Justice delayed

It has once again brought home the bitter truth of the flaws in Pakistan’s justice system and the lethargy on the part of our lawmakers. In a typical case of justice delayed is not doing justice, the highest court of the land has ordered the government to pay compensation and alternative land to those whose land had been acquired for the construction of Tarbela Dam. The decision of the Supreme Court, which is no way responsible for the delay, has come after more than half a century of the construction of the dam. It was built between 1968 and 1976. The top court has upheld the Peshawar High Court’s judgment. An official of the Water and Power Development Agency, the respondent in the case, told the court that 5,000 acres of land were required to resettle the 206 affectees.

As the Supreme Court’s ruling has come on the very significant issue involving food, livelihood and shelter, it has come as highly stunning for the whole society. Cases exemplifying the proverbial justice delayed is justice denied do occur at intervals though, the case under discussion should alert the authorities to the need of ensuring speedy justice to those petitioning courts for redressal of their grievances. The court ruling has also brought to light the need to update the land acquisition laws of the country. Matters pertaining to acquisition of land in Pakistan still pivots around the Land Acquisition Act of 1894, a British-era law. This law was framed in the late 19^th century by colonial rulers in line with their own interests. Continuing with this legislation long after independence is anachronistic.

Prolonged delays in the dispensation of justice also reflect on the efficiency of hundreds of officials manning the federal and provincial departments of law and justice. The authorities need to be focused on improving the efficiency and ability of law officials. One significant factor contributing to unbearable long delays in the delivery of justice is the system of seeking date after date for hearings. A colonial-period law too enables this practice. The way compensation payment was made for the acquisition of land for the construction of another well-known dam illustrates the pro-elite tendency of our officialdom.

Published in The Express Tribune, January 23^rd, 2022.

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