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Wednesday December 18, 2024

Swift justice is now policy

By Ansar Abbasi
February 01, 2018

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar-led National Judicial Policymaking Committee has issued new policy guidelines to the entire judiciary to check delays in court cases and get rid of mounting backlog.

These policy guidelines include the directions that stay orders, rent, succession and other such cases should be decided within a period of six months. The district judiciary has been told that after hearing the arguments in a case, the judgment should be passed within 30 days whereas for the high courts the judgment could not be reserved for more than three months.

Informed sources said that the NJPC in its last meeting also agreed to set up expert court/special dedicated courts which could decide special types of cases such as rent/ family/ child care etc. The committee also decided that in order to resolve dispute of general public in a timely and cost-efficient manner, alternate dispute resolution methods should be adopted.

The committee also emphasised the need for effectively using the information technology for decreasing the backlog of cases. The committee also sought improvement in the existing process of serving notices/summons etc to check delays.

The National Judicial Policymaking Committee last met on January 13 in Karachi and is meeting again on February 3 (Saturday) to continue its deliberations on measures being taken to check delays in courtcases besides getting rid of the huge backlog.

Informed sources told The News that in view of what has already been discussed and decided, the entire judiciary has been conveyed: a) the district judiciary, after hearing arguments, should pass judgments within 30 days and the high courts within three months; b) the courts should discourage rehearing of cases; c) rent, succession and other such cases to be decided within six months; d) cases in which stay orders have been given should be decided within six months.

The NJPC also decided: reforms to be introduced in the judicial sector for provision of quick justice to the people of Pakistan; directions issued to all segments of judiciary to work with utmost dedication to address the problem of delay in disposal of cases and to clear backlog within available recourses; Parliament urged to upgrade the laws according to present needs; expert court/special dedicated courts should be formed which could decide special types of cases such as rent/family/child care etc. The trial courts should decide cases in accordance with law in order to decrease load on higher courts; the high courts should continuously monitor the district judiciary for grasping the reasons of delays in subordinate courts and to resolve the same within available resources; dispute of general public could be resolved in a timely and cost-efficient manner by adopting alternate dispute resolution methods; on the basis of population, the judge-to-case ratio requires improvement; for improvement in criminal justice system the standards of investigation and prosecution agencies requires improvement; the judicial academies require upgradation for training of judges; bench books should be published for judges for ready reference to basic principles of civil and criminal laws; information technology should effectively be used for decreasing the backlog of cases; process of serving notices/summons etc requires improvement for decreasing delays reduction; the high courts should reactivate provincial justices committees besides monitoring the performance of administrative tribunals/special courts for quick disposal.