DISPENSATION of justice and enforcement of fundamental rights are the two main objectives of a civilized community. Timely disposal of disputes and redressal of grievances are two sure signs of effective administration of justice. For this purpose, the Latin maxim “Justice Delayed is Justice Denied” has been in action for centuries. It is basically an embodiment of the fundamental right of speedy trial and the rights associated with it just as right to fair trial.Justice delayed is justice denied comes true when a criminal trial remains pending indefinitely for no reason whatsoever.
In Pakistan, civil cases need at least 10-12 years to have a decision at the lower courts whereas criminal cases require at least 7-8 years for some verdict. However, these decisions of lower courts could be challenged in the court above the hierarchy, making the case duration even longer. This long duration of cases cultivates the path for the oppressor while suppressing the voice of the downtrodden. In this way, this maxim has been ignored to the last extent which is a direct violation of Article 37(d) of the Constitution of Pakistan which ensures inexpensive and expeditious justice.
The National Judicial Policy adopted by the then Chief Justice of Pakistan, honourable Iftikhar Chaudhry, in 2009 was an attempt to improve the judicial system of Pakistan. It was an effort to address the problem of the huge backlog of cases and delays in court proceedings. Similarly, many efforts were made in history to lessen the burden of the honourable courts so that they can work efficiently. On the contrary, some authoritative persons, having the power to mend the justice system, focused on other aspects of the development of the State just like Justice Saqib Nisar who raised funds for the construction of dams in Pakistan instead of paying heed to the flaws of the judicial system.
The miscarriage of justice to obtain speedy disposal of cases could hardly be termed as ‘justice’. Courts cannot, legally and morally, have the excuse of rush of work for their faulty judgments. Furthermore, the proceedings and the judgments of courts should not depict that the particular court has reached a verdict just for the sake of deciding the case; rather the court should follow the law and order with true letter and spirit. Nevertheless, every single court must maintain a balance between the two commonly known maxims; “Justice delayed is justice denied”, and ‘Justice rushed is justice crushed’.
To ensure justice for every individual in the country, the flourishing of Alternate Dispute Resolution methods would be a revolutionary step. Furthermore, instead of a few benches of the High Court across the province, the government should increase the number of judges of the High Court and make a bench for each district of the country. However, the number of judges in the respective bench would depend upon the domain and number of cases across the district.
—The writer is contributing columnist, based in Lahore.
Email: [email protected]
views expressed are writer’s own.
