[wp_ad_camp_1] Early Disposal of Cases in Subordinate Courts is a Far Cry
By Zaib Azkaar Hussain
Karachi
Early disposal of thousands of cases pending with the subordinate courts is still a far cry due to one or another reasons.
In Karachi the City Courts Building that has a large number of courts in it has a lot of issues not on the part of the judiciary but on the part of the administration.
The Sindh High Court (SHC) that is responsible to look into the matters of lower judiciary in order to guide and supervise the judges, seems always vigilant and caring to resolve the problems.
Almost all judicial heads took many effective steps to address the issues faced by the city courts building and to some extent a large number of pending cases were disposed of.
However the then chief justice had to take other judicial issues besides such as role of anti-terrorism courts (ATCs) and many other judicial bodies and forums. The lower judges were granted due facilities and opportunities regarding promotions on the basis of total number of cases and nature of passage of judgments on trials.
KBA plying its role effectively in assisting the judiciary: The rules set by the then judiciary head had worked effectively. However the role of representatives of the city lawyers under the umbrella of Karachi Bar Association (KBA) has played a very important part in assisting the judiciary to this effect.
The KBA office bearers had to face an immense pressure of their colleagues in handling the problem of early disposal of cases. A recent development can be cited in this regard when the matter of minor legal issues revolving around properties etc were considered to be an unnecessary burden on the corts and it should be decided administratively to save the time of court. The KBA had to face immense pressure of the lawyers who deal in this field as they saw a great financial loss in case of ignoring them by the clients and litigants. In this way the KBA had to no options but to raise voice for its lawyers because it is afterall duty bound to look into the financial benefits of its colleagues. It is obvious that as a whole the KBA has played remarkable role for the cause of democracy and healthy relationship and tied between the bar and the bench for the larger interest of the country, masses and litigants. It always stood thick and thin with the democratic forces and for the rule of law and supremacy of the judiciary in this country. It supported the central representative bodies such as Pakistan Bar Council, Sindh Bar Council, Supreme Court Bar Association and other bodies on genuine and all important legal and constitutional issues and also for the betterment of the legal fraternity.
However due to one or another technical reasons it had to oppose the total transfer of cases and courts from the City Courts building which relatively a very spacious building and has a large number of lower courts.
Another building called Malir Judicial Complex was set up long ago and the lower courts dealing with the total cases registered in the respective police stations of Malir, Landhi and others Malir police stations and also property issues and other legal matters belonging to Malir (District).
The transfer of cases and courts to this new building was once a great deal but finally the lawyers and administration and judiciary had handled the issue soberly. Later on a representative body of the lawyers used to work as Malir Bar Association (MBA).
The two representative bodies (the KBA and the MBA) both do work on important issues when an opportunity (critical time) comes and no doubt their joint efforts bring good results on serious matters facing by the lawyers.
: A senior lawyer and expert on law Advocate Shakeel Waheed says he was very hopeful about the resolution of issue of early disposal ads dozens of new able judges (that passed civil service examination) were taken on the lower judiciary. Waheed pointed out that junior judges including female judges were appointed in a sizeable quantity and he was sure that these trained judges and assistant judges would be able to less the burden of huge cases by hearing on regular and concluding them on regular basis.
Waheed agreed to the suggestion that hundreds of cases were being heard by a single court on daily basis. Due to this factor the advocates have less time to listen to their clients patiently and assist the courts properly in accordance with the legal aims of their clients and litigants.
Advocate Waheed said it needs appointments of more presiding officers and judges to lessen the burden of hearing of cases. He further said the shortage of courts’ staffs also cause delay in early disposal of cases. Still, there were dozens of courts that have no any judges and the matters were being entertained by the link-judges.
Once specious City Court Building getting congested: The five district courts are hearing thousands of cases, plaints, complaints and suits pertaining to charges of murders, robberies, kidnappings for ransom, target killings and street crimes etc. Almost all the courts of four districts (East, West, Central and South) have been adjusted at a single specious building (i.e the City Courts building). Once the building which was very specious now has become narrow due the setting up of a large number of courts. At times the administration desired to transfer courts from the same building but the KBA strongly opposed the transfer of huge cases on the grounds that it could cause a great hurdle for the litigants and lawyers to attend the courts from a central place to some deserted areas where the government had a plan to set up new courts. The KBA took a stand that the litigants and their pleaders (advocates) would have to suffer equally in reaching the new courts set up to some deserted areas from a central building. The building also provides a facility to the litigants to hire the services of any advocates (fairly registered with the KBA) for contesting their cases.
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