client during an ongoing meeting observed that though in theory, right to speedy trial was a constitutionally guaranteed fundamental right (2017 SCMR 1194), in his experience it appeared to have been honoured more in breach than in observance.

Delivery of justice in an effective manner, which includes its timely delivery, is not a problem specific to Pakistan or merely Third World countries. The problem is also faced in the developed countries but its magnitude is smaller. Further, in the developed countries, an effective system of costs imposed on the losing party deters frivolous litigation and even referral of the cases to actual trial by courts is considered undesirable as parties try to settle the dispute out of the court so as to obviate heavy costs involved in litigation.

In Pakistan, however, the problem has some other dimensions. It should be dealt here according to the exigencies of our social and historical circumstances.

Article 175 (3) of the constitution provides that the Judiciary shall be progressively separated from the Executive. This, however, does not imply that courts shall not deal with administrative and management issues of their own. As a matter of fact, the administrative and management work of the courts takes up the better part of their time that ought to have been devoted to judicial work: providing timely justice.

For example, the district and sessions judge is overly burdened. He has daily a heavy docket of cases for hearing parties, recording evidence, deciding cases and writing judgments. The administrative side of his functions comprises preparing annual confidential reports of subordinate judges, presiding over and attending numerous administrative committees and submitting routine reports to the high court. In addition, there are a host of management matters to be dealt with. These include signing papers for procuring stationery and furniture for the courtroom, approving a lease for a cycle-stand, making requests for repairs to the provincial Communications and Works Department after every monsoon, etc. This list is merely representative and by no means exhaustive. This heavy burden of responsibilities reminds one of the various super-human labours of Hercules—that too undertaken not as a historical fact but in mythology. Such a plethora of responsibilities undermines the best intentions and efforts of a judge to perform judicial tasks in an able and timely manner.

So, what may be done to ameliorate this crisis?

The possibility of separating the judicial and management functions may also be considered in the spirit of separating judicial and executive functions. In this way, unburdening the judges of managerial responsibilities will leave them valuable time to focus on their judicial functions and thus boost the overall efficiency of the judicial system.

First of all, if nothing else is to be done, then at least the judges should get proper training in management and administration. This training should be imparted at all stages. When the civil judges are inducted in judicial service and sent to judicial academies, the task of training in handling efficiently the administrative and management duties tied to their judicial functions must be made a part of their general training. In addition to that, other tiers of subordinate judiciary may be sent to the Lahore University of Management Sciences every one or two year for specially tailored courses of training for judicial officers in respect of their administrative and management side. Such training, as aforesaid, will equip the judicial officers with better tools and ideas for time saving in their administrative and management tasks.

The possibility of separating the judicial and management functions may also be considered in the spirit of separating judicial and executive functions. In this way, unburdening the judges of their current managerial responsibilities will leave them valuable time to focus on their judicial functions and thus boost the overall efficiency of the judicial system. For this purpose, the operation and management of court premises needs to be outsourced to professional third parties from the private sector having requisite capacities to discharge the obligations undertaken. Arrangements of such nature are known as operations and management contracts where at the end of each year, the performance of the assignee may be evaluated on the basis of agreed-upon targets. The remuneration of the assignee may be pre-determined or be negotiated at the end of each year on the basis of performance and targets achieved.

The purpose of focusing on judicial logistics and outsourcing managerial and operational functions to third parties is to allow the judiciary to concentrate more on the discharge of their core functions relating to hearing and deciding cases in a timely manner. This is only possible if judges are freed from the management tasks by ensuring that these tasks are being taken care of by professional people.

Another critical concern is the restoration and repair of our decrepit judicial infrastructure that includes the maintenance of relatively new judicial complexes. Even recently-constructed court premises in Lahore, Islamabad and Rawalpindi have fallen into an abject state and it has become virtually impossible to differentiate the old from the new. This, of course, may be attributed to poor management and oversight. The litigants coming to the courts from all over the district cannot feel dignified and comfortable while waiting for the hearing of their cases surrounded by dilapidated, crumbling and decaying structures. The solution here also appears to be outsourcing the repairs, upkeep and restoration of the court premises to professional third parties.

If these proposals are taken in earnest and implemented in the right spirit, the administration of justice in Pakistan will be strengthened and improved. It is expected that overall judicial efficiency will be enhanced resulting in restoration of public confidence and trust in the judicial system. We hope that expeditious and efficient delivery of justice will be a catalyst in advancing and establishing rule of law in Pakistan.

The writer is a former federal minister for law, justice and parliamentary affairs