I had given my house in Karachi on lease to a well-to-do and well-educated family. The Lease gave us the option to terminate by giving one month’s notice on either side (unlike NAB and Broadsheet Agreement). After over one and one half year, sometime in mid-February 2020, I gave the Lessee notice to vacate by end March. Then came COVID-19 and everything slowed down and eventually reached a standstill for a few months until June. After things started opening up in July, I again pursued this matter and finally in end November 2020 the possession of my house was given to me. A one-month notice became almost nine months’ notice. During this period of uncertainty I naturally harboured doubts if they really meant to vacate the house after all.
During these nine months not even once did I consider approaching the courts or discussing the matter with lawyers. I knew that the Civil Courts will take ages to deal with as simple a matter as this—a Lease Agreement signed by both parties agreeing to one month’s notice period. The entry of lawyers will complicate things to no end and ultimately it will cost me a fortune both in terms of time and money apart from anxiety and stress. I am a tax paying, law abiding, well educated in the field of law, senior citizen who would rather avoid our judicial system than approach it for resolution. What a sorry state of affairs the law and the courts have become?
So when I read recently that straightforward matters like Succession Certificates were being taken away from the Courts of law and assigned to NADRA a department under the control of the Executive, for swift and trouble free handling, I naturally rejoiced. The country should rejoice and support such moves by the Executive. Of course the Bar associations objected to it. I expect them to object to any such move of the Executive because it will limit their earning potential and simplify things where you do not need lawyers’ help. NADRA is by far the most efficient and corruption free of all the departments under the control of the Executive and will no doubt do a good job. This one small step will free ordinary people of the misery they face in courts after the sudden death of a loved one. It beats me that when all record is available at the touch of a finger why should the process be so complicated and cumbersome? This will help people to avoid both lawyers and the courts. Courts, especially civil courts are known for taking the longest route to a resolution and sometimes it covers generations. Our judiciary comprises judges who are like long distance runners with lawyers as pace makers on either side of the track. One lawyer urges on the judge to run fast while the other lawyer pulls him back. It is always in the interest of one party to prolong the proceedings and the poor judicial officer already overburdened with cases has little choice not to accede to the demands for delay. That is one reason their daily cause list is a mile long and the backlog is getting legendary.
Former Chief Justice Asif Saeed Khosa, with background in criminal law tried his best to resolve the backlog in criminal litigation, and the delays and injustices meted out to the poor and uneducated litigants at the hands of the incompetent lower judiciary and corrupt police. I have no doubt that had he two or three years more at the helm, he would have reformed the criminal justice system in the country. Former Chief Justice Mian Saqib Nisar, with stellar background in civil law and humble orientation could have done the same in the field of civil litigation had he not tried to emulate another former Chief Justice, Iftikhar Muhammad Chaudhry, and made forays into the Executive’s domain. At times it appeared that he could do everybody’s job except his own. In fact, if someone had told me in the early 80’s when we had law chambers side by side that Mr. Saqib Nisar, Advocate will behave the way he did as Chief Justice, I would have never believed that person. Such is the thrill of power.
Democracy, a Greek word meaning “rule by the people” now has come to be largely known as “rule by the majority of the people.” This rule is exercised by people either directly or indirectly through their representatives and is distinguished from other forms of governments. Democracy is considered the best form of government and even dictators like to call their governments as democratic. We all know that a democracy has three pillars–Legislature, Executive and Judiciary. All are equally important in that they carry out the will of the people. The will of the people demands speedy, cheap and fair justice. This is the reason Jirga system is still prevalent in rural areas because it largely provides speedy, cheap and fair justice.
It is always in the interest of one party to prolong the proceedings and the poor judicial officer already overburdened with cases has little choice not to accede to the demands for delay. That is one reason their daily cause list is a mile long and the backlog is getting legendary.
While the criminal justice system depends on police investigations and evidence of witnesses to a crime, the civil justice system is mostly dependent upon contracts or agreements between two or more parties. However, our laws and the courts have made these matters complicated and dependent upon lawyers’ interpretations which delays matters to no end. Judiciary as a pillar of democracy needs to do more to deliver justice to the people. This is the case in all democracies. The Courts must take a position of leadership and must strive to assert itself. We should not look too much towards the Legislature as we know in Pakistan it comprises semi-educated people, if at all. They are not interested in the wellbeing of people and frankly have never been since the inception of the country.
And if the Judiciary fails to deliver relief to people through it’s chain of command leading down to the civil courts, a vacuum takes place. In this vacuum, people look towards the Executive. Nature has a way of doing things. A vacuum is always filled one way or the other. Just like in the case of Succession Certificates the Executive is trying to fill the vacuum created by the Judiciary. It might also endeavor to solve people’s problems in contracts like marriage, property leases and all other simple contracts prima facie not requiring the help of lawyers or courts. A simple mechanism or appointment of Divisional Arbitrators with just one appeal to the High Court of the province (if at all) with no stay of any kind might solve a lot of people’s problems.
“Democracy, a Greek word meaning “rule by the people” now has come to be largely known as “rule by the majority of the people.” This rule is exercised by people either directly or indirectly through their representatives and is distinguished from other forms of governments. Democracy is considered the best form of government and even dictators like to call their governments as democratic. We all know that a democracy has three pillars–Legislature, Executive and Judiciary. All are equally important in that they carry out the will of the people. The will of the people demands speedy, cheap and fair justice. This is the reason Jirga system is still prevalent in rural areas because it largely provides speedy, cheap and fair justice.”
All three pillar of state should realize it is never too late to do great things. Constitution has defined their roles in black and white. If need amendment to keep up with the requirement of modern day society, legislature should move forward and amend the roles with good faith and without any bias.
Only Synchronized efforts can shape great results. Legislature, judiciary and executives can perform in silos and all but we would not be able to achieve what we desire with this working in silos approach.