Number of pending cases hits all time high

54,965 cases pending in the Supreme Court as of June 30

ISLAMABAD:

The number of cases pending in the Supreme Court has hit the highest level since the creation of the country in 1947. According to a fortnightly disposal report, 54,965 cases were pending in the apex court as of June 30.

It is expected that the number of pending cases may further increase on account of the ongoing summer vacations as the majority of the SC judges are not hearing cases right now.

When Incumbent Chief Justice of Pakistan (CJP) Umar Ata Bandial took oath as the CJP on February 2, 2022, a total of 53,964 cases were pending in the SC. Over 10,000 cases were added to a backlog of cases during the term of CJP Bandial’s predecessor, CJP Gulzar Ahmed.

However, the number of pending cases was reduced by 2,000 cases in a year despite the fact that two positions of SC judges have been vacant for many months. According to an SC statement issued on February 25 this year, the number of pending cases dropped from 54,735 to 52,450 in a year.

On September 12, 2022, the CJP had expressed hope that with the continued efforts of fellow judges, the top court would lower the number of pending cases to around 45,000 cases in the next six months. Unlike his predecessor, CJP Bandial had maintained discipline in formation of benches.

However, things started to change when the SC led by CJP Bandial invoked suo motu jurisdiction over the delay in elections for two provincial assemblies in February this year.

The recent fortnight report revealed that a total of 54,965 cases were pending in the apex court as of June 30. More than 2,000 cases have been added to the total number of pending cases since February.

Currently, 15 judges are working at the SC while two posts have been vacant for the last eight to nine months. Justice Musarrat Hilali is likely to take oath as an SC judge in the next couple of days.

Some experts believe that judicial politics is also affecting adjudication of cases.

The SC is effectively divided into two camps with seven judges in one camp and eight in the other. Some judges are reluctant to sit on the same bench with some of their colleagues.

In February, Justice Isa in his judicial order noted that a case management committee of the SC was set up to give its opinion on how best to attend to the large number of cases which had accumulated. The order further read that the committee had submitted its report on March 1, 2022.

“The [SC] Registrar informs us that the said report was sent for the approval of the Hon'ble Chief Justice on 22 July 2022 and his lordship's approval is awaited," it added.  Justice Isa has not become part of any bench for more than two months.

In May last year, Justice Syed Mansoor Ali Shah identified delays in the disposal of cases as the biggest challenge facing the criminal justice system, regretting that the pendency in cases devastates families and litigants.