Scarcity of judges multiplies judicial crises ….

Present strengths are not enough, but are still not filled

Why in Pakistan we never ever realized the significance of justice, even though justice is always crucial for our society as it is the main source of ensuring the significance of equality, all time fairness, and last but not least protection of individual rights.

It is a bridge to promote social harmony by addressing our grievances, resolving social conflicts and maintaining a good balance that is a blessing to a stable society. Without having justice, there’s a high risk of inequality, mistrust and social unrest, hindering and killing the overall well-being and progress of our society and this alarming situation is persistently prevailing in our society.

The Lahore High Court was a symbol of justice and still holds a significant importance in our judicial system, which covers more than 50 percent of the population of Pakistan. As one of the country’s oldest courts, it plays a crucial role in upholding justice, interpreting laws and ensuring the protection of fundamental rights. The Court’s decisions set legal precedents, a source of guidance for lower Courts, and contribute to the development of a fair and equitable and transparent legal system. The Lahore High Court’s jurisdiction extends to a populous and influential region, making its rulings influential in shaping legal standards and contributing to the overall stability and governance of Pakistan.

The total strength of judges in Lahore High Court is 60, fixed by the government which is already a lesser capacity to meet the demand of Punjab’s population and, due to bad governance, with the trend of litigation rising in our society. These days when we are facing multiple crises, Lahore High Court overburdened, as it is working with 36 judges, over a third less its strength. lacking 24 judges.

This huge deficiency of judges can have substantial repercussions for the judicial system. This deficiency is creating a number of problems which may lead to delays in the hearing of cases, a rising backlog of pending matters and an increased burden on the existing judges. Such shortcomings could hinder the timely delivery of justice, affecting the overall efficiency and effectiveness of the legal process. In order to maintain a robust judicial system, addressing the shortage of judges is necessary to ensure that pending cases are heard promptly and justly to ensure the rule of law. Chief Justice Lahore High Court Justice Alia Neelam, who created a history as the first female Chief Justice of Lahore High Court, must take serious notice of this default to accelerate the process of new appointment of judges on these vacant seats.

This grave situation in the Lahore High Court seeks the indulgence of the Chief Justice of Pakistan, the Prime Minister of Pakistan and the Governor of Punjab.  The Chief Justice of Pakistan has the full authority to address systemic issues within the judiciary and can play a vital role to initiate instant measures for immediate appointment of these 24 judges. To focus and draw the attention to this grave matter could lead to effective actions that help and strengthen the judicial system to ensure its smooth functioning.

Effective measures should be made to improve the judicial system and should also focus not only on increasing numbers but also on enhancing the system’s overall efficiency, leveraging technology and implementing reforms to address the specific needs and challenges of the legal landscape. The goal is to ensure that the judicial system effectively serves the growing interest of justice to eliminate the fear of injustice and provide a fair opportunity to flourish every citizen of Pakistan.

Ugly crises of justice including the shortage of 24 judges in the Lahore High Court is a matter that warrants immediate attention of the government. The judiciary is a key component of a functional democracy and a shortfall in judicial resources can impact and disturb the timely delivery of justice. By engaging with the government there is an urgent need to address this important issue collaboratively. Advocating for the allocation of resources, funding and appointment of additional judges can contribute to enhancing the Court’s capacity and consequently the overall efficiency of the judicial system.

Justice is a rare phenomena in Pakistan and everybody is seeking justice due to his hardship, and thus the absence of justice in a society can lead to its deterioration. Justice serves as a fundamental pillar that upholds fairness, equality and rule of law. Without it there’s a risk of social unrest, inequality and a breakdown of trust in institutions. Injustice can breed resentment, erode social cohesion and create an environment where conflicts escalate. Thus the presence of a just legal system is crucial for the stability, prosperity and well-being of any society particularly the country like Pakistan.

Pakistan faces various challenges, encompassing economic, social and political issues. These challenges include economic disparities, security concerns and governance issues. It’s crucial for the government, institutions and society to work collaboratively to address these challenges and implement effective solutions. Prioritizing justice, good governance and inclusive policies can contribute to stability and progress, fostering a more resilient and prosperous future for the country.

There is an urgent need for judicial reforms in Pakistan and every politician made statements but never ever did anything in this regard. A comprehensive reform can strengthen the rule of law, instill public confidence and contribute significantly to the overall development and stability of the country’s legal framework.

A weak justice system can indeed contribute to an increase in corruption, the main issue of Pakistan which is destroying our society and becoming an open secret. A robust and efficient judicial system acts as a deterrent to corruption by holding individuals accountable for their actions. When the justice system is perceived as ineffective or slow, it may create an environment where corrupt practices can flourish as wrongdoers might believe they can act with impunity. Strengthening the justice system through reforms, transparency and timely resolution of cases is crucial for combating a core issue of corruption and promoting a fair and just society.

Global ranking for judicial systems also makes a joke of our judicial system which made us all Pakistani embrace and particularly the lawyers and judges, it motivates us to rethink our judicial system for more drastic improvement and addition of IT systems to accelerate its performance and delivery.

While aligning the judicial strength with our population size is a point to be considered to resolve this by combating judicial crises as our population has increased tremendously while we did not enhance our judicial capacity, rather Lahore High Court is facing acute shortages of 24 judges to meet its traditional figure, even though that is less than its need.

Effective measures should be made to improve the judicial system and should also focus not only on increasing numbers but also on enhancing the system’s overall efficiency, leveraging technology and implementing reforms to address the specific needs and challenges of the legal landscape. The goal is to ensure that the judicial system effectively serves the growing interest of justice to eliminate the fear of injustice and provide a fair opportunity to flourish every citizen of Pakistan.

Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

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