You hide behind thick walls

Up to 700 amendments have been proposed in present laws, to counter delays, adjournments and to ensure finality

In my column titled ‘Rust in peace’ published here on 1^st November 2021, I categorically stated and I quote “year 2022 will arrive soon, will we continue to be victims of a system that operates upon extinct 1908 laws or is change imminent?”. Today, I was happy to read that the current regime has proposed reforms in the civil and criminal laws. Laws which date back to the more than 100 years, in specific, laws that govern the criminal side.

Presently, the Pakistani judicial system relies upon inter alia the Criminal Procedure Code 1898 (CrPC) and the Pakistan Penal Code 1860 (PPC) for convicting and charging criminals. As stated, both these documents are ostensibly outdated and ancient. They were originally drafted by the British during their rule in the subcontinent and these pieces of legislation responded aptly to the old times during which they were drafted. Overtime, minor tweaks were made here and there but no major changes were made to these documents. As a result, the system has been a victim of worn-out laws since its inception which encouraged inordinate delays in trials, injustices and no relief for the poor.

Now, up to 700 amendments have been proposed in the present laws in order to counter delays, adjournments and to ensure finality of judgements. Amendments such as conclusion of criminal trials in 9 months, no adjournments for more than 3 days and using of modern pieces to record evidence of witnesses have been put forth. Another pivotal piece of amendment proposed is that if a presiding officer (trial judge) does not conclude a trial within 9 months, he shall be answerable to the Honourable High Court. Safe to say, such amendments seem quite decent and rather needed.

Astonishingly, the Supreme Court Bar Council has disputed these proposals stating that they had no input in these amendments. However, the Ministry of Law has denied such assertions stating all provincial bars were written for input but no reply was received.

Let’s assume for a second that the latter is true. Why don’t we just let our egos rest in the backseat and assist with getting these amendments through? In a very long time, positive proposals have been put forth for improving the current judicial system, why is that they have to be made a product of unwarranted controversy? Lawyers, like me, are officers of the court. It is our duty to assist the courts. Why is it that we are causing more problems than giving solutions? We’re supposed to act as a catalyst for speedy justice.

In my writings, I have stated again and again that the system has failed, but this once it is us as citizens and as professionals who are failing. Legal reforms are desperately needed and once when we’re getting them, we turn around and let our egos in the way and we prance around futile rhetoric. The district courts have massive backlogs of pending cases which need to be decided expeditiously. The general outlook around the legal system is ‘nothing will happen’ or ‘it is plagued with delays’ and the outlook is valid. The litigants of this country are yearning for justice, people are many and their hands all empty. We as lawyers are thousands in numbers but our tongues are all broken. Around us, thousands are whispering but we aren’t listening to them. The current system valorises the wrongdoer.

For the greater good, let these reforms and proposals go through. Don’t be masters of war who hide behind thick walls and massive desks. In my meagre law practice, I have seen mothers crying for justice and fathers mourning wrongful acquittals. To all those disputing easy and expeditious access to justice, ask yourselves: is your money that good? Will it help you buy forgiveness? When your health takes a toll, the money that you’ve made, will it buy your soul back? The halls of justice need rejuvenation, be the reason people attain justice, not the thorn in their paths.

 

 

Published in The Express Tribune, February 7^th, 2022.

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