Coping with a backlog

LAHORE: Despite the hectic efforts on the part of the judiciary to expedite disposal of cases, over 2 million cases are pending in the courts at all levels – from superior courts to the district courts.

As many as 2,147,788 cases are collectively pending before the Supreme Court, the five provincial high courts, the Federal Shariat Court, district judiciary of all four provinces as well as that of the federal capital territory, revealed a report prepared by the Justice and Law Commission of Pakistan.

Out of these, 393,155 cases are pending before the Supreme Court and high courts of the country while 1,754,633 cases are pending before the district judiciary of the four provinces and the federal capital.

53,093 cases of all categories are pending in the Supreme Court.

In January 2021, 46,695 cases were being heard in the highest court of the country. Some 16,619 new cases were instituted from January to November 30.  However, the apex court only decided 11,158 cases in the 11 months. Currently, the SC is operating with only 15 judges with two posts lying vacant.

The Lahore High Court (LHC) is the biggest high court of the country as it deals with almost half the population of the country living in Punjab. A whopping 189,758 cases are pending in the LHC.

At the beginning of this year, 188,176 cases were pending in the LHC. This figure soared to 325,307 with the addition of 135,549 news cases. The 50 judges of the LHC disposed of 133,972 cases in 11 months, preventing the cases from snowballing.

The LHC has a sanctioned strength of 60 judges but only 48 judges are working at its principle and three territorial benches, operating in Rawalpindi, Multan and Bahawalpur.

In Punjab’s subordinate courts of 37 districts, 1,314,216 civil, criminal and family cases are pending.

At the start of 2021, 1,372,879 cases were pending in Punjab district courts and a huge number of 2,621,083 new cases were filed but the over two thousand judicial officers disposed of 2,695,933 cases in the first 11 months of 2021. The Punjab district judiciary has a sanctioned strength of 2,364 judges; however, only 1,616 judges are working right now with 748 positions vacant.

Sindh courts

As many as 84,318 cases are still pending in the Sindh High Court (SHC). The SHC entered into 2021 with a backlog of 81,684 while 31,159 new cases were filed till end of November. Thirty six (36) judges of the SHC decided 28,627 cases during this period.

The SHC has a sanctioned strength of 40 judges but six posts are vacant.

The number of pending cases in the district judiciary touched 116,105 whereas at the start of 2021, the figure stood at 115,815. During the first 11 months, 318,719 fresh cases were instituted and the 568 judicial officers disposed of a large number of 318,935 cases.  The total strength of Sindh judicial offices is 622. Fifty four (54) vacancies are yet to be filled.

KP courts

There are 44,496 cases pending in the Peshawar High Court (PHC), Khyber Pakhtunkhwa’s (KP) high court.  It was hearing 41,042 cases on January 1, 2021 while 21,884 new cases were filed in the PHC in the last 11 months. The court decided the fate of 18,432 cases during this period.

The PHC should have a total of 20 judges but is five judges short from the sanctioned number.

The number of cases pending in the KP district courts have amounted to 257,206. Surprisingly, this figure is more than double the cases pending in Sindh, which is the second largest province in terms of population.

463,806 new cases were filed in KP district court and 439,689 were disposed of in the first 11 months of 2021. The number of judges appointed in the district courts is 596 while 124 seats are yet to be filled.

Balochistan courts

3,910 cases are pending in the Balochistan High Court (BHC) while the number of cases pending at the beginning of 2021 was 4,194.  6,418 new appeals were filed in the BHC which has a sanctioned strength of 15 judges. However, five positions are vacant. The BHC disposed of 6,700 cases in 11 months.

A total of 16,006 cases are pending before the provincial district judiciary. 54,160 new cases were instituted from January till November 2021 and 208 judicial officers decided 54,191 cases. The sanctioned strength of Balochistan district judiciary is 270 but it is short of 62 judges.

Islamabad courts

17,414 cases are pending in the Islamabad High Court (IHC). 8,596 new appeals were filed in the last 11 months. The IHC has decided 7,150 cases since January 2021. The IHC has only one vacancy for a judge that needs to be filled.

51,100 cases are pending at the district judiciary of Islamabad with 83,080 new cases filed in the last 11 months. The district judiciary disposed of 80,289 cases.

The district judiciary should have 103 judges but 33 positions are vacant. In total, 1,048 posts of judges lie vacant in district and high courts across the country.

Only 166 cases are pending before the Federal Shariat Court. 178 cases were pending at the start of 2021 and it decided 114 during the 11 month. During this period, 102 fresh appeals were filed.

Why this delay

Supreme Court Bar Association President Ahsan Bhoon said the cases are wrapped up at a snail’s pace.

“In most cases of civil nature, the parties die during long litigations and the descendants go from pillar to post in search of justice. The appeals are decided quickly as compared to main cases because recording of evidence is a painful stage for the parties,” he added.

Bhoon said the practice of constituting two-member benches in high courts should be minimized, suggesting that a single bench would help clear the backlog of cases speedily.

Lahore High Court Bar Association President Maqsood Buttar said people take advantage of legal hiccups and flaws in the procedural laws which result in inordinate delay in disposal of cases.

“People are undergoing terrible hardships in search of seedy justice. It is the duty of the bar and the bench to sit together and devise a framework for the common litigants.”

Syed Sajjad Haider, a seasoned lawyer, said the defendants’ lawyers usually try to decelerate the process at the evidence stage and witnesses have to wait the whole day long in the courts.

He said amendments had been introduced in the civil procedural law but the judges had miserably failed to enforce them in letter and spirit.

Haider said a civil case was decided after a period of 10 years and his client was excited but unfortunately, the very next day one of the parties to the case got a stay order from another court. “[Now the case in question] would remain pending for another 10 years,” he added.

Chaudhry Shafiq, a jurist, said the rising number of pending cases in courts could also be viewed in a positive light, adding that it reflects the masses’ growing trust in Pakistan’s judiciary. “If judges were to announce a timeframe for the case’s disposal then it would leave the judicial process incomplete.”

He said judicial officers didn’t have sound expertise over a legal matter, owing to which their verdicts are challenged. Often the clients also adopt delaying tactics to stall verdicts of cases.

Shafiq said it is the paramount duty of the bench and the bar to work for dispensation of speedy justice. The time demands for making good for the damages done in the past and to restore the people’s confidence in the judiciary.

“No doubt the task ahead is daunting and full of thorns, but hopefully Chief Justice of Pakistan Gulzar Ahmed along with his team and the bar would be able to overcome the problems,” he added.

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