Judiciary reforms needed – Daily Times

A strong state is like a building whose strength is based on three pillars: the legislative power, the executive power and the judiciary. If even one of these pillars weakens, the state itself will become fragile. Just as buildings require renovation over time, reforms in state institutions are of great importance.

Unfortunately, our judicial system has become so outdated that it takes years to deliver justice. The plaintiffs’ assets are sold off and their cases continue in court for years. More than 50% of our problems are due to the fact that we are far behind the rest of the world in delivering justice.

Let us take into account: according to the Law and Justice Committee’s report for 2024, the number of pending cases exceeded 2.26 million. It takes not months, but several years, sometimes even ten years, to reach a verdict. The report shows that in the last six months of 2023, the number of pending cases increased by 3.9%. Of all pending cases, 82% are pending in district courts and 18% are pending in higher courts.

Our judiciary ranks 130th in the world, and challenging this system often leads to charges of contempt of court. This begs the question: is the judicial system that unprofessional? Is there a lack of competence or problems during nominations? There must be a reason.

Our justice system has become so outdated that it takes years to deliver justice.

Numerous cases of public interest have been suspended for years. Let’s look at the sugar issue or the recent initiative by the Punjab government to provide bicycles to students. Whether it’s education or real estate, stay orders are in effect everywhere. When a case is delayed, it affects not only 5 or 6 people, but entire families.

Naturally, with the state of the judiciary, people will ask questions. Now, if anyone questions the competence of judges or the outdated judicial system, they are met with contempt for judicial charges. Take the case of Faisal Vawda for example. It was not just his case, but a case affecting the entire Pakistani nation. His fault was for daring to represent the nation by questioning his dual citizenship and judicial appointment, which was considered disrespectful.

It is time for judicial reforms in Pakistan, otherwise the poor masses will continue to suffer at the hands of the courts and judges.

The most significant reform needed is to revisit the process of appointing judges. The Chief Justice of the relevant Supreme Court recommends the names of Supreme Court justices, but there are no specific standards for these recommendations. These names then go to the Judiciary Committee, which approves them or sends them back for review. The commission consists of a majority of judges, which reduces the importance of the bar council, the executive and other stakeholders.

The commission should have equal representation from the judiciary, the bar, parliament and the executive to ensure that no single group is able to dominate and suppress the opinions of others, leading to consensus-based appointments in higher courts.

A systematic and transparent method of appointing judges is needed, which includes assessment of their educational qualifications, asset screening, and psychological and mental evaluation to improve the standards of our judiciary.

The author is an old Aitchisonian, believer in freedom of speech, independent columnist, entrepreneur and social activist.