Speedy and timely dispensation of justice remains a far cry in Pakistan. The reason is not only the impediments created by the legal bureaucracy but also the plethora of cases that are stashed with the judiciary. It becomes a time-consuming affair with lethargy setting in with the passage of time. Most of the problems and concerns raised in the ensuing litigations pertain to seeking recourse from lower courts and magistrates, but they are not forthcoming. Lack of staff, corrupt practices of fleecing the applicant and influence of the ‘mighty’ has rendered justice unattainable in Pakistan. More to add is an abject non-functioning of state organs as per the Constitution, and the tendency to move the top court for cases of public interest that could otherwise be tactfully dealt with at the executive and legislative levels.
Chief Justice Qazi Faez Isa was on the spot as he castigated the practice of taking every matter to the Supreme Court, and went on to rightly advise empowering the lower strata of judiciary. Presently, a little less than 100,000 cases are pending a hearing in different courts countrywide, which ultimately goes on to sink the confidence of the masses in the judiciary. Again, the executive or for that matter provincial and federal governments look the other way round when asked to appoint more judicial officers, and there is no reason why the number of judges should remain in double digits only. Last but not least are political cases that land with the top courts as the aggrieved party fails to find solace at the level of parliament and executive.
Empowering the parliament and making it a responsive unit for public concerns would surely lessen the pressure on the judiciary. It is ironic as to why courts should sit on to decide in framing regulations and parameters for cases pertaining to eligibility of legislators and likewise other modus operandi. The apex court is an appellate forum and all it has to do is to revisit the constitution and come up with a judicial review, as and when desired.
Published in The Express Tribune, January 8th, 2024.
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