Daily Times

The global spread of Coronavirus seems to be the most serious crisis of our times. The next few weeks may reshape the collective consciousness of mankind and usher in a transformation–not only in healthcare but also in our justice systems. This crisis has seriously affected courts working worldwide. Different approaches are emerging in the justice sector to handle this catastrophe and protect the rights of the people.

Our Supreme Court (SC) has decided to hear “essential cases;” adopting certain precautionary measures. For example, only lawyers would appear before the court; the public would avoid visiting courts unless their attendance is required; a screening system has been introduced at the entrance gates of the SC. On the contrary, the UK Supreme Court has gone virtual. All cases would continue via web-based video conferences. Parties, their counsels and judges would participate in proceedings from different places. Proceedings would be made available to the public through the court’s website. Footage of the proceedings would also be available to view on demand. Likewise, courts are to move to virtual operations in New York City and Texas. The Indian Supreme Court has also announced there would be virtual courts in operation soon.

Covid-19 lockdown is testing the capacity of all institutions. Justice systems like ours, which are already suffering from a lack of resources, strikes and delays are under serious challenges. However, it presents the legal fraternity with an opportunity. There are two options. The first is to continue working conventionally and suffer the consequences in these times of crisis and thereafter. The second is to learn from the crisis and adopt technology to promote access to justice. I favour the second option.

We need to upgrade our justice system and drag our courts into the digital age with intensive education and training in legal information technology. We have to move as quickly as possible from paper-based to digital processes to save time and cost whilst maintaining access in the new context that we are facing. The court proceedings in Pakistan may also be conducted via teleconferences, Skype and video hearings.

Professor Richard Susskind from the University of Oxford sai that online dispute resolution was no longer a matter of science fiction: it was the need of the modern age and, in many contexts, already a reality. For example, in the UK, digital systems like e-Judiciary (an email and document management system that allows judges to access information and advice from any device), Digital Case System (an online system of sharing and reading documents in criminal cases that can be accessed from any location on any device by relevant professionals) and Click Share (a system for displaying evidence on large television screens in courts stored on or accessible from laptop computers of lawyers) have been experimented with successfully.

Our justice system should be accessible, convenient, inclusive, transparent, and non-discriminatory, especially for the marginalized sections of the society

With the advancement of AI, working remotely and communicating through digital platforms could also be a normal phenomenon in Pakistan. In this regard, the two areas may be prioritised. First, all procedures and hearings can be digitised. Second, courts processes and procedures should be simplified; there should be a uniform procedural code for civil cases and a common procedural regime for criminal cases. The Code of Civil Procedure, 1908, and the Code of Criminal Procedure, 1898, should be amended to move towards digital justice. Subject-specific procedures may also be developed for special courts and tribunals such as family courts, commercial courts and tax tribunals, etc.

Other countries are modernising their court procedures rapidly. For example, the UK has launched a robust project to introduce online courts. Lord Justice Fulford (Investigatory Powers Commissioner, UK) has said: “In an era in which many people conduct a large part of their lives using some kind of an electronic device, … the judiciary has got to enable how we conduct cases to match the expectations of the public.” It has been predicted that most civil disputes in the UK will be resolved through an online court by 2022. Worldwide improvements in e-dispute resolution provide examples for improvements in our justice sector.

With increasing access to technology and a higher level of literacy (as well as digital skills training), alongside adequate legal advice and support, Pakistan should move in the same direction. Our justice system should be accessible, convenient, inclusive, transparent, and non-discriminatory, especially for the marginalized sections of the society like women, children, and minorities. Improving both traditional and digital literacy goes hand-in-hand with improving e-justice.

The temporary measures advised by the SC in the wake of Covid-19 are appreciable. However, to introduce long-term reforms, the National Judicial (Policy Making) Committee – a body of all chief justices charged with bringing judicial reforms in the country – should establish an advisory board of leading experts in legal information technology and IT. This board should keep our justice system under constant review and advise on how it should be improved, particularly regarding online dispute resolution in civil and criminal cases. To facilitate buy-in from Pakistan’s legal fraternity, Section 3 of the National Judicial (Policy Making) Committee Ordinance, 2002 should also be amended to provide representation to national and provincial bar councils.

A pilot internet-based court service (‘Online Court’) should also be established to encourage digital justice. The lessons from this pilot project could be applied in other courts and tribunals such as civil courts, family courts and tax tribunals. The impact of such projects should, of course, be assessed, periodically, to upgrade our online processes and procedures. For example, the private data of citizens collected through online systems must be strongly protected.

In a nutshell, justice-sector reforms should provide increased access to e-justice, enabling citizens to get their disputes resolved more conveniently and quickly. Litigants should engage with online proceedings that ensure, first and foremost, procedural fairness. To do this, online procedures must integrate the role of judges and lawyers in a meaningful way. This will strengthen our justice sector and enhance the capacity of our country to meet the global crisis, including, in the first instance, the crisis growing out of our encounter with the Covid-19 virus.

The writer is the Managing Partner of the Jurist Panel