Judicial snags: much more needs to be done

Editorial Jan, 11 2023
Judicial snags: much more needs to be done
  • 191
  • 0

There is no denying that our legal system is marred by undue delays and snags. Cases run for years and years with no sight of decisions. Sometime the decisions are delivered when the accused are no more. However, off late our legal gurus have also started taking note of these snags. On Monday, the country’s superior Court said that a detained accused should not suffer in case the lawyer fighting his case goes on strike.

This clause is an integral part of the just-enacted ‘Canons of Professional Conduct and Etiquette of Advocates’ by the Pakistan Bar Council (PBC.

It clearly says that  an advocates  is bound to  appear in court when the case is called’ and if the lawyer is not available on the due date, then he should make satisfactory alternative arrangements’,” said Justice Qazi Faez Isa in a welcome decision on Monday.

One hopes that more such steps are needed to update our legal system so that justice is not delayed.

Justice Isa has rightly observed that an accused should have access to the protection of law’ and if lawyers are absent from courts, then the accused person is deprived of constitutional right.

This is a welcome decision by the SC but more such steps need to be done to safeguard the rights of the accused.

Sadly,  snags have become an integral part of our justice system which needs a total revamp.

As a matter of fact, it the duty of  the courts to not allow themselves to be hoodwinked by police, the govt authorities or the influential in our society.

The huge backlog of cases at judicial forums is another aspect that points to the slow proceedings in the courts.

In 2019, the then Chief Justice of Pakistan had declared reducing the large number of unsettled cases as his top priority. Model courts were set up and e-courts introduced to make the disposal of cases more timely and hassle-free but all in vain.

The slow procedures due to loopholes within the proceedings and slow disposal of cases tend to muddy the credibility of our judicial system.

Our criminal justice system is extremely slow due to which is becomes ineffective as justice is delayed beyond limits.

Even the young offenders are unable to get justice due to this huge backlog of cases.

On the other hand, it has been noticed that criminals arrested by the LEAs  exploit the loopholes in the legal proceedings to their own benefit and are set free by courts due to lack of evidence or on technical basis.

This results in lowering the morale of the morale of the LEAs as it has been claimed by the officials from LEAs on many occasions that they make arrest of criminals red-handed but they are later set free by the courts due to lack of evident or on a technical basis.

Recently, the International World Justice Project also flayed our justice system in its report which is not a good omen for our legal system.

Generally speaking, the masses are unsatisfied with the prevailing justice system which is marked by long delays and proceedings due which they have lost faith in the judicial system.

As said justice delayed is justice denied. The same applies to our justice system. Time has come to revamp and reform our judicial system before it is too late.

For effective and positive changes in the law system and for quick dispensation of justice, both the Govt and legal fraternity need to come on one page as it is a matter of legal reforms and not something that can be introduced without discussing the various aspects of the existing law system which is marked by snags and snail’s pace due to which the cases which can be decided in weeks, take years rather decades due to slow procedures of the legal course.

The most vulnerable segments of the society are the poor, the less privileged especially women and children who need quick and easy access to justice, but the same is denied to them in the current legal set up.

Recently, the government introduced some reforms but, the legal fraternity had termed these reforms as hastily introduced without taking their opinion into considerations as they allege that the government did not consult them on the issue.

If that be the case, the government should invite the legal fraternity to give their feedback on the reforms and come to viable solution, so that the reforms which are introduced for the sake of early dispensation of justice should serve the purpose and not turn into a tussle between the two sides.

The sweeping amendments should be made in a way to ensure the delivery of speedy justice and simplify the procedures in a way to benefit the victims. And that should be the motto of both the sides.

It may be mentioned here that Supreme Court Bar Association  has termed the newly introduced reforms as devoid of  legal requirements, demanding a broad-based consultations with a to making the said reforms more effective, practical and also cost effective to make it easy for the common man to knock at the doors of  courts to seek justice.

On the other hand, we also need to restructure and revamp the decades-old police system, and the investigating in-charge should be a learned person, knowing the pros and cons of law. As simple as that.

Published in The Daily National Courier, January, 11 2023

Like Business on Facebook, follow @DailyNCourier on Twitter to stay informed and join in the conversation.

NC Desk
NC Desk https://www.dailynationalcourier.com/author/nc-desk
Daily National Courier is a leading morning English newspaper of twelve pages covering all international and national political developments on 24/7 basis.

NC Big Stories

Army Chief reiterates resolve to thwart nefarious designs of inimical elements

PESHAWAR: Amid rising terror incidents in Pakistan, Chief of Army Staff (COAS) General Asim Munir yesterday reiterated the army’s firm resolve to eradicate the illegal spectrum undermining national security, a statement from the military’...

PM Shehbaz forms panel to end PPP-PML-N rift

ISLAMABAD: Following PPP Chairman Bilawal Bhutto Zardari’s complaints against the incumbent government, Prime Minister Shehbaz Sharif has constituted a committee to resolve the issues between Pakistan Muslim League-Nawaz (PML-N) and Pakistan Pe...

Federal Ombudsman chairs 'open court' in District Central

KARACHI: An open court was held at the Deputy Commissioner's Office, Central Karachi, under the chairmanship of Federal Ombudsman Syed Anwar Haider. Deputy Commissioner Central Taha Saleem, Additional Deputy Commissioners Asim Siddiqui and Dr. Saira...

Hina Bayat discusses rising divorce rates

Hina Bayat Khawaja is one of Pakistan’s most beloved and versatile actresses, known for her insightful opinions and candid approach to life. Having enjoyed a successful career, she is highly regarded, and her views carry significant weight. Hin...

More like this
Related

Clear signs of improvement

It is welcome to note that the upward spiral by the Pakistan Stock Exchange is continuing. A clear sign of investors' confidence in the country's future is that the KSE Hundred Index hit a national all-time high at the end of the business week on Fri...

Terror wave intensifies

On Satuday, the Cadet Arifullah Shaheed, who was going to become a second lieutenant in the Pakistan Army after a few months, had come to his native place in Lakki Marwat on training leave and then came from home to pray at the mosque and there he pr...

Gradually on the path to recovery

It is welcome to note that despite the difficulties faced and uncertainty regarding the future, the the national economy is gradually on the path of recovery. These include deduction in inflation, interest rates and inflation, inflow of remittances f...

Awareness is the key

An estimated 42 thousand females in Pakistan fall victim to the deadly disease every year which is high among Asian countries. Though it can afflict women of any age, it is most common among women over 40 years of age. Therefore, medical experts adv...
Need Help? Chat with us