In an unprecedented move, the Supreme Court has issued data with regard to disposal of cases under various presiding judges during the first year of Chief Justice of Pakistan (CJP) Umar Ata Bandial's term in office.
CJP Bandial leads the list as he decided 8,796 cases—from February 2, 2022 to February 1, 2023—as the presiding judge in 243 days. Justice Qazi Faez Isa—who has already been notified as the next CJP—decided 1,323 cases while presiding over various benches in 183 days.
Justice Sardar Tariq Masood—the third senior most judge—decided 3,126 cases as presiding judge. Justice Ijazul Ahsan decided 4,664 cases as the presiding judge in 236 days. Lawyers are divided about the issuance of this data which does not mention the categories of cases listed before each bench.
One section of lawyers expressed apprehensions that issuance of such data would further widen the chasm in the apex court. Data is silent about the time period taken by each judge for writing a judicial order/judgment which is possibly one of the most important indicators of judicial performance
"There are three pertinent questions: How many cases were heard; how many judgements were delivered and what was the time lag between hearing and issuance of judgments.
“In the UK, the Supreme Court’s Annual Report is presented to the parliament while its accounts are presented to the House of Commons," said former additional attorney general Tariq Mahmood Khokhar.
Another lawyer Hafiz Ahsaan Ahmad said the biggest challenge for the SC for the last many years has been striking a balance between new cases and old cases. He said many cases were decided when the litigants—perusing their civil rights matters or those confined in jails—died.
He said the Supreme Court may revisit its case listing policy and designed it in such a way that the first hearing of a case in the Supreme Court is held within 15 days through an automated system. He said many countries have adopted this system.
He said the Supreme Court should look at the expertise and background of the judges while composing benches and listing cases in order to ensure good and safe administration of justice.
He said there should not be much delay in final adjudication of cases where leave to appeal has been granted under any provision of Article 185 of the Constitution.
According to the statement with regard to disposal of cases, 54706 cases were pending until February 2 last year but the same number was decreased to 52,590 by February 1, 2023
However, the SC statement is silent as to why 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.
A lawyer wondered as to how a presiding judge can take credit for disposal of cases. He said a majority of cases were disposed of by announcing decisions in open court. “Many of them were time barred or have become infructuous. Who would take credit for them? The bench or the judge,” he wondered.
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