SC wants law tweaks for swift case disposal

Says adjournment applications are a major cause of delay of cases

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ISLAMABAD:

The Supreme Court has suggested certain amendments in the Code of Criminal Procedure Code, 1898 (CrPC) and the Civil Procedure Code (CPC) for the expeditious disposal of cases. It has noted that frequent filing of adjournment applications is, in fact, a major cause of delay of the cases.

"The number of cases in the court docket is increasing exponentially due to a surge in litigation across diverse fields. By and large, the criticism and condemnation by the public at large for delays in the disposal of cases, particularly civil suits, is directed solely at the courts, without acknowledging that the parties and their advocates are also equally responsible and accountable for such delays.

"The frequent filing of adjournment applications is, in fact, a major cause of delay," said a 13-page judgement authored by Justice Muhammad Ali Mazhar while leading a division bench.

The verdict said a certain timeline is also required to be integrated in the CrPC where much of the delay is only caused due to the non-submission of the reports under section 173, CrPC.

"Even if a report is filed by the investigating officer, much time is consumed by courts in framing of charge [as] it is not properly regulated or controlled with any dedicated timeline of completing the tasks—framing of charge, completion of evidence, and recording statements of the accused."

The court noted that according to Article 202 of the Constitution, a high court may make rules regulating the practice and procedure of the court or of any court subordinate to it.

"In our view, it is the need of the hour, rather a pressing priority, to incorporate a proper stage-wise Case Management System in the CPC, from the date of admission of suit till its culmination with dedicated timelines for stage-by-stage proceedings to be complied with, by courts and parties both.

"In exercise of the powers conferred under Article 202 and 203 of the Constitution, the high courts can also frame and amend the rules to make the system more effective and meaningful for its subordinate judiciary."

The court said mere criticism for the sake of criticism, either for exploitation or seeking mileage, does not resolve the glitches from any system unless some concrete and sincere efforts are made for improvisation, with inventiveness, to eliminate the deficiencies that cause delay in disposal of cases.

"Thus, mindful of the method of first in, first out, a new/separate chapter ought to be incorporated in the CPC under the nomenclature of "Case Management" with stage-wise, dedicated timelines of each step of proceedings.

"[This should include] provision for case-aging and time-limits for disposal of interlocutory applications from the original to the appellate stage, and it should be implemented across the board with penal consequences of non-compliance, which may include but not be limited to imposing costs."