ONE indicator of the state Pakistan’s justice system is in is the figure of cases pending adjudication in the country. In a recent meeting of the National Judicial (Policy Making) Committee, Supreme Court Chief Justice Gulzar Ahmed highlighted this issue, calling upon the high courts to ensure the timely disposal of cases. The fact is that the backlog is massive, particularly in the lower courts. As per one figure, over 377,000 cases are pending decisions in the superior judiciary, while in the district courts the number is a staggering 1.8m. The reasons for this backlog are numerous, and include frequent adjournments, high court costs, lengthy trials, etc. Cases are known to drag on for decades and, at times, litigants have passed away awaiting justice. Such unacceptable delays in justice result in the common Pakistani becoming disillusioned with the justice system, and indeed with the state. They also give rise to illegal parallel systems such as jirgas and tribal courts, while the weakness of the civilian courts has allowed the rise of questionable forums such as military courts to try civilian cases.
Numerous remedies have been tabled to clear the backlog and ensure people get justice within a certain time frame. For example, in a Supreme Court judgement some years ago, it was stated that civil courts should deliver their judgements within 30 days of a trial’s conclusion, district courts within 45 days and high courts within 90 days. Moreover, when the antiterrorism courts were set up in the late 1990s, it was stipulated that terrorism cases should be decided within seven days. More recently, model courts have been set up, and are expected to decide cases quickly. The intention behind these steps must be lauded — though rushing to give a verdict to fulfil procedural requirements risks compromising the quality of justice. Hence, a reasonable but not long-drawn-out period of time is necessary to ensure justice that is based on watertight arguments and convincing evidence. Meanwhile, solutions like the ‘e-courts’ introduced last year, where litigants, counsel and court staff can be linked up remotely, must be taken forward. Steps also need to be taken to discourage frivolous ‘habitual’ litigants, as well as unnecessary adjournments. From resolving disputes over property or other civil matters, to punishing hardcore militants and criminals, the country needs a proactive justice system that delivers decisions within a reasonable time frame, and as per international standards.
https://www.dawn.com/news/1597878/disposal-of-cases
Disposal of cases: Editorial in Dawn, December 26th, 2020
ONE indicator of the state Pakistan’s justice system is in is the figure of cases pending adjudication in the country. In a recent meeting of the National Judicial (Policy Making) Committee, Supreme Court Chief Justice Gulzar Ahmed highlighted this issue, calling upon the high courts to ensure the timely disposal of cases. The fact is that the backlog is massive, particularly in the lower courts. As per one figure, over 377,000 cases are pending decisions in the superior judiciary, while in the district courts the number is a staggering 1.8m. The reasons for this backlog are numerous, and include frequent adjournments, high court costs, lengthy trials, etc. Cases are known to drag on for decades and, at times, litigants have passed away awaiting justice. Such unacceptable delays in justice result in the common Pakistani becoming disillusioned with the justice system, and indeed with the state. They also give rise to illegal parallel systems such as jirgas and tribal courts, while the weakness of the civilian courts has allowed the rise of questionable forums such as military courts to try civilian cases.
Numerous remedies have been tabled to clear the backlog and ensure people get justice within a certain time frame. For example, in a Supreme Court judgement some years ago, it was stated that civil courts should deliver their judgements within 30 days of a trial’s conclusion, district courts within 45 days and high courts within 90 days. Moreover, when the antiterrorism courts were set up in the late 1990s, it was stipulated that terrorism cases should be decided within seven days. More recently, model courts have been set up, and are expected to decide cases quickly. The intention behind these steps must be lauded — though rushing to give a verdict to fulfil procedural requirements risks compromising the quality of justice. Hence, a reasonable but not long-drawn-out period of time is necessary to ensure justice that is based on watertight arguments and convincing evidence. Meanwhile, solutions like the ‘e-courts’ introduced last year, where litigants, counsel and court staff can be linked up remotely, must be taken forward. Steps also need to be taken to discourage frivolous ‘habitual’ litigants, as well as unnecessary adjournments. From resolving disputes over property or other civil matters, to punishing hardcore militants and criminals, the country needs a proactive justice system that delivers decisions within a reasonable time frame, and as per international standards.
https://www.dawn.com/news/1597878/disposal-of-cases
Published in Pak Media comment and Pakistan