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Tuesday, April 21, 2009

Back in the Saddle

CHIEF Justice Iftikhar Muhammad Chaudhary showing his concern over the huge pendency of cases has directed the judiciary for their quick disposal, in which connection the High Courts are also conducting a meeting with the District and Sessions judges in the next week. It is said that justice delayed is justice denied, so the justice should be provided without any delay. In the first place, our problem is not the pendency of cases but just decision of the case. It is usual with the High Courts to issue directions time by time regarding particular cases for their early disposal, but myself a lawyer I have seen how parties have to suffer on account of such directions which mostly result in miscarriage of justice. It so happens that once a direction case comes before the court, the court naturally gives more attention to its decision rather than going into factual and legal aspects of the case, which obviously results in the miscarriage of justice. Secondly, if the judge is a corrupt one, interested party can get a decision in its favor easily by greasing the judge’s palms. What is most required at this stage is an eradication of the evil of corruption from judiciary.

In order to keep check and control over the corruption, the High Courts can establish a sort of committee comprising honest officials. This has been done in the past and it bore fruits too. Corrupt practice can also be abolished by a regular shuffling of pending files among the courts so that a particular file may not remain in just one court. Then the High Courts can increase the number of civil judges and judicial magistrates at District and Tehsil level in order to cope with the pendency of suits, and also the High Courts can establish new benches to decide the pending cases at the appellate stage. Whereas new benches would reduce the number of pending cases, they will be also helpful to the common lot who has to travel from remote areas to pursue their case at the appellate stage. With the Chief Justice back in the saddle, a lot of improvement is expected.

1 comments:

Muhammad Asif said...

As You wrote "It is said that justice delayed is justice denied, so the justice should be provided without any delay". So people who are suffering from long time they are already facing Injustice and if their cases delayed further then it will be very hard for them. So in my opinon, cases should be decided as early as possible if any side will disagree they will go to the further courts.
Further I agree that in order to keep check and control over the corruption, the High Courts should establish a sort of committee comprising honest officials.