Backlog persists despite new SC hiring

Despite an increase in the number of judges, pendency in the Supreme Court could not be reduced substantively, as the number of pending cases rose since February when six judges were elevated to the apex court, according to data available on the Supreme Court's website on Thursday.

The data showed that 57,089 cases were pending as of August 6, despite the fact that eight judges have been appointed in the last six months. Currently, the apex court is not functioning at full strength due to the summer vacation, and pendency is increasing day by day; 56,892 cases were pending just last week.

When Chief Justice (CJ) Yahya Afridi assumed office, 59,435 cases were pending in the apex court, which then comprised 16 permanent and two ad hoc judges. Subsequently, six new judges were appointed in February, followed by the elevation of a Lahore High Court judge to the apex court in April.

Despite these seven new appointments, pendency has not been substantively reduced. In March, 55,702 cases were pending, which has now increased to over 57,000. However, it is also a fact that 60,507 cases were pending in September last year, showing a slight improvement over time.

CJ Afridi has accelerated the disposal of criminal cases, particularly those involving death sentences. A lawyer commented that if pendency is reduced by 3,000 cases each year, then over the next three years, the overall reduction will be substantial.

There may be several reasons for the lack of substantial reduction in pendency. One of them is that the Supreme Court has remained visibly divided since the passage of the 26th Constitutional Amendment.

A full court meeting held on October 28 last year had adopted the Case Management Plan 2023 — the brainchild of Justice Mansoor Ali Shah — to address the growing backlog. However, it is learnt that this plan is no longer being followed.

The constitutional benches, created after the 26th Amendment, have consumed much time hearing cases related to the military trials of civilians, the transfer of judges to the Islamabad High Court (IHC), and the allocation of reserved seats.

These constitutional benches have yet to issue detailed judgments in these three crucial cases, the outcomes of which have significantly impacted the independence of the judiciary, fundamental rights, and democracy in the country.

Two minority judges have issued detailed opinions in the military courts cases, but the detailed majority verdict is still awaited.