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Sajjad Ahmed Rustamani

Delays, Deficits, and the District Courts

Published on: July 28, 2025 3:28 AM

July 28, 2025 by Sajjad Ahmed Rustamani

The district judiciary in Pakistan is the backbone of the judicial system, handling over 90 per cent of the country’s litigation. It is the first forum where ordinary citizens seek justice. Despite its fundamental role in ensuring the rule of law and access to justice, the district judiciary faces a multitude of persistent and complex challenges. These challenges have far-reaching implications, not only for litigants and legal professionals, but for the broader fabric of governance and public trust in institutions.

One of the foremost issues plaguing the district judiciary is the overwhelming backlog of cases. Courts across the country are burdened with hundreds of thousands of pending cases. A single judge often hears dozens of matters in a day, which significantly limits the time and attention that can be devoted to each case. This backlog is not simply the result of a high volume of litigation, but is also driven by procedural inefficiencies, frequent adjournments, lack of proper case management, and insufficient use of technology. The consequence is delayed justice, which often translates into denied justice for many who cannot afford prolonged legal battles.

Judges are sometimes unfairly blamed for releasing criminals when, in fact, the fault lies in inadequate evidence or flawed procedures.

Linked to the backlog is the problem of understaffing. The number of judges in the district courts is woefully insufficient to meet the demands of a growing population. Recruitment processes are often slow, and there are frequent delays in appointments. Even when judges are appointed, they are expected to operate under intense pressure, with inadequate clerical and research support. Many judicial officers also lack proper security and have to work under constant stress, especially in sensitive criminal cases where threats from litigants or political actors are common. This pressure impacts the quality of decision-making and deters many capable lawyers from joining the bench.

Another serious concern is the inadequacy of infrastructure in district courts. In many districts, court buildings are in a state of disrepair. Basic facilities such as clean drinking water, separate waiting areas for men and women, or functional restrooms are often missing. Judges have to share chambers or work from poorly ventilated rooms with outdated furniture. This physical environment does not reflect the dignity or seriousness of a court of law and often undermines the morale of judicial officers and litigants alike. Furthermore, the lack of digitisation means that files are stored manually, making it easy for documents to be misplaced or tampered with.

The training and professional development of judges is another area that needs urgent attention. Although judicial academies provide basic training to new judges, continuous learning and specialised education in complex legal areas such as cybercrime, banking law, environmental law, and gender-based violence are lacking. As the nature of legal disputes evolves with time, so must the capacity of those adjudicating them. Many judicial officers are promoted based on seniority rather than performance, which does not incentivise excellence or innovation. Furthermore, little attention is paid to developing judges’ skills in alternative dispute resolution, mediation, and negotiation – mechanisms that could significantly reduce the burden on the formal court system.

The behaviour and attitude of court staff, lawyers, and sometimes even judges themselves are often a source of discomfort and frustration for litigants. Courtrooms are frequently dominated by lawyers who rely on procedural tactics to delay proceedings or confuse less educated litigants. Some legal professionals are known to manipulate the system by filing frivolous applications, harassing witnesses, or intimidating weaker parties. Judicial officers, overwhelmed by workload or influenced by biases, may not always intervene effectively to uphold fairness. These cultural issues are as damaging as structural deficiencies because they corrode the public’s perception of the judiciary as a neutral and dignified institution.

Gender disparity is another challenge in the district judiciary. Although there has been a rise in the number of female judges, particularly at the civil judge and magistrate levels, their representation remains low in senior positions. Female judges often face discrimination, a lack of mentorship, and inadequate facilities such as separate chambers or rest areas. In addition, women litigants frequently face harassment and discomfort within the premises of courts, which discourages them from pursuing legal redress. The judiciary must adopt a more gender-sensitive approach in its operations and environment.

Moreover, the relationship between the district judiciary and other institutions, especially the police and prosecution, is often strained. Effective dispensation of justice in criminal cases depends on proper coordination between these organs. However, poor investigation practices, lack of training among police personnel, and weak prosecution often result in acquittals even in serious cases. Judges are sometimes unfairly blamed for releasing criminals when, in fact, the fault lies in inadequate evidence or flawed procedures. Without reforming the justice delivery chain as a whole, holding only the judiciary accountable is neither fair nor productive.

Lastly, political interference continues to be a subtle but potent threat to the independence of the district judiciary. In certain regions, judicial postings and promotions are influenced by political connections. Judges who refuse to toe the line may find themselves transferred or sidelined. This undermines not only the independence of individual judges but also the integrity of the institution. If judges are to make bold and fair decisions, especially in cases involving influential parties, they must be guaranteed protection from external pressures and undue influence.

In sum, the district judiciary is caught in a web of systemic, institutional, and cultural challenges. While there are many hardworking and honest judges striving to uphold justice, they operate in an environment that is often unsupportive, under-resourced, and politically sensitive. Reforming the district judiciary requires a holistic and long-term approach. This includes increasing the number of judges, improving court infrastructure, investing in technology, enhancing training, enforcing strict accountability, reducing political interference, and creating a more respectful courtroom culture. The task is not easy, but the health of Pakistan’s democracy and the faith of its people in the rule of law depend on it. The judiciary, after all, is not just a pillar of the state – it is the very foundation upon which justice and equality stand.

The writer works at College Education Department, Government of Sindh.

Filed Under: Op-Ed

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