Superior, subordinate judiciary decided over 4.965 million cases: NJPMC told

After enforcement of National Judicial Policy (NJP) 2009, the Supreme Court, Federal Shariat Court, all High Courts and district judiciary have decided a total of 49,65,731 cases while 45,72,690 new cases were instituted, while the disposal figure stands at 3,93,041 which is higher than the institution rate, which is an outstanding achievement.
The details were provided in the National Judicial (Policy Making) Committee (NJPMC) meeting held in the Supreme Court building under the chairmanship of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, who is also Chairman of the NJPMC, on Sunday.
The meeting was attended by Chief Justice Federal Shariat Court Agha Rafiq Ahmed Khan, Chief Justice High Court of Balochistan Qazi Faez Isa, Chief Justice Peshawar High Court Ejaz Afzal Khan, Chief Justice Lahore High Court Ijaz Ahmad Chaudhry, Chief Justice High Court of Sindh Mushir Alam, Chief Justice of Islamabad High Court Iqbal Hameed-ur-Rehman and Registrars of the Supreme Court and High Courts.
As per the break-up of the cases, the Supreme Court decided 26,002 cases while 28,148 cases were instituted, the Federal Shariat Court decided 1720 cases while 1539 new cases were instituted, the Lahore High Court decided 41,618 old cases (filed upto to 31-12-2008) and 145,295 new cases (cases filed on and after 1-1-2009). The High Court of Balochistan decided 1,507 old cases and 3,478 new cases, the Peshawar High Court decided 3,390 old cases and 22,412 new cases and the High Court of Sindh decided 4,385 old cases and 27,985 of new cases.
Though all the High Courts remained under pressure due to shortage of judges but even then they achieved a fairly high disposal figure by working hard and sitting beyond the normal working hours, the participants observed.
The performance of the district judiciary was also reviewed. During the period, the district judiciary of Punjab decided a total of 36,11,473 cases, which included 8,03,177 old cases ie; instituted upto to December 31, 2008. After implementation of the NJP the district courts of Balochistan have decided 71,614 cases which included 3,953 old cases. The district judiciary Balochistan in particular did very well.
The Committee observed that it was currently poised to decide any civil or criminal case within the period of six to nine months from the date of filing of a suit or complaint which was remarkable achievement.
In the same way the district judiciary of Sindh had decided 4,23,959 cases which include 84,099 old cases. In Kyber Pakhtunkhwa, the district courts decided 5,80,884 cases, which included 1,03,877 old cases. The Chief Justice and the members appreciated the hard work performed by the district judiciary and praised the judges for showing good results.
They also appreciated the efforts of the members of the Bar for their co-operation and support to the courts clearing the backlog and prompt disposal of the cases. The Committee observed that the figure of disposal is quite encouraging and showed the confidence of the people in the judiciary to resolve their case and protection of their rights, which was good omen for the nation.
The Committee was of the view that the significant performance of the court has strengthened the perception of general public about the rule of law in the country.
The Committee opined that the policy has worked well and proved a tool to sensitise the people regarding their rights. The Committee observed that the policy has achieved the target disposal of old and new cases and deficiency if any was on account of cogent reasons beyond the control of courts which included shortage of judicial officers, non submission of challans, non production of prisoners and frequent adjournments.
The Committee analysed the situation and after taking into accounts all the ground realities unanimously decided to extend the period of disposal of old cases up to September 30, 2011. The Committee resolved that the old cases would be decided by giving priority as per categorisation ie; old, older and the oldest cases.
The Committee further resolved that all cases instituted after January 1, 2009 should be decided up to March 31, 2012.
The Committee further resolved that they were conscious of the expectation of the general public which they had attached with the courts and in particular the litigants' parties whose cases were pending and asked the judges and lawyers to strive together to meet their expectations and decide their cases at earliest. The Chief Justice of Pakistan asked the Chief Justices of the High Courts to monitor the performance of the district judiciary regarding disposal of old cases through Member Inspection Team.
It was further decided that the Courts should be asked to submit fortnightly reports regarding disposal of old cases.
The Chief Justice laid stress upon dispensation of justice without any discrimination and urged the Judges to decide the cases in free and impartial manner by following the laid down procedure by giving fair opportunity to litigant parties and members of the Bar to contest their cases.
He urged that it should also be ensured that quality of judgements should not be compromised while deciding the cases.
The CJ also constituted a committee comprising Chief Justice Peshawar High Court Ejaz Afzal Khan, Chief Justice Islamabad High Court Iqbal Hameed ur Rehman and Registrar Supreme Court Dr Faqir Hussain to review the performance of the criminal district co-ordination committees and suggest measures for curbing corruption among the legal staff.
The Committee also reviewed the performance of the special courts and the administrative tribunals and observed that the performance of these courts was not up to the mark and required to be monitored to meet litigants' expectations.
The Committee observed that since the NJP was applicable on these courts, therefore, their performance should be monitored by the respective High Courts.
The Committee took serious note of the pathetic state of prisons and observed that the presently prisons were overcrowded and the living conditions were not conducive for the reformation of convicts.
The Committee observed that there was dire need for construction of new jails having necessary facilities for reformation of convicts so that after their release, they could be reintegrated into the society to play a positive role.
The Committee also asked the federal government to expedite the process of construction of jail for Islamabad.