Judiciary compelled to take suo motu notices as government fails to deliver
Court’s increased workload adversely affects other litigants, delays cases.
On average, the case list at PHC Court Room 1 displays more than 150 cases a day which shows there is more work and few staffers. PHOTO: FILE
PESHAWAR:
Following the lawyers’ movement of 2007, the number of suo motu notices taken by the judiciary, have increased sharply.
Courts take suo motu notices when the rights of the public are violated or tax payers’ money is being misused by the government machinery or influential individuals who consider themselves above the law.
The most prominent cases the Peshawar High Court (PHC) has taken notice of include, illegal detention, bodies found in gunny bags, target killings, Uzma Ayub’s alleged rape case, encroachment of graveyard land and more recently, the illegal hunting of Markhor.
With more and more people hoping for justice from courts, there is an increase in the number of writs filed. At the same time, the increase in suo motu notices has irked legal experts who say they overburden the judiciary and delay the completion of civil and criminal cases.
PHC Bar Association President Abdul Latif Afridi says such notices delay the disposal of cases filed by other litigants. “If government officials had been competent enough to perform their legal obligations on time and in accordance with the law, the judiciary would have never interfered,” Afridi added.
“As long as political interference and affiliation remains within government departments, people’s problems will go unnoticed and the judiciary will be compelled to summon incompetent officials to court.”
On average, the case list at PHC Court Room 1 displays more than 150 cases a day which shows there is more work and few staffers.
Along with increased workload, the shortage of judges at the PHC was also considered a reason for cases lying in limbo. However, with the appointment of seven new judges on Saturday the number of PHC judges has increased to 18, which will help dispose of cases faster.
Afridi says the situation will get better now but adds that the judiciary will not stop taking suo motu notices of issues plaguing the masses since the government is least bothered with solving them.
“People know that the judiciary delivers. One just has to write an application and send it to the chief justice. It is then converted into a writ and proceedings begin,” Afridi stated.
Published in The Express Tribune, March 4th, 2013.
Following the lawyers’ movement of 2007, the number of suo motu notices taken by the judiciary, have increased sharply.
Courts take suo motu notices when the rights of the public are violated or tax payers’ money is being misused by the government machinery or influential individuals who consider themselves above the law.
The most prominent cases the Peshawar High Court (PHC) has taken notice of include, illegal detention, bodies found in gunny bags, target killings, Uzma Ayub’s alleged rape case, encroachment of graveyard land and more recently, the illegal hunting of Markhor.
With more and more people hoping for justice from courts, there is an increase in the number of writs filed. At the same time, the increase in suo motu notices has irked legal experts who say they overburden the judiciary and delay the completion of civil and criminal cases.
PHC Bar Association President Abdul Latif Afridi says such notices delay the disposal of cases filed by other litigants. “If government officials had been competent enough to perform their legal obligations on time and in accordance with the law, the judiciary would have never interfered,” Afridi added.
“As long as political interference and affiliation remains within government departments, people’s problems will go unnoticed and the judiciary will be compelled to summon incompetent officials to court.”
On average, the case list at PHC Court Room 1 displays more than 150 cases a day which shows there is more work and few staffers.
Along with increased workload, the shortage of judges at the PHC was also considered a reason for cases lying in limbo. However, with the appointment of seven new judges on Saturday the number of PHC judges has increased to 18, which will help dispose of cases faster.
Afridi says the situation will get better now but adds that the judiciary will not stop taking suo motu notices of issues plaguing the masses since the government is least bothered with solving them.
“People know that the judiciary delivers. One just has to write an application and send it to the chief justice. It is then converted into a writ and proceedings begin,” Afridi stated.
Published in The Express Tribune, March 4th, 2013.