- Promise unfulfilled?
Ever since Mr Justice Asif Saeed Khosa was sworn in as Chief Justice of Pakistan, a ray of hope ran through the legal fraternity with most foreseeing judicial reforms imminent. Known for his quick and merit-based, fearless, decision making, Chief Justice Khosa ignited a light in the hearts of the litigants facing the brunt of the slow moving judicial process in our country.
Unfortunately, it’s been six months since the incumbent CJP took oath of office and we are yet to see a lasting change made in the lower judiciary. No doubt the decision making of the Supreme Court has improved and each passing day a significant number of cases are decided and disposed of. However, as the head of the judiciary in the country, the CJP is not only responsible to oversee effective disposal in the highest court of the land but is also duty-bound to monitor the progress of the subordinate courts. The common litigants fighting for their rightful share are yet to feel the difference.
The lower judiciary remains as indifferent as ever, completely unwilling to work diligently. Adjournment remains the rule of the day with most cases being postponed due to one or more extraneous reason. Those who do make an effort to work lack the intellectual capacity to interpret complex legal propositions and look up to the superior courts to develop law in a particular matter. I have personally witnessed judges passing frivolous orders and then asking the counsel to challenge the same before the superior courts so as to seek guidance for the future.
For years, a matter remains pending on initial stages and yet the judges are unwilling to stand their ground and pass judgement fearlessly. Some are even unwilling to pay heed to the command of the law and continue to do as they please. The absence of a merit-based promotion and review system creates room for the audacity to ignore the dictates of the law as well as the superior courts. The CJP is yet to visit any of the lower courts to see for himself the plight of the common man.
Despite the rewriting of criminal jurisprudence, CJP Khosa will not be remembered for his significant contribution to the development of law but rather the sorry state of the judiciary he leaves behind will be attributed to him
Some of the steps were taken, only to be recalled owing to pressure from the Bar. It would be more prudent if the opinion of the Bar was taken before reaching a decision, as opposed to deciding, acting and retracting. We are quite far from calling ourselves a developed and able judicial system. The irony remains; litigation outlives the litigant quite often. Two to three generations go through the process initiated by an elder.
Thousands of innocents remain incarcerated owing to false cases or testimonies against them with no light of freedom in sight. Even the seemingly fast-track Supreme Court has a pendency level which is unmatched. We do not need to repeat the famous legal maxim ‘justice delayed is justice denied’ every time to woo the judiciary forward. Almost each and every judicial officer in the country is well aware and is yet quite indifferent.
With months left in Mr Justice Khosa’s tenure as CJP, it is imperative that he actively move forward in order to ease the sufferings of the common man and implement some of his wildly speculated policies. Whilst he’s at it, a performance-based system for the judges of the High Courts should also be on the agenda. Those who are incapable of rendering decisions should best be sent home rather than causing distress to a thousand others.
It is even more unfortunate that the basic trial proceedings have to be conducted in the very same lower courts whose state is deplorable. The mode and manner in which proceedings are conducted merits immediate intervention by the supervisors, a task they are constitutionally bound to undertake. Many have donned the robes with a promise to bring about a change, yet failed to keep their word. The previous tenure was turbulent in its own way with no change in the judicial setting of any sort.
CJP Khosa tends to be different in his own way. Even his literary rulings are unique in their own way. In spite of his own way of dealing with matters before him, he hasn’t proven himself to be a different leader than his predecessors. I’d daresay, Chief Justice Mansoor Ali Shah’s reforms in the Lahore High Court were more judicious and commendable. The computerized system in the lower courts has paved way for a more effective recordkeeping mechanism. Since 2017 onwards, tracing the institution of a case is possible with a few strokes on the computer instead of the hours spent sifting through old log registers. Similarly, the computerized marking of cases in the Lahore High Court also improved the situation to some extent.
Although, the Supreme Court under the incumbent CJP has resorted to technology in order to take up cases in Islamabad which can be pleaded via video link in any of the SC registries. However, Mr Justice Khosa is yet to play his masterstroke and unveil judicial reforms that would receive applause across the board. Not only the applause but the plight of the litigants would improve significantly, if the Supreme Court judges were to take personal interest in revamping their subordinates. A man is remembered from the last days in his office, not his last. Despite the rewriting of criminal jurisprudence, CJP Khosa will not be remembered for his significant contribution to the development of law but rather the sorry state of the judiciary he leaves behind will be attributed to him. Ex-CJP Saqib Nisar, despite his contribution to the development of civil jurisprudence, is only remembered for his disastrous escapades during the end of his tenure.
It would be most unfortunate if another judicial sailor was to hang the robes at the end of this year, leaving behind the ship sailing through turbulent waters. The ship has endured much since its creation. Unless mended soon, the mast would remain high but the ship itself would find itself at the bottom of the sea of cases. The captain only has a few months to alter his course and steer the judicial ship towards prosperity.