Bad ideas


Zorain Nizamani July 31, 2024
The writer is a lawyer with a Master’s degree from Northeastern University

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Once this world ends, I reckon we will still be adjudicating upon matters pending before our courts.

Now, in order to protect myself, I put forth such a statement because I read in the paper the other day that (late) Arshad Sharif’s case’s trial will continue. The next hearing is on the 6th of August.

What will happen then? What will happen once his case is proceeded before the Apex Court? What difference will it make? Your guess is as good as mine.

The accused in his case is currently in Kenya which makes the entire hearing even more complex. So, the matter might take even longer.

Let alone Arshad Sharif, we can’t even bring Zahir Jaffer’s case to a conclusion. The man’s in Pakistan and is awaiting hearing of his appeal for murdering Noor Mukadam in Islamabad.

From a reasonable man’s point of view, it is evident that Arshad Sharif’s case will continue to linger on for years with no useful outcome. At most, we might get a verdict saying he was killed unjustly. We all know that.

Instead, we should focus on easing the burden on the system by deciding 50,000 pending cases before the Apex Court. Thanks to the reappointment of 2 new judicial officers, cases will be disposed of at the speed of light.

Speaking of delays. The Honourable Chief Justice has also directed brother judges not to sit upon judgements for months and months. Instead, the Honourable Justices should author and deliver judgements within 30 days, as per the Code of Civil Procedure. Considering each judge has more than 50 cases on his daily list per day, I wouldn’t expect them to author judgements after they’ve ruminated upon 50 case files per day, interacting with legal counsels of varying (and questionable) legal acumens.

Speaking from my own experience. I argued a matter before a district court judge back in 2020. The judgement is still pending. It’s been 4 years (and counting). Can you believe it? Now imagine the state of mind of the client. Will he have any faith in the system? I bet you my house, the case I argued will go for re-hearing and get reserved again for years.

Is there any way to improve things in the future?

Maybe it’s time that we get in touch with reality. The reality is that we need more judges. As I have been advocating since the past year, we need more court rooms and we need more judges and we need better lawyers. Lawyers who argue matters and not seek adjournments perpetually.

Also, who thought it was a good idea for Pakistan to host the ICC Champions Trophy 2025? Each time there’s any international sporting event in Karachi, the citizens are introduced to a whole new map of the city owing to road blockages and diversions.

The traffic flow is horrendous, the management of the traffic police is terrible and those returning from work at 5pm after having words with their bosses, already having a bad day, are questioning their existence.

Stadiums should be built on the outskirts of the cities so that people aren’t troubled. We have to come to terms with the fact that we cannot host sporting events in the city, those too international ones, because we just don’t have the infrastructure for it. Each day becomes a trial (pun intended) when you’re trying to commute to and from work without having a surge in your blood pressure.

And all the while you’re trying to get home, the cops are going to make it a point to pull you over, ask you frivolous questions and waste more of your time. We’ve all been there.

As for road rage. I don’t believe in road rage. People these days are armed and they believe in shooting the other person point blank. But what’s the point in killing someone? If you want to prove that you’re the bigger person, at least throw some punches and see who lands first. Maybe then bystanders will know who actually won.

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