CJP urges early disposal of pending cases

Apex court would allow fair criticism but will not tolerate any attack on judiciary, observes top judge


Hasnaat Mailk September 10, 2018
Chief Justice of Pakistan Mian Saqib Nisar. PHOTO: EXPRESS/FILE

ISLAMABAD: Chief Justice Saqib Nisar on Monday reiterated the need to dispose of pending cases in an expeditious manner as the new judicial year began on Monday.

In his address to the ceremony to mark the official start of the 2018-2019 judicial year at the Supreme Courtin Islamabad, Justice Nisar revealed that the rate of case disposal in the last year was higher than in the previous five years. “The number of pending cases, nevertheless, slightly increased,” he added.

“We began the last year with the resolve to lethe ssen daunting backlog of cases faced by the apex court,” he said while placing the number of pending cases at the start of the previous judicial year at 37, 000 - out of which the top court had decided 19, 000 cases.

It is pertinent to note that at least 8, 000 cases have been added on top of previous pending cases during the 20-month-long tenure of Justice Nisar. Between 2013 and 2018, the pendency of cases has doubled.

In 2013, there were 20,480 pending cases but this figure had increased to 40,540 by August 15 this year, depicting an increase of almost 100 per cent.

In his address, Nisar dubbed frivolous litigation as a “major contributing factor” increasing backlog. Unnecessary adjournments and customary delay tactics were next on the list of factors hampering the judicial process. He said removing such “poisonous” issues was vital for the survival of justice system.

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“In the past year, the Supreme Court has been the most stringent in this context with a zero tolerance policy to any form of unnecessary delay,” he remarked.

The top judge stressed that the maximum number of cases were fixed and heard during the previous judicial year. He added the judges and judicial staff worked tirelessly round the clock to expedite the process of litigation “in this ultimate forum for the redressal of the grievances of the litigant public.”

“The common man must not suffer at the hands of the justice system – the very institution from which it seeks justice,” asserted Justice Nisar.

He urged for initiatives to aid lawyers and litigant public including the issuance of proposed cause lists in advance to enable counsel to prepare briefs and make necessary arrangements for their appearance, simplification of the process of filing of applications and capacity building through training courses at the federal and provincial level.

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Justice Nisar said the SC’s primary concern was to ensure enforcement of the various fundamental rights guaranteed under the Constitution.

On freedom of speech, Justice Nisar observed that the apex court would allow fair criticism but will not tolerate any attack on the judiciary. He also urged the media to not hold talk shows on sub-judice matters which may cause prejudice.

On the other hand, Vice-chairperson of Pakistan Bar Council Kamran Murtaza said it was unfortunate that advisories were being issued to “curb media freedom in democratic periods.” He said the matter also came before the superior judiciary in different shapes and needed to redressed.

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Reiterating that bad governance and injustice had plagued society, the chief justice encouraged the judicial fraternity to aim higher. “We have spent enough time being complacent, it is now time to proactively search inwards and rectify the wrongs within the legal system.”

“There is no valor in being complacent, no wisdom in limiting our potential by aiming low and certainly no nobility in looking down on those who aim high despite the odds. You see, time has never favored the timid, it favors only the bold and courageous,” reflected the top judge.

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