European Union Ambassador visits PCFR
January 10, 2024
Pakistan’s Geoeconomics
February 23, 2024European Union Ambassador visits PCFR
January 10, 2024Pakistan’s Geoeconomics
February 23, 2024Speech Delivered at a Seminar on Justice Delayed Justice Denied
The world has seen umpteen number of great thinkers more than one can count. These great thinkers have penned their thoughts and provided the people of the world directions. Today’s world has bearing to the thoughts of great thinkers. There has been scientific advancement by drawing from nature's reserve. Advancements are quite profound in art, culture, literature, philosophy, education and in all aspects of human life. The noble profession of law in no way legs behind. Jurist have made great stride and evolved legal theories, legal principles and legal tools for more and more equitable dispensing of justice and making it easily accessible to a large majority of people looking for addressing of their grievances and settlement of their disputes. World is fraught with injustices for the men greed and wickedness has no bound. Abel and Qabel (Cain) were the first two sons of Prophet Adam and Bibi Hawa (Eve). The two siblings were first born on earth. Qabel (Cain) slew his brother Abel. This was the first shedding of blood on earth and also the first case of injustice. Qabel (Cain) after this incident ruined himself and became of those who remain lost. As early as in 1215 Magna Carta containing Charter of Rights was agreed by King John of England Charter 40 of which read as follows: "To no one will we sell, to no will we refuse or delay, right or Justice". Magna Carta played seminal role in later periods in rule of law, Habeas Corpus, Jury Trial, equality before law, Independence of Judiciary and democracy and representative of government. Now, reverting to the topic of seminar, the initial words are "Justice Delayed Justice Denied" this phrase or expression is very common in judicial sphere and seem to be as old as the Justice System itself. It was repeated by Mr. William E Gladstone the British Prime Minister in the late 1800's.
Justice Delayed Justice Denied is met in judicial sphere by an equally famous phrase "Justice Hurried is Justice Buried". Now what these two phrases mean when they are juxtaposed. Their literal meaning would be simple that Justice has to be done and seen to be done without inexplicable delay. A litigant who comes to the Court for resolution of his dispute wants relief in current time and not in some unforeseeable time where his very interest in the subject matter of dispute gets diluted, becomes inconsequential or even extinguish. Justice delivery is a serious matter. It plays very important role in the socio- economic development of the country and bring harmony in the society and creates certainty. Constitution of Pakistan is based on trichotomy power. The three power centre under constitution of Pakistan is Parliament, Executive and Judiciary. There is no other power centre in the country and none exists. Whole eyes of the people of the country is towards Parliament, Executive and Judiciary for maintaining of balance in the country and driving the country towards attainment of more and better life of the people i.e. the masses.
The Judiciary in Pakistan is under severe stress owing to ever mounting pendency of cases which is also the main cause of delay in decision of cases. This has not happened overnight nor in one year, five years or ten years. This phenomena of mounting pendency of cases and ultimate delay in decision of cases is as old as the country itself. The Courts on the basis of available resources at its disposal is constantly addressing this chronic issue. Law and Justice Commission of Pakistan was created and National Judicial (Policy Making) Committee was constituted at the highest level with Chief Justice of Pakistan being its Chairman and all the Chief Justices of the High Courts and that of the Federal Shariat Court being its members. The committee has been constantly meeting and deliberating core issues and making policy decision for bringing load of cases down. It succeeded many a times and pendency of cases at all level of the Courts in Pakistan was considerably reduced. But hefty pendency is still there which is one of the cause of stagnation of the society. I do not want to go into minute details or to burden you with figures. Barest one can say is that country has a population of more than 230 million and it is increasing with fast pace. People tendency to approach Courts in Pakistan is not decreasing but increasing. The other two centre of power in the state i.e. Parliament and Executive are under constant challenges of their own survival. These two centre of power has little or no time to address the issues facing the courts and there is also dearth of resources. Not the ideal situation. No cause of despondency Pakistan and its nation has always been resilient. The present will pass.
While there are innumerable causes for delay in decision of cases pending in Courts there are equal number of means for their solution. Some of the solutions are dealt here,
- The first and foremost step is to ensure filling of all vacant posts of Judges in all Courts of Pakistan i.e. the District Judiciary, the High Courts and the Supreme Court of Pakistan. My tenure of Office of Chief Justice of Pakistan was from 21st December, 2019 to 1st February, 2022. During this period I have ensured that no vacancy is kept in the Supreme Court of Pakistan. A day before I retired there was full strength of Supreme Court Justices that is 17 in all. The Justices of the High Courts were also appointed to ensure minimal vacancies. Appointments in District Judiciaries were also made but whole vacancies could not be filled and the reason assigned by some of the Chief Justices of High Courts at the forum of National Judicial (Policy Making) Committee was that large number candidates either do not fulfill criteria or fail to pass tests and interviews for appointments. They were asked to continue process of appointments in District Judiciaries.
- There is a tendency of filing of frivolous and false cases in Courts of law. These frivolous and false cases come at par in matter of hearing by Courts with the cases involving rightful disputes having genuine Cause. Until they are decided and dismissed as frivolous and false, most precious time of the Courts is spent in deciding of frivolous and false cases. So far criminal cases are concerned making of false charge with intent to injure is an offence under section 211 of Pakistan Penal Code providing for punishment of imprisonment extending up to two to seven years with fine. Giving of false evidence and fabricating of false evidence are also offenses under section 191 and 192 PPC respectively carrying punishment extending up to seven years imprisonment with fine in case of S. 191 and case of S. 192 punishment extending up to three years and fine. In civil cases while the Court are armed with power to impose cost on a party who has made frivolous or false case at the sarne time S.210 PPC provides for punishment extending up to two years and fine for obtaining fraudulent decree from Court. There is also provision for filing case by an injured for malicious prosecution. The provisions of the laws are required to be strictly enforced to ensure that frivolous and false cases are not filed.
- When the date of hearing of the case in fixed and party/advocates been informed, adjournment is not to be granted and if there is justifiable cause for adjournment it has to be on cost. Further the lawyers are required to maintain large firms of lawyers so that lawyer is available for proceeding of the case on date of hearing and adjournment is not sought due to engagement of lawyer before another Court or before other bench of Court.
- Courts should give timeline for completing hearing of the case. In criminal cases when charge is framed and in civil cases when issues are framed. Similar procedure should be followed on admission of appeals, revisions and reviews. Constitutional matters when they are set down for hearing timeline be given for completing the hearing. There is no prohibition on Courts by law in giving timeline for completing hearing of the cases.
- Supreme Court in its judgment in the case MFMY Industries Ltd. v. Federation of Pakistan reported in 2015 SCMR 1550 extensively dealt with matters relating to administration of Justice more particularly the aspect of delay in giving of judgments by Courts after completion of hearing. Court relying phrase Justice delayed Justice denied ruled that all Courts in Pakistan on completion of hearing of case should give their Judgments, expeditiously and timeline was given for this purpose. Supreme Court decision is binding on all High Courts, subordinate Courts and all other tribunals and special courts courts under Article 203GG of the Constitution. Since this Judgment, Courts in Pakistan are maintaining timeline in giving their judgments.
Given the increase in population of the Country and large number institution of new cases all over Pakistan, there is need to increase the strength of Judges in the High Courts so also in District Judiciaries. Current strength of Judges is not sufficient to deal with mounting pendency and ever increasing institution of new cases. Ratio of Judges has to fixed on basis of vis- à-vis population of District in District Judiciary and in High Courts on the basis of population of provinces and Islamabad Capital Territory. It's a matter of calculation. Off the cuff for addressing immediate problem, the strength of District Judiciary in all of Pakistan be increased if not more two times its present strength. High Courts strength be increased doubling the present strength. Of Course this means incurring of considerable expenditure on the part of Government. As James Madison said in Federalist No:51 dealing with structure of Government and providing checks and balances "Justice is the end of Government. It is the end of Civil Society. It ever has been and ever will be pursued until it e obtained". The commentors have commented on this saying and given meaning that ultimate purpose of government is to protect the rights of the people by ensuring Justice to those whose rights have been damaged. This being the end of the government to achieve, it matter less what cost is to be incurred. Feel of Justice itself usher development of the country in leaps and bound and prosperity will reach to the people of the Country.
The Author