The Bar Council is to meet with Chief Justice Zaki Azmi soon on the resolution its members passed during the weekend declaring "no confidence in the Key Performance Indicators" introduced by Zaki.

Newly-elected council chairperson Lim Chee Wee said he and the new office-bearers would meet with Zaki "very soon regarding the resolution passed by the Bar" at its 65 th annual general meeting.

NONE "We are hopeful for a productive and effective meeting," Lim ( right ) said.

The Bar Council in its resolution called for the withdrawal of the KPI, saying it did not serve the interests of justice and litigants.

Calling for the immediate withdrawal of the KPI, the lawyers said the council would take appropriate stepts to protest if this was not done.

The motion was moved by the immediate past chairperson of the Bar Council, Ragunath Kesavan.

It noted that the KPI introduced by the judiciary two years ago had resulted in various problems and injustices as a result of strict observance of the KPI.

On Dec 12, 2009, the Bar Council resolved that justice must never give way to speed; qualitative justice must be the overall objective in any judicial initiative or reform; and that the judiciary should exercise its discretion fairly, sensibly and courageously in all instances.

The council is concerned with the quality of the decision-making process, as judges must read court files, listen to oral arguments and submissions, deliberate by considering the facts and the law as presented, and then make a decision, giving the grounds of their judgment.

The resolution also called for courts to sit from 9am to 5pm, and to extend hearing hours only with with consent of the parties involved. The lawyers also do not want cases to be struck off until the close of sitting for the day.

'Give advance notice'

Another major complaint is on the fixing of hearing dates for cases that are sometimes brought forward without the consent of the parties involved.

The lawyers want to be informed in writing at least one month in advance on any change in hearing dates, and for this to be done only with the consent of all parties.

In the resolution, the Bar also expressed its concern, and dissapointment, that notwithstanding consensus, some judges and judicial officers such as magistrates and sessions court presidents refused to observe the consensus reached between the Bar and the judiciary.

In doing so, the judicial officers were denying litigants their right to a full and fair hearing. Among the instances of judicial misbehaviour the lawyers listed includes:

  • Striking out of cases before the end of a sitting, or worse, before the hearing date;
  •  Fixing of hearing dates without regard to availability of counsel;
  • Refusing to grant adjournments despite valid reasons given by counsel;
  • Making a decision without reading the court papers and submissions, and without adequate deliberation; and
  • Delivering decisions without giving the grounds of judgment.

There have been reports that lawyers, including senior counsel, may take to the streets if the KPI is not lifted, as what was done during the Walk for Justice in 2007.

Council member George Varughese said when contacted that though the resolution was passed during the weekend, no time limit or deadline was fixed on when the lawyers would protest.