Disposal of cases: CJP Gulzar identifies 'adjournments' as main reason behind delays

ISLAMABAD: Justice cannot be delivered and fundamental rights of the people cannot be protected, unless the judges are fully independent and are not under external pressure.

Chief Justice of Pakistan Gulzar Ahmed made these remarks, while addressing the opening ceremony of new Judicial Year 2020-2021 held at Courtroom No1 on Monday.

Attorney General for Pakistan Khalid Jawed Khan, Vice Chairman Pakistan Bar Council Abid Saqi, President Supreme Court Bar Association Syed Qalb-e-Hassan Shah also addressed on this occasion.

The chief justice said that under the Constitution and the law, no one is allowed to undermine the independence of judiciary.

"Every judge of the superior judiciary is under solemn oath, inter alia, to discharge the duties honestly to the best of his ability and faithfully in accordance with the Constitution and the law, and, in all circumstances, to do right to all manner of people, according to law, without fear or favour, affection or ill-will.

"I must say that it is not only a privilege to be a judge but a heavy duty is cast upon judges, even under the oath, to preserve, protect and defend the Constitution, and not allow their personal interest to influence the official conduct or official decisions.

"The judiciary at all levels shall continue to strive to uphold the supremacy of the Constitution, to foster justice in all circumstances and to ensure rule of law in the country.

Justice Gulzar said that due to the coronavirus (COVID-19) pandemic this year had been one of the most challenging in the in history of Pakistan.

"Besides, having been faced with other challenges, like, delay in disposal of cases, the pandemic posed a severe, unseen and intricate challenge to the Court's ability to function. The effect of COVID-19 was enormous and despite best efforts to reduce the backlog of cases, the number of pending cases has increased slightly," he said.

He stated that at the beginning of the judicial year, 42,138 cases were pending. During the pre-COVID-19 period, about 8,817 fresh cases were instituted, while about 6,752 cases were decided.

During the post-COVID-19 period, 7,046 cases were filed, while 5,792 cases were decided, leaving the closing balance of 45,455 cases.

About 12,544 cases were disposed of during the previous judicial year, he added.

He said the main contributory factor towards the delay in disposal of cases was adjournments.

One of the causes for adjournments was that the advocates at time were not able to reach the Court at Islamabad on account of their personal reasons, including, the engagements at their own stations.

In order to overcome this problem and to provide expeditious and inexpensive justice to the litigants, cases were heard through e-Court system.

Initially, the facility of video-link connectivity was available only at Branch Registry Karachi, but it was extended to all the Branch Registries.

The video-link facility will continue to benefit lawyers and litigants in saving their time and money.

He stated that during pre-COVID-19 period (01.09.2019 till 29.02.2020) 173 Model Criminal Trial Courts decided 21,553 murder and narcotic cases.

During this period, 152 Model Trial Magistrate Courts decided 61,795, and 119 Model Civil Appellate Courts decided 33,502 cases.

Total 444 Model Courts, in all, decided 116,850 cases in just 153 days.

Attorney General for Pakistan in his speech said only a truly independent judiciary could be the ultimate custodian and bulwark of the rights and liberties of the people.

The institutional independence of the judiciary has to be jealously guarded and there can be no better guarantor of its independence than a united Court with a robust bar standing by it.

About the transparency in appointment of judges of the superior court, the AGP said the present mechanism provided under Article 175A of the Constitution envisaged a collaborative process entrusting the judiciary and the parliament with the task of appointment of judges to the superior courts.

He said the bench had to keep in mind that without adequate representation of women as well as minorities the process would not be complete.

Copyright Business Recorder, 2020