Hampering speedy justice in courts

Recently, I got some opportunities to personally observe the proceedings in the courts, and feel that those who matter may take some stock of the things for the sake of the common man. I intend to share my observations and my feelings to find hope for justice. My observation is only about the prevailing proceedings and nothing about the intents of the courts. Hence, I hope and believe that this will not tantamount to any contempt of court.

A friend of mine went to a court against his employer in January 2011, which is a public sector enterprise. He was compelled to go to court to only save his job against utter injustices and irregularities. From then till now, for long 11 months, he is making rounds of the court to only get over the first stage, the “katcha peshi” in court’s language, which roughly stands for “pre-admission hearing”. What would happen if the case finally comes up for pre-admission hearing, after spending so much time, efforts, money, and not to say about the mental agony and continuous tussle with the injustice prone management, is any body’s wild guess.

After registering the case in January last, every effort was made to get a date for the “katcha peshi”. But for various reasons, the petition could not come up for the pre-admission hearing. The court is, no doubt, under some difficulties due to the fact that the Sindh High Court is heavily under-staffed as regards the judges. The SHC has an approved strength of 40 judges but is working with only about 10 judges. This is a real problem, but unfortunately and strangely, the lawyers and the media are conspicuously and dangerously silent on this matter.

Finally, the day came when the case was put up to the Division Bench of the High Court. The attorney of my friend was fully prepared and ready to face the bench but the representative and the attorney of the employer were absent even after court notice was duly served upon the respondent parties. So, the case went out for another month or more as another notice was issued for the next appearance. It was the same story on the next also.

May be, due to some problem in the process, the Court also conveniently ignored the arrogance and the trick of buying time by the respondents. Petitioners frequenting the courtrooms and their attorneys are of the view that there should have been some leverage used against such foul tactics of the respondents or any party.

Anyway, in this specific case, on the third call against the third notice, an attorney finally showed up only to tell the court that he needs time to submit the response/counter affidavit against the petition. And it took only a few seconds, after waiting of so many months, to complete the proceedings. It is amazing that there is so easy a way to delay the cases at the hands of unscrupulous elements.

Will the Chief Justice of Pakistan and the Chief Justices of the provinces kindly take notice of such practices, and take steps for some qualitative change in the process of proceedings, which in my opinion, would not only make getting justice easier for the justice seekers but also could largely reduce the burdens on the courts?

Will also please any concerned and knowledgeable persons/authorities, who keep interest on pro bono matters, take notice of such situation in the courtrooms of Pakistan?

A concerned Pakistani

Karachi