Justice Delayed …

Justice delayed is justice denied. There is good reason to believe that the hounourable judiciary in Pakistan also strongly believes in the concept. The only problem is that when Pakistan’s judiciary goes on a 90-day leave every year, justice is certainly denied to thousands of litigants all over the country and at all levels. This kind of leave occurs in no major country in the world. Pakistan is a democracy and the world’s 5th largest country by population but its common people do not have easy access to justice. Cases are simply piling up by the day in every court, whether at the district level, at high court level or the Supreme Court.

The annual working days of judges are just about 200, while in all other walks of life, whether in the public or private sector, the maximum number of leave days are 30 or even less. Students, when their institutions are holding classes, close for not more than two months in harsh climates (hot summers or cold winters). The only section of society which gets 90 days leave is that of women who go on maternity leave to recover from childbirth and nurture the new-born. The judges are neither students nor women (at least the vast majority of them) but they take 90 days off every year, apparently, because the workload they are required to bear in the remaining nine months is, according to them, immense. Such long leave is not demanded by doctors, civil servants, air traffic controllers, soldiers, policemen and the list goes on. If the judges want long leave, the basic question is that can a country like Pakistan afford it? As stated in the foregoing, the number of pending cases in the country’s courts is piling up and there is no relief in sight. There are many problems that afflict the country and the common man’s access to justice is one of them. In this situation, the judiciary needs to work overtime rather than leave a long blank. When the judiciary goes on its 90-day leave, where does the poor man go, because he forsakes his work to lodge a court case or attend to hearings?

Along with other matters, a separate ‘Judicial Service of Pakistan’ needs to be created within the Civil Service on the lines of Pakistan Foreign Service, District Management Group, Pakistan Police Service, Railways, Customs, etc. Those choosing the ‘Judicial Service of Pakistan’ must be required to complete studies and pass exams just as other candidates sitting for the CSS exams. The only difference should be that their course of study must include a separate paper on judicial studies. Obviously, when candidates opt for the Judicial Service, they must display an aptitude for judicial studies as well. At the time of their admission to the civil service academy, such candidates must have a bachelor’s degree in law rather than any graduate degree. Once those earning a CSS qualification in judicial studies pass out, they can be inducted as judges in district courts and move up the ladder right to the Supreme Court. A Judicial Service would be the right answer to mitigate the problems the nation’s judiciary is currently facing in terms of paucity of judges. It would also go a long way in bringing the judiciary at par with other civil services instead of their enjoying a separate and superior status.

Syed Jawaid Iqbal
President & Editor in Chief