WILLIAM Ewart Gladstone, a prominent British statesman, used the maxim “Justice Delayed is Justice Denied,” in a speech in 1868. The concept behind this maxim is rooted in the idea that justice should be swift and accessible to all. When justice is delayed, it can lead to several negative consequences. Victims may not receive timely resolution or compensation for their suffering, which can prolong their pain and hinder their ability to move on with their lives. Additionally, delays can erode public confidence in the legal system and undermine its effectiveness. “Justice delayed is justice denied” is a phrase that emphasizes the importance of timely and efficient delivery of justice. It suggests that when there are unnecessary delays in the legal system, the result is a denial of justice for those involved.
This principle is based on the belief that justice loses its effectiveness and purpose if it is not administered promptly. Court cases take an excessive amount of time to reach a conclusion or decisions are continuously postponed. These delays can have various detrimental effects on individuals involved, including victims, defendants, and society. It can lead to frustration, loss of faith in the legal system, and an erosion of trust in the concept of justice. Ensuring judicial independence and accountability is crucial for a fair and transparent legal system. While the judiciary plays a vital role in upholding the rule of law, there have been concerns regarding the influence of external pressures, political interference, and lack of transparent mechanisms for judicial accountability.
The reliance on traditional litigation processes and a lack of alternative dispute-resolution mechanisms contribute to delays and backlogs. Promoting and facilitating alternative methods of dispute resolution, such as mediation and arbitration, can help alleviate the burden on the courts. There is a need for comprehensive legal reforms to address these challenges. However, implementing and sustaining reforms in a complex system can be challenging due to bureaucratic hurdles, resistance to change, and coordination among various stakeholders. Firm determination and commitment are required to overcome these challenges and strengthen Pakistan’s legal system.
To ensure justice is served effectively, legal systems need to strive for efficiency, timeliness, and accessibility. Delays can hinder the fair resolution of cases, impede the rights of individuals, and prevent the prompt application of appropriate remedies. By addressing the issue of delayed justice, societies and nations can aim to uphold the fundamental principles of fairness, equality, and the rule of law. Delayed justice can have various negative consequences, including, Loss of evidence, Inequality and unfairness, Public trust and confidence, Prolonged legal proceedings can cause significant stress, anxiety, and financial burdens on the parties involved, affecting their overall well-being. To uphold the principles of fairness and ensure the effectiveness of a legal system, courts, and other judicial bodies need to prioritize expeditious resolution of cases.
Efforts are made in many jurisdictions to streamline procedures, allocate appropriate resources, and implement measures to reduce unnecessary delays to uphold the maxim “justice delayed is justice denied.” However, it is worth noting that the speed of justice must also be balanced with the need for thoroughness, fairness, and due process. Rushing through legal proceedings without proper consideration can lead to miscarriages of justice. Striking the right balance between efficiency and fairness is a challenge to legal systems’ global phenomena, especially in Pakistan. Currently over 50000 cases are pending only in the Apex Court besides thousands cases in other courts. We need to prioritize & focus on these pending cases with dedication and commitment without any further delay. Efforts are made in many legal systems to ensure that justice is administered promptly.
Courts have procedures in place to manage their caseloads and prioritize cases that require urgent attention. However, the complexities of the legal process, limited resources, and various other factors contribute to delays. The role of lawyers in dispensing of quick justice cannot be ignored, unnecessary strikes by lawyers also impede the judicial process on one tactic or another. It is important for legal systems to continually strive for efficiency while ensuring that due process and the rights of all parties involved are respected. By addressing delays and ensuring timely access to justice, societies and nations can uphold the principle that justice should not only be done but also be seen to be done.
The Pakistani judiciary has been known for its activism in recent years, taking up cases on matters ranging from human rights to governance issues. While some view this as a positive step towards ensuring accountability and upholding constitutional rights, others have criticized it as overreach and encroachment on the domain of the executive and legislative branches. Certain high-profile judicial decisions have sparked debate and controversy in Pakistan. These decisions have involved issues such as the disqualification of politicians, alleged interference in the political process, and matters of public policy. The judicial crisis has also raised questions about the public’s confidence in the legal system and the judiciary’s accountability.
Some critics argue that there is a need for more transparency, accountability mechanisms, and reforms to restore public trust in the judiciary. It’s important to note that the situation may have evolved over the last many years and there may have been developments or initiatives to address the challenges faced by the judicial system in Pakistan. Comprehensive reforms and improvements in the legal system, including increased judicial resources, enhanced legal education and training, improved infrastructure, greater transparency, and effective measures to combat corruption. These efforts aim to ensure a more efficient, accessible, and fair legal system that upholds the rule of law and protects the rights of all individuals in Pakistan.
—The writer is contributing columnist, based in Lahore.
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