Lost in the legal labyrinth

The plight of the practising lawyer

The hallowed halls of justice, often envisioned as sanctuaries of truth and equity, can paradoxically become labyrinthine mazes of procedural delays. The High Court of Multan, like many such institutions, is a testament to this paradox. While it is a place where legal minds engage in rigorous debate and societal issues are dissected, it is also a place where precious hours are squandered in the relentless wait.

A common sight at the High Court is the sea of lawyers, each one a potential guardian of justice, yet tethered to their seats by the whims of a cause list. This list, a seemingly innocuous document, can dictate the course of an entire day. The uncertainty it breeds is palpable. Will the case be heard today? Tomorrow? Or will it be relegated to the endless queue of leftover cases?

However, the inefficiencies at district courts— such as those in Multan— are even more glaring. Lawyers, litigants, and witnesses often find themselves waiting for hours or even days for their cases to be called, only to face adjournments. This practice not only drains the energy of the practitioners but also adds to the frustration of litigants who often travel long distances to attend hearings. According to judicial efficiency reports published by the International Commission of Jurists, these delays result from systemic inefficiencies that are pervasive across Pakistan’s judicial framework.

In district courts, the unregulated system exacerbates delays. Poorly managed cause lists, sudden adjournments without prior notice, and the overbooking of daily hearings create a chaotic environment. Judges are overwhelmed with hundreds of cases per day, many of which are adjourned due to time constraints. This results in a backlog that spans years, leaving litigants in legal limbo. The lack of accountability further aggravates the situation, with no checks on judges or lawyers who contribute to inefficiencies through frivolous adjournments.

The hours spent in this legal limbo are not merely lost; they are stolen. They could be used to delve deeper into legal texts, analyze precedents, or craft compelling arguments. Instead, they are consumed by the tedium of waiting— a passive exercise offering little intellectual or professional growth. This inefficiency extends beyond lawyers, affecting justice delivery and public trust in the judiciary. A report by the Human Rights Watch highlights that inefficiencies in Pakistan’s justice system erode public confidence and disproportionately affect marginalized communities who are already vulnerable.

While the pursuit of justice is a noble endeavor, it should not come at the cost of sacrificing efficiency and productivity. By addressing the systemic issues that plague our courts, we can ensure that the wheels of justice turn swiftly and smoothly. It is time to reclaim the hours lost in legal limbo and channel them into building a system that truly serves its people.

A simple but effective solution would be issuing a real cause list early in the morning to provide clarity on daily schedules. Technology could further streamline this process. For instance, e-filing systems, online cause list management, and SMS notifications about case updates can significantly reduce the need for physical presence and minimize unnecessary delays. Countries adopting such systems have seen notable improvements in judicial efficiency, as evidenced by studies conducted by international judicial reform organizations.

The broader solution lies in comprehensive judicial reform. A synchronized hearing system could replace the current chaotic schedules. Judges could prioritize cases based on merit or urgency rather than arbitrary discretion. Implementing technology, such as GPS-enabled portals for serving notices or centralized data rooms to monitor case progress, would also aid in alleviating systemic bottlenecks. As judicial experts argue, such innovations could ensure a smoother and more transparent justice delivery process.

Delayed cases not only clog court dockets but also lead to justice deferred and, often, denied. Incorporating mediation and alternative dispute resolution (ADR) methods at the district level could significantly reduce the workload on courts. Establishing ADR centers and revising domestic arbitration laws to minimize court interference are practical steps in this direction. These measures have been successfully implemented in other jurisdictions and could serve as a model for Pakistan. The International Commission of Jurists has long advocated for ADR mechanisms as a means to alleviate judicial burdens while providing timely resolution for litigants.

The legal fraternity must also embrace reforms, including training in legal technology and adopting global best practices. By doing so, Pakistan’s judicial system could evolve into one that is accessible, inclusive, and efficient. For example, setting up smart research centers for lawyers and judges in remote districts could enhance case preparation and decision-making. Human Rights Watch has emphasized the importance of such training programs to ensure that practitioners are equipped to navigate the challenges of a modernized judicial system.

While the pursuit of justice is a noble endeavor, it should not come at the cost of sacrificing efficiency and productivity. By addressing the systemic issues that plague our courts, we can ensure that the wheels of justice turn swiftly and smoothly. It is time to reclaim the hours lost in legal limbo and channel them into building a system that truly serves its people.

Noor Zafar
Noor Zafar
The writer is a lawyer (L.L.B LUMS, L.L.M. Notre Dame Law School) practising in Multan

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Must Read

PTI’s Hasan hints at probe into leaders’ absence from sit-in

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) leader Raoof Hassan has stated that an inquiry will be conducted to determine which party leaders participated in the recent...