Outlines
Quote of William Goldstone
- Causes of Delay
- Deficiency in the number of judges
- The problem of Will of judges
- Financial Problems of judges
- Lack of fruitful cooperation between bar and bench
- Delay tactics by lawyers and respondents
- Stagnation in the laws
- Lack of modern facilities
- Poor crime investigation
- The non-existence of special investigative department separate from the police
- Rampant corruption in the police
Effects on public
- Out of court settlement
- Increase in crime
- Rise of extremist groups
- Anarchy and parallel judicial system
- Increase the number of judges and improve their quality
- Raising salaries of judges
- Strengthening the lower judiciary and making mobile
courts
- Improving the relationship between bar and bench
- Modernizing the laws
- Providing modern facilities
- Overhauling the criminal justice system
- Compelling lawyers and respondents not to cause a delay
- Improving the Police system
- Forming a separate investigative department
Conclusion
- The justice delivered by the Prophet (s.a.w) and his
righteous caliphs
- Special reference to cases of Fatima (a lady from Banu Makhzum), the case of Hazrat Umar (r.a) and Caliph Imam Ali (r.a)
One of the major
ingredients which form a society on sound footings is timely justice. The quote
of William Goldstone “Justice delayed is justice denied” thus portrays this
very important aspect of a balanced society. Pakistan as a developing country
has to face many problems of which injustice and delayed justice is the primary
one. There are countless reasons for this problem but here we will discuss the
most prominent ones. The deficiency in the number of judges can be considered
as the backbone of delay in the delivery of justice to the public. In Pakistan
the number of cases filed every year is far more than the current strength of
the judiciary can handle and thus a huge backlog is developing which would be
almost impossible to resolve in the future. Another important reason is the
lack of will in some judges to tackle cases. Some judges to claim media fame
focus only on high-profile cases and leave public petitions at large. The third
major reason is the financial hurdles faced by judges, especially of the lower
judiciary. They not only have to worry about their income but also are inclined
to bribery. Another important reason for the delay is the lack of cooperation
between bar and bench and lack of professionalism in lawyers. Lawyers and
advocates use delay tactics and don’t appear before the judiciary on time. The
sole purpose of this attitude is to extract as much money as the lawyers can
from their customers. Similarly, judges don’t listen to the legal counsel of
lawyers. This lack of cooperation is creating a rift between judiciary and lawyers
and the person who is affected due to all this is the common man. In some
cases, the respondents also use the same delay tactics to give a tough time to
their opponents. Lack of modernization both in the laws and facilities is also
a cheap reason for the delay in the delivery of justice. One such example is Qanoon-e-Shahadat.
Qanoon-e-Shahadat requires witnesses to prove that someone is innocent or
guilty. This law is inherently Islamic but it should be modernized with the
induction of modern techniques like the use of CCTV video and forensic tests as proof. Lack of digitization of the judicial system is also a major problem
that is to be dealt with to increase its efficiency. Globally, the crime
investigation department is separate from the police but in Pakistan, it is not
like that. Police have to do the duties of both law enforcers and
investigators. The police system is already suffering from major defects like
corruption and nepotism and this extra burden as a crime investigating agency
is creating havoc in the society in the form of injustice and delayed justice.
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| A gavel used by the Judge |
The delay in the
delivery of justice has badly affected the social fabric of our society in the
form of an increase in the crime rate. People who don’t get their due rights
from the judicial system resort to criminal ways of achieving their goals. One
notorious case of delayed justice was the ruling of the honorable court to free
the prisoner who had been hanged to death more than 5 years ago. The family of
such a person will be more inclined towards illegal means than a normal family.
The recent rise of extremism in our country can be attributed to delayed
justice apart from other factors. Many people established their private
militias and parallel judicial systems to speed up the process of delivery of justice.
This parallel judicial system led to a violent tussle between the state
apparatus and those elements.
To improve the image
of the judiciary and especially of the lower judiciary and to deliver speedy
justice to the public, the government has to take some immediate and long-term
steps. One of the basic steps which need to be taken is to increase the number
of judges both in the superior and lower judiciary. The lower judiciary must be
the main focus as it can hinder the flow of many lesser important cases to the
superior courts. Mobile courts and district resolution centers can play a vital
role in this regard. Laws should be modified keeping in the view the recent
trends and all the modern-day facilities should be provided to the judiciary.
An agency should be made for investigation separate from the police and in the
time being police reforms should be implemented in letter and spirit. Last but
not least, the relationship between bar and bench should be improved and there
must be constant communication between the two. Those lawyers and respondents
who use delay tactics should be dealt with an iron hand.
To bring the above-mentioned changes the era which can be the guiding principle is the era
of Prophet Muhammad (s.a.w) and his righteous caliphs. The Holy Prophet
Muhammad (s.a.w) never compromised on justice even if he had to suffer. It is
narrated in the hadith that once a woman of Banu-Makhzum tribe (sub-tribe of
Quraish) was found guilty of theft. Prominent personalities of the tribe
persuaded Hazrat Usama (r.a) to request the Prophet Muhammad (s.a.w) to forgive
her. Upon hearing about the request, the Prophet (s.a.w) said that people
before you were destroyed because they had different laws for poor and rich.
They would forgive the rich and sentence the poor. The Holy Prophet (s.a.w)
then said that by God if the daughter of Muhammad (s.a.w) was found guilty of theft he
would cut her hand. The Caliphs also followed this exemplary model of the
Prophet Muhammad (s.a.w). Once Hazrat Umar Farooq (r.a) was summoned by the
court. When the caliph entered the court, the judge stood up in honor of the
second Caliph. The Caliph disposed him of his charge by saying that the judge
should treat a Caliph and a common person the same way. Similarly, once Caliph
Ali (r.a) during his Caliphate took his plea to the court by saying that a Jew
has stolen his armor. When the Caliph failed to satisfy the court, the court
ruled the case in favor of the Jew. The Jew inspired by justice embraced Islam
at the hands of the Caliph Ali(r.a). These glaring examples of the Islamic
teach the concept of justice without any delay. If the present judicial system
is modified in the light of these examples a balanced society can be formed and speedy justice can be delivered at the door-step.
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