Half-strength court: Quest for justice unjustly protracted
Strength of IHC judges stands at 4 instead of 7, pending cases cross 12,000.
Strength of IHC judges stands at 4 instead of 7, pending cases cross 12,000.
ISLAMABAD:
It has been seven years since 60-year-old Fakhrunnisa was killed in the capital’s outskirts by an alleged land grabber, but her husband still seeks justice for his slain wife.
Fakhrunnisa’s husband, 70-year-old Jamaat Ali Shah, a resident of Bhara Kahu, is just one of the many litigants whose cases have been stuck in the Islamabad High Court (IHC) for several years, with their desire for justice becoming a distant dream with every passing day.
Narrating his ordeal, Shah terms February 2, 2006 as the worst day of his life.
For four years after that tragic day, Shah fought against the acquittal of the alleged murderer by a trial court. His appeal has been pending with the IHC since 2010. “For three years now, my appeal has yet to be taken up. This shows how much priority our judges have for the poor, said Shah, waiting outside an IHC courtroom. “Sometimes, the opposing lawyer is not present for the hearing, while most of the times the case load is too high for one day,” he added. The number of cases in the IHC has doubled in recent months as only four judges including the chief justice are performing their duties. According to the IHC Act, the court should have seven judges available.
According to data collected from the court, a total 12,131 cases were pending in IHC till October 15 this year. Only 5,513 cases were disposed of in the first ten months of the year, while 6,678 cases were submitted. According to the data, in 2012, the total pending cases were 9,929 and only 6,497 were disposed of.
The figure is likely to go up next year if more judges are not appointed. Recently, three names were proposed by the judicial commission but were dropped by the Supreme Court’s chief justice.
A senior IHC official requesting anonymity told The Express Tribune that 500 to 600 cases are being fixed in IHC on a daily basis and only four judges are available to hear them. The official said it is difficult for judges to listen to hundreds of cases in a day, which is why the backlog is increasing.
Former IHC Bar Association head Nayab Hassan said that since the establishment of IHC, seven judges have not served together, which is a requirement of the law. He said with the growing population, the numbers of judges needs to be increased further to expedite the dispensation of justice.
Afzal Hussain, a senior IHC lawyer, echoing the same proposition, said even seven judges are not enough and the total bench size needs to be doubled.
“It is the need of the hour to provide justice to people so they repose trust in the country’s justice system,” he said. Meanwhile, Shah is at the mercy of fate, hoping for his day in court.
Published in The Express Tribune, November 10th, 2013.
It has been seven years since 60-year-old Fakhrunnisa was killed in the capital’s outskirts by an alleged land grabber, but her husband still seeks justice for his slain wife.
Fakhrunnisa’s husband, 70-year-old Jamaat Ali Shah, a resident of Bhara Kahu, is just one of the many litigants whose cases have been stuck in the Islamabad High Court (IHC) for several years, with their desire for justice becoming a distant dream with every passing day.
Narrating his ordeal, Shah terms February 2, 2006 as the worst day of his life.
For four years after that tragic day, Shah fought against the acquittal of the alleged murderer by a trial court. His appeal has been pending with the IHC since 2010. “For three years now, my appeal has yet to be taken up. This shows how much priority our judges have for the poor, said Shah, waiting outside an IHC courtroom. “Sometimes, the opposing lawyer is not present for the hearing, while most of the times the case load is too high for one day,” he added. The number of cases in the IHC has doubled in recent months as only four judges including the chief justice are performing their duties. According to the IHC Act, the court should have seven judges available.
According to data collected from the court, a total 12,131 cases were pending in IHC till October 15 this year. Only 5,513 cases were disposed of in the first ten months of the year, while 6,678 cases were submitted. According to the data, in 2012, the total pending cases were 9,929 and only 6,497 were disposed of.
The figure is likely to go up next year if more judges are not appointed. Recently, three names were proposed by the judicial commission but were dropped by the Supreme Court’s chief justice.
A senior IHC official requesting anonymity told The Express Tribune that 500 to 600 cases are being fixed in IHC on a daily basis and only four judges are available to hear them. The official said it is difficult for judges to listen to hundreds of cases in a day, which is why the backlog is increasing.
Former IHC Bar Association head Nayab Hassan said that since the establishment of IHC, seven judges have not served together, which is a requirement of the law. He said with the growing population, the numbers of judges needs to be increased further to expedite the dispensation of justice.
Afzal Hussain, a senior IHC lawyer, echoing the same proposition, said even seven judges are not enough and the total bench size needs to be doubled.
“It is the need of the hour to provide justice to people so they repose trust in the country’s justice system,” he said. Meanwhile, Shah is at the mercy of fate, hoping for his day in court.
Published in The Express Tribune, November 10th, 2013.