To stop the spread of the COVID-19 across the country, the government has preferred lockdown due to which schools, colleges and other educational institutions are closed. Working in offices is limited, and these are dealing with urgent matters. Therefore, much of the routine work is piled up. Likewise, proceedings of the regular court cases have been suspended, and only urgent matters are being taken up. The Honourable Supreme Court and High Courts have suspended their regular cause lists and only urgent matters are fixed for hearing. The Bar Councils have also suggested their members follow government’s SOPs for appearing before the courts in urgent matters owing to lockdown.
Safety measures are being adopted by Honourable High Courts while directions are issued to subordinate courts for the protection of litigants, lawyers, judges and paralegal staff. However, a huge workload has been piled up in all government service departments, for example, NADRA, Passport offices, Excise Department, Sub-Registrar Offices etc., for the renewal of CNICs, passports, licenses, and other necessities to make life in order. Likewise, there will be a great pressure of work on courts at the end of lockdown. As there is no cure available for the COVID-19, we have to follow social distancing as a precaution measure and may continue the normal affairs of life, including court proceedings.
The Pakistan Bar Council has also demanded the regular hearing of all matters and restoration of regular court proceedings. Given the aforementioned demand, new case management is to be adopted and followed in the courts, especially in District Courts, which are small courtrooms. The courts are already overburdened, whereas the pendency of cases has increased due to COVID-19. In this backdrop, the pre-lockdown case management becomes difficult as courts are overburdened with thousands of cases. Hence, the courts have to follow proper case management, which helps in quick and timely disposal of the cases i.e keeping cases in fast track, determining timeline, and fixing it stage-wise in the daily cause list.
Generally, every judicial officer follows his case and court management approach as per his capacity, techniques, and pendency. However, honourable high courts have drawn some criteria for ascertaining ratio and the number of disposal of cases. The post-lockdown case management will be more challenging as measures of social distancing along with a manifold increase in the cases are to be managed. There is a need for new case management, which has to be drawn and followed. For example, previously if there was pendency of about 1000 cases in a single court, it used to fix about 50 to 60 cases per day, but now it has to be minimised. These cases may be at different stages, which may include summoning, recording of evidence, hearing of arguments on stay or miscellaneous applications, the framing of issues, final arguments and pronouncement of orders or judgments in civil courts.
The post-lockdown case management will be more challenging as measures of social distancing along with a manifold increase in the cases are to be managed
In all fixed cases, at least four to six people appear. This number may increase in case the matter is fixed for evidence. There is a possibility of reaching several persons somewhere between 200 and 300 in the court where people have to wait for their turn. In major cities, there is less space in small courtrooms. Normally, 10 to 15 cases are fixed for the recording of evidence, and most people appear in that case. Therefore, the evidence can be recoded through appointing local commission as provided under Section 75 (a) & Order XXVI Civil Procedure Code, 1908, generally and under section 26C (7) (Subject to framing rules by high court) to the extent of Islamabad especially, though recent amendments were passed as an act to amend the Code of Civil Procedure 1908 on February 21, 2020, by the National Assembly whereby prescribed the manner of recording evidence through commission. The recording of evidence through commission will not only minimise the frequent appearance of a large number of people, including parties and their lawyers. However, it will give a financial benefit to the lawyers as well who have suffered financial hardships due to lockdown. The Bar Association can prepare the lists of competent young lawyers for the recording of evidence with the consent of parties so that commission is paid that can overcome the loss sustained during the lockdown.
Moreover, the option of online hearing of cases can be availed through video links in e-court via Skype, Google Meet and Zoom. The cases fixed for the summoning of evidence may not be called, and the next date may be given by the presiding officer after going through the status of service. In the case of the service of summons, the matter is kept for the appearance of the opponent party. Otherwise, a date may be given without waiting for the appearance of counsel or party with the next mode of service, even the new amendment permits, adopting all modes of service simultaneously. Case scheduling concept can be followed by settling the schedule of stage-wise hearing of cases with the consent of both the parties, so that only concerned lawyers may appear in pre-scheduled cases.
The criminal courts ought to fix the custody case of pensioners within 14 days with pre-scheduling of summoning of witnesses, eg the summons for witnesses is issued before one month. Separate lists having names of witnesses and cases title are sent to the concerned SHOs and SSPs for ensuring service of summons, so a court-wise list can be affixed on the notice board of court and barrooms for the information of litigants and lawyers so that they may come prepared for the trial of cases. These measures can be taken without legislation and sanctioning from authorities for a fair trial and quick decisions of the cases, keeping in view the SOPs of social distancing.
The writer is a senior civil judge at District East, Islamabad