pakistan8217s courts running

Pakistan’s Courts Are Running Out of Time

By Qashf Aizdi

Justice delayed is justice denied. This phrase has become almost cliché in Pakistan and it unfortunately remains painfully true for millions of litigants who are waiting for their day in court. Every year hundreds of new cases are filed while thousands remain undecided and as a result courtrooms continue to grow more congested and hearings become more infrequent. The unfortunate consequence is that justice moves further out of reach. Time is perhaps the only thing Pakistan’s justice system can no longer afford to lose.

The scale of the crisis is reflected in the numbers. According to the Judicial Statistics of Pakistan 2023, more than 2.25 million cases remain pending before courts of Pakistan. During the same year, 4.48 million new cases were instituted while 4.41 million were disposed of, resulting in a 5 percent increase in the overall backlog. The district judiciary alone accounts for 82 percent of all pending cases. With just over 3,100 working judges and judicial officers, each is responsible for more than 700 pending cases, even before accounting for the thousands of new cases filed every year. These figures do not suggest that Pakistan’s judges are idle; rather, they point to a justice system struggling to keep pace with an ever-growing caseload.

Civil disputes in Pakistan can often take 10 to 15 years and in some instances even longer, before reaching its conclusion. Court proceedings are routinely delayed by repeated adjournments, cumbersome procedures, paper-based case management and multiple tiers of appeal. Difficulties in serving notices, delays in recording evidence and frequent adjournment requests often leave litigants waiting months before their cases are heard again. Additionally, the consequences of delayed justice extend beyond the courtroom. By the time a case is finally decided, litigants find themselves in a morass of mounting legal costs, lost opportunities and prolonged uncertainty. Every adjournment adds to the financial and emotional burden borne by litigants. A favorable judgment delivered after years of litigation can never fully restore the time, financial stability or peace of mind that has already been obliterated.

Article 37(d) of the Constitution of Pakistan obliges the State to ensure inexpensive and expeditious justice. Yet, for many litigants, this constitutional promise often rings hollow. As mounting caseloads continue to overwhelm the judiciary, lengthy delays have become an accepted and vexatious feature of the legal system rather than an exception. Justice that arrives years too late often fails to provide meaningful relief.

The immediate explanation is ostensibly straightforward; the number of judges is insufficient to handle the growing caseload. Pakistan has one of the lowest judge-to-population ratios in the region, leaving judges responsible for hundreds and often thousands of matters. Yet the shortage of judges tells only part of the story. Addressing this crisis requires more than appointing additional judges; it demands a more comprehensive approach to resolving disputes. One such reform lies in the greater use of Alternative Dispute Resolution (ADR). Cases can be resolved out of court using processes like mediation and arbitration, whereby judges can focus on cases which require formal adjudication. Consequently, ADR works in conjunction with the courts in solving disputes outside of court.

The potential of ADR is perhaps best illustrated by the Morgah Valley dispute. Despite taking over 42 years to be settled via litigation, the same case took only two months to settle after being referred to mediation. Though not all disputes are suitable for mediation, this case is an example of the value that comes with the application of ADR at the right time. More importantly, it shows that timely justice is not an impossible ideal but an achievable one when the right mechanisms are used.

However, for countless litigants, delay remains the norm as the judiciary continues to grapple with overwhelming caseloads. Repeated adjournments leave litigants facing prolonged uncertainty and growing frustration. Cases pass from one generation to the next and some litigants never live to see the final outcome of disputes they initiated and fought for. Justice should not become an inheritance passed from parents to children. The longer that reform is postponed, the greater the cost to litigants, businesses and public confidence. Pakistan’s courts are running out of time and so are the people waiting for justice. If Pakistan is serious about fulfilling the constitutional vision embodied in Article 37(d) of the Constitution, reducing judicial delays can no longer remain an aspiration, it must become a national priority. Reforming the justice system will require efficient case management, greater use of appropriate dispute resolution mechanisms and a collective commitment to ensuring that justice is delivered when it is needed most. Until then, Pakistan’s courts will continue to run out of the one resource they cannot recover: time.

 

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