Legal reforms
By our correspondents
December 04, 2015
This refers to the news report, ‘PM sets up committee for legal reforms’ (December 1). Earlier, it was reported that the draft on legal reforms in the country’s criminal justice system would include the proposal to reduce the present multiple appellate forums in the judiciary. Abolishing one tier of courts at the district level may increase pendency in the higher judiciary where the strength of judges is low compared with their strength at the district level judiciary. It is, therefore, suggested that laws should be amended to only allow one chance for appeal and revision against the decision of the court of first instance to a litigant.
Moreover, the major cause of delay in the disposal of litigation is unnecessary adjournments. In almost all districts in KP, up to 10 percent of bar members are engaged in cases without any restriction on the number of briefs. In case they are engaged in any upper forum of the judiciary, a lower court is handicapped to grant adjournments. In order to avoid this situation, lawyers practising in the Supreme Court should be banned from taking cases at the district judiciary. Similarly, advocates practising at the high court should be banned from the courts of civil judges and judicial magistrates. This will not only lesson the burden on senior counsels but will also grant opportunities for younger lawyers. It is also suggested that all stakeholders, particularly the district judiciary, should be consulted before giving any approval to the reforms package.
Nawaz Torkhel
Battagram
Moreover, the major cause of delay in the disposal of litigation is unnecessary adjournments. In almost all districts in KP, up to 10 percent of bar members are engaged in cases without any restriction on the number of briefs. In case they are engaged in any upper forum of the judiciary, a lower court is handicapped to grant adjournments. In order to avoid this situation, lawyers practising in the Supreme Court should be banned from taking cases at the district judiciary. Similarly, advocates practising at the high court should be banned from the courts of civil judges and judicial magistrates. This will not only lesson the burden on senior counsels but will also grant opportunities for younger lawyers. It is also suggested that all stakeholders, particularly the district judiciary, should be consulted before giving any approval to the reforms package.
Nawaz Torkhel
Battagram
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