- Chief Justice Khosa’s laudable crusade against cases’ backlog
On assuming office as 26th Chief Justice of Pakistan in January 2019, the top judge made no bones about the central purpose and foremost goal of his 11-month tenure, which ends on December 20. From day one, the emphasis was on speedily clearing the huge logjam of pending cases in courts of all tiers across the country, and this litigant-friendly judicial policy has been vigorously pursued with unwavering commitment, despite inherent and ingrained flaws in the criminal justice system. A serious reformer in any field of endeavour faces a daunting task when obliged to operate in a petrified, status-quo favouring environment, dominated by incorrigible, powerful vested interests, but Chief Justice Khosa in only three months in the job has already made a profound impact, making his presence, prowess and policies felt in no uncertain manner.
Suo motu cases and judicial activism are no longer the apex court fetish, frivolous litigation is frowned upon, penalties on fake professional witnesses and false testimonies are being made prohibitive, the principle of separation of judiciary and executive is carefully observed, and poor performance of courts and police incompetence are publicly highlighted and rebuked. Model courts, with strict trial schedules, are being set up in every district to provide swift and inexpensive, but also well considered, justice, on daily basis, without adjournments, with timely witness presence duly secured. Those already in operation are performing quite fruitfully. Reportedly, on Saturday the CJP remarked that 3,000 judges across Pakistan announced verdicts in 3.4 million cases last year while the Supreme Court alone decided 26,000 cases, whereas the figure for the Supreme Courts of USA and UK was about 100 cases a year. Still, one cannot rest on these laurels or show complacency, but indeed intensify efforts towards parliamentary reforms and governmental prioritisation of judicial policies, fixing definite timelines for deciding cases, increasing judges’ strength (it would be money well spent), better monitoring and regular review of the justice system, streamlining police efficiency, and bench and bar harmony. Thousands of cases can be resolved at district level outside the courts under the Police Complaint Redressal Mechanism, with the various bars’ acquiescence. Long delayed judicial overhaul and its rationalisation are essential.
