Daily Times

In stark contrast to what daily mentions of our honourable judiciary in the national media may suggest, the bench has yet to address the backlog of cases gathering dust before it – even reaching a critical point – and does not have the time or space to dabble in judicial adventurism.

Despite a steadfast resolve shown by every single incumbent chief justice, the overwhelming number of pending cases continues as a serious concern, leading to delays in the delivery of justice to the citizens. With an eye on the excruciatingly slow wheels of justice, Justice Syed Mansoor Ali Shah proposed imposing costs on frivolous cases, in an attempt to deter the filing of unnecessary litigation. This move may help in reducing the burden on the judiciary, but simply discouraging those who still eye the judge’s gavel as the ultimate panacea for all their grievances is not enough.

There’s no denying how despite efforts to streamline the legal system, the backlog continues to grow, putting a strain on its resources and causing delays in the dispensation of justice. If more than 59,000 cases remain pending in the apex court, a historic high in the last seven decades, it takes little to estimate the situation in lower courts where frequent, unnecessary adjournments are the norm and judges perform, not per the constitution but their own whims.

According to a report in 2023, there has been a 3.9 per cent increase in pending cases, which have well crossed 2.26 million. Last month, the Chief Justice of Pakistan decided to deal with one most-cited reasons for the backlog – lengthy summer vacations taken by judges – and shortened the time provided to judges to recharge by one month. Because the courts are equipped with facilities to operate during the summers and we have had evidence from midnight melodramatic events in both Islamabad High Court and the Supreme Court, an effective schedule needs to be contemplated to ensure a more efficient functioning of the judiciary.

A recent decision to appoint ad hoc judges might prove to be another failed attempt to revive faith in the judiciary, which currently languishes at 130th rank on the Rule of Law Index if procedural rules are not substantiated to ensure those who don the black robe prioritise equality of law over selective justice. *