. The advantage of the requirement was that when someone works for 7 years straight he is given seniority. My badge made and me also sought for promotion but the 7 years embargo remains and when this 7 years period was completed we were promoted. Although Considering the Present Circumstances, I would have to say that appointments are not done on merits. Most of the Judges come from certain practice area and when they come and sit on the seat of the judge, they donnot have command in other respective areas of litigation and Proceedings.
What is the difference between advocacy and judiciary? Which one do you think is easier?
As per my own experience, neither is judiciary an easy target nor advocacy. If you really want to pursue advocacy you will require extreme effort. Where as Judiciary reminds me of many Senior advocates who declined to become Judge owing to their heavy responsibility. Now our belief is that a Judge is a delegate of Allah. Despite that, there are some Judges who had availed the opportunity because of the facility and the salary but the real Judiciality lies in deciding the matter after obtaining proper knowledge and not on mere understanding. Since the LLB course cannot cover the practical aspect of litigation.
How did you dealt in High Profile Case?
I handled a High Profile case of (KESC) managing director Shahid Hamid, who was murdered in 1997, Saulat Mirza, was the accused and he belongs to a powerful political party at that time. I was in ATC when the case was handed to me and the case was transferred from the military court. There was a lot of complication and terror. The political Party MQM was putting lot of pressure but I conducted the case and gave the death Sentence. An appeal against the Sentence was filed in High Court who upheld my judgment. then they even went to the Supreme court and Supreme court also maintained the same, and even in the review petition nothing changed. so, in this case, I had a lot of pressure and threat. I was given excessive protection, more than 5 mobiles were protecting me. I was in Malir at that time and then I was shifted to another area.
How do you condemn the increasing contempt in Court?
For me, the biggest reason for increasing contempt of court is the incompetency of judges. Their fear and fright have caused them to take decisions. In my perspective Life is in the hands of Allah looking at the example of Indira Gandhi, she was assassinated by her guards, Governor of Punjab was shot by his gunman. Contempt committed from misbehaving with Judge is the contempt I don’t consider contempt. I remember one time someone said munshi to a judge, and Judge declared it contempt of court, so here politics is then involved. Contempt is what your opposing party is filing. I believe contempt concerning Judges should be of some limit while freedom of speech must not be allowed to disgrace anyone. now if you see what is actually considered contempt is actually defamation. One of my teacher said,
“A man who cannot sustain the pressure is not a good judge”
A Judge is the king of his own room and a Lawyer is a free bird. what is your opinion on it?
A Judge cannot be king of his own room, there is always a limitation, a judge is also confined to his books he cannot go beyond that there is limitation everywhere, it is not like he can do whatever he likes and lawyers also has a limitation many times judges do things which are very unexpected but if lawyers start using bad language and misbehaving this is not right. Now you have an appellate forum and complaint forum you should not misbehave but deal reasonably. Hence, the limitation is on lawyers as well as judges.
Have you feel any pressure from Judiciary?
Judiciary has never given me pressure, there only preference is to work within the limited boundaries.
Who is your ideal in Judiciary?
It’s been years since I left so I don’t remember much since in present judicial appointment is mostly going on political grounds, but in past my ideal was Ajmal Mia chief Justice of Supreme Court of Pakistan and there are two and more from which I learned a lot who were completely fair and neutral. Now I have to say that decision can be wrong but no decision must be biased.
Are you satisfied with judiciary?
Yes once I was completely satisfied with the judiciary but i don’t carry the same opinion for the present Judiciary. To me this judiciary should be on 150th number.
How do you think the judicial system can be resolved?
The appointment of Judges should be on merit, the National Testive Service should contribute in the matter. The Questions should be from Judicial perspective and training should be carryout more extensively rather than basic third class lessons are focussed. The lecturers and teachers only used bookish language and have no open criteria which can be surveyed. That most of the Appointess in Judiciary have links or relation either with judges, or some political person. I have given my life to this profession. I believe that this merit had been ended after 1985 for the same reason that people are joining due to favor and not on merits either from relatives or from money.
Lesson of the Life?
I believe that whichever field you are in, it is important that you look at your moves and actions first before pointing at others. For e.g people gives bribe to carry out their own motive complaining that system is corrupted and ignoring the fact that they are the one who has started it. They then only see that someone is taking money but they don’t see that they are the ones giving and offering them so first you need to see whether what you are doing is right or not.