ADR: the way to go

In a country where judicial stalemate is the order of the day, and where litigations move at a snail's pace, an alternate mechanism for dispensation of justice is inevitable. Former puisne judge, Syed Mansoor Ali Shah has pointed out a perfect way out to address this enigma. He rightly believes that Alternative Dispute Resolution (ADR) is the way to go, and all efforts must be made in a lawful circumference to introduce this erstwhile convention as the modus operandi in facilitating speedy justice. All it pertains is a community-based decorum where the peers and notables gather for adjudicating disputes and, through the dictum of honesty, push the envelope further in reaching a middle ground for provision of justice.

ADR can go a long way in curtailing the mounting case backlog in our courts. Reports say more than two million cases are waiting to see the light of the day, and the apex court itself is seized with around 56,000 high-profile petitions pertaining to public importance. It is also a miserable reality that Pakistan ranks 129th out of 142 on the World Justice Project Rule of Law Index 2024; and is among the lowest in South Asia. Moreover, the dual-tier judicial system introduced in haste under the 27th constitutional amendment has led to a visible compromise in transparency, and the independence of lawfare has become questionable.

ADR, thus, as has been in vogue in the pre-judicial days in primitive societies, can take the center-stage in dispensing justice. Most of the cases concerning family disputes, land quarrels and minor complaints can be addressed amicably, and without much ado, at local forums. This will not only save money and time, but also relieve the superior judiciary, enabling it to focus on constitutional reviews and legislation scrutiny in a better manner. As cited by Justice retired Shah, legal professional bodies including lawyers must come forward to play a role, and put their weight behind instant reconciliation measures as per law. It could be a blessing in disguise in our volatile and lawless society.