Essay: Judicial System of Pakistan
Outlines:
1. Introduction.
2. Government priority.
3. Basis of our judicial system.
4. Issues of judicial system of Pakistan.
5. Remedies.
6. Conclusion.
The Government has accorded priority to streamlining the judiciary, a step long-awaited and presently hailed by the masses. The public reposes confidence in the Government, due to its result-oriented policies, saved the country from economic collapse. It is true that the poor have not yet received the benefits of his policies and has promised that the masses will benefit financially in the near future.
Poverty alleviation is the government’s top priority. Fortunately, it has found time to address the core issue of rejonning judiciary, which needs a major surgery and blood transfusion to make it operational and more efficient.
Our judicial system, by and large, is based on laws prevalent during the imperialist days but modified to an extend under the Pakistan Penal Code to give them better cosmetic look. The system has failed to deliver, as it should have. For a poor man at the grass-root level a litigant goes in and out of court in the hope of getting quick justice. The common man
feels that as compared to a rich and Influential person he stands no chance to get a fair deal.
Justice is costly both In terms of lawyer fees end the court fees Imagine for a claim of rupees one lakh you have to cough out rupees 7,000 as court fee Can a poor man afford it, including the lawyer fee?
When we talk of revamping streamlining the system, we have to address the areas In which the system is bogged down due to practices that have impeded the flow of justice unhindered. The lawyers' community may be one party to consult but the major affectees are the litigants whose difficulties need to be assessed if any relief is to be given The consensus amongst the litigants at present is that they commit a blunder of knocking at the doors of justice.
Leave aside the delay in the finalisation of their cases, perpetual slogging m and out of the courtrooms with no list in sight at the other end of the tunnel makes them dejected and firings along a psychological pressure, which is nerve-wrecking. What then are the litigants
facing the problems?
On daily basis, a judge has to deal with 50 to 55 oases. He has eight duty hours-and with lunch and tea break he is left with seven working hours a day. For 50 cases, he can accord eight minutes per case if he works persistently, His reader selects 10 to 15 cases for detailed hearing on that day. The litigants left over are given another day which may extend to two months’ period. Now it is routine and seventy percent of the litigants move out of the courtroom dejected perhaps cursing the system.
A reasonable number of cases are assigned to tire judge so that he deals with the cases fairly. There is no value of the time of a litigant. He reports at 8 am and awaits a cal to go in. No one is bothered.
To get a case, adjourned is simple, Gough out some money to the reader and you get the adjournment for a period of your choice. Simple as that! Then there is the adjournment sought by the lawyer. This may be on flimsy grounds like absence of a witness, non-availability of a document, Anything that would impress the judge to give adjournment, there should be strict law that must be enforced.
A judge must reprimand a habitual lawyer who seeks adjournments. Very rare is a lawyer reprimanded In this aspect.
The standard of police investigations is well-known to everyone. Investigation cells have been created and this responsibility has been segregated from normal police duties. An ASI or a §ub-lnspector can hardly read an application in English. Investigation is an art that has to be learnt. The Police believe in third degree methods.
These are outdated and the Police blow its trumpet by getting forced confessions. The judges during trial can foresee faulty investigations and perforce they are compelled to let go a criminal due to lack of evidence. There should be an appropriate law to give desecration to the judges to punish if their conscience is satisfied that a concerned person has committed a crime. The police officials must undergo special investigation courses arranged by the, Ministry of Interior with Scotland Yard or the FBI.
A close cooperation with these set-ups will polish investigation techniques in vogue with our police force. Some Of high-ranking officials Of the level of ASP or SPs are detailed to attend such courses abroad.The judge when inducted in service attends a basic course to familiarise him with judicial procedures at Islamabad- Lahore Academy, Thereafter ng specialised training is imparted to him in his subsequent service to upgrade his professional skills.
The existing courtrooms give, a gloomy picture of environment within and around the court premises.. There are no adequate seating arrangements within the room. As a result, the litigants squat outside the courtroom sitting on the floor.
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