Delay Reduction in Court Cases in Pakistan

The National Judicial Policy 2009 is an attempt to resolve the issue in hand and legal luminaries around the country were invited to present proposals for reform. The key recommendations are outlined in this report.

Taking keen interest in making it a reality and with a strong conviction for it to serve as a guiding principle towards a speedy, efficacious and inexpensive dispensation of justice at the doorstep of the millions of our litigant public. However, concrete results cannot be achieved without active participation and desire of all the stake holders including Judges, representatives of the Bar, Police, Prosecutors, Attorneys and litigants alike, for carving ways and means in resolving the difficulties being faced in achieving smooth administration of Justice.

Many Law Reform Commissions were formed for making recommendations curbing for the delays in disposal of Criminal and Civil cases, time frame is required to be issued for disposal of each category of cases and each Court has to chalk out its time frame/priorities according to the load of work pending before the Presiding Officer emphasizing the urgency of matter and its after effects, if not disposed of within shortest span time.  Foreseeing the complexity of Judicial work and to be disposed of in a limited time frame, each Judge tries to interpret new techniques and methodology. But this would only be done with active participation of lawyers and other stake holders to place all possible material in a concise manner by avoiding delay tactics, both sides must be free from all possible corruption and corrupt practices. In achieving the desired goal; to curb/safe guard and protect the source of delay; it is necessary that judicial education be imparted to Judges and Lawyers by carefully planning training and research programs to be implemented under the supervision of renowned Jurists and Academicians to reform Judicial system and to restore confidence in public at large. To ease out the situation, the previous government in collaboration with the Asian Development Bank launched an ambitious program of Judicial reforms under umbrella project of “Access to Justice Program”. During its implementation, it was deliberated to provide infrastructural facilities including court houses, residential accommodation to Judicial Officers. Furthermore, launching an effective delay reduction program by establishing Pilot Courts in three provinces, where pend-ency was phenomenal. Training programs were launched and court houses were equipped with modern day gadgetry including computers and networking while funds were made available through Access to Justice Development Fund  for meeting with all exigencies. Substantive efforts were made for integration, identity and penetration of new legal concepts as such training will enhance the capability of stake holders to handle the problems effectively. Another aspect for addressing this problem is by simplifying the present procedural law as well as to minimize different types of legislation’s, creating different type of Courts. The state has to provide inexpensive and expeditious justice to citizens, in doing that, the judiciary plays an important role for its enforcement with the assistance of the other stake holders.  “Access to Justice Program” provided forums for settlement of disputes at local level under the “Small Claims and Minor Offences Courts Ordinance, 2002”. The police department has to play a pivotal role for providing security environment for peaceful social, political and economic development. The Police Order provides a forum for punishment to the police officers guilty of certain types of misconduct on their part. Additional accountability forum was created at all functional levels by the designation of Public Safety Commission.