KABUL (Pajhwok) The chief justice (CJ) has urged judges to guide the people and avoid dealing with them angrily and overturning rulings over minor mistakes.
Sheikh Abdul Hakim Haqqani made the remarks during a meeting with local officials in Nimroz province, the Supreme Court said in a statement.
Sheikh Haqqani said members of appellate courts should maintain good judicial and administrative relations with primary court officials.
He instructed primary courts to try their best to dispose of cases in accordance with the Islamic law, principles, decrees, rulings and established procedures so that their decisions were not overturned by higher fora.
He said appellate courts should overturn primary court rulings only if there were glaring legal or administrative shortcomings, and not for minor errors, to prevent unnecessary confusion and hardship for the parties involved.
He urged judicial and administrative members of courts to treat parties to a case with respect and guide them in case of need.
Haqqani said: “Both judges and muftis are responsible for thoroughly investigating the cases they handle. Once a case becomes clear, only then should they hand down a ruling.
“Most of our citizens live in remote areas and are not familiar with legal procedures, so judges must avoid dealing with them angrily and treat them with kindness.”
He believed when military personnel dragged a suspect to court, judges should ask where, how, under what conditions, and for what crime the person had been arrested.
The relevant official should be questioned thoroughly about the matter, and the judges should then conduct their own investigations before making a decision, he added.
The chief justice noted if a suspect was brought to court by a military official, and after receiving information and conducting an investigation, the judge was convinced that the person was innocent, he/she should not be immediately freed.
Instead, they must issue a judicial order in accordance with court procedures. This, he said, would help build an atmosphereof cooperation, trust and mutual respect between security institutions and the judiciary.
