Monday, November 9, 2009

Pending vacancies in high courts

According to a report published in the daily 'Khabrain' of Rawalpindi/Islamabad dated 9 Nov 2009, the following vacancies are pending to be filled in the four high courts of Pakistan.


Lahore
23 versus 60
Sind
17 versus 28
Peshawar
08 versus 16
Balochistan
05 versus 10
Total 53 versus 114

With almost half of the vacancies unfilled, it is almost impossible to dispense justice fairly and speedily. Hundreds of thousands of cases are pending for trial and verdit putting the under-trial prisoners or convicts under appeal to severe hardships. The conditions in our jails are dismal, to say the least. Overcrowding in our prisons goes upto 4-5 times of their capacity. We regularly read media reports about riots in our jails because of the inhuman conditions and treatment meted out to the inmates.

The National Judicial Policy 2009, so meticulously outlined in 41 pages, can hardly be implemented in letter and spirit without adequate judicial infrastructure. The policy can be viewed at http://www.supremecourt.gov.pk/njp2009/njp2009.pdf. It is probably for the first time in the judicial history of Pakistan that a national judicial policy has been framed with timeline fixed for the various types of cases.

The government of Pakistan needs to give top priority to the appointment of judges to fill-in the vacancies as soon as possible.

It is suggested that the vacancies be filled by promoting competent, hardworking and honest judges from the subordinate courts instead of appointing advocates loyal to the political parties. Such a course will help improve the overall environment of the district as well as sessions courts when deserving judges are rewarded and moved up in their careers.

There is also a dire need of improving the judicial infrastructure of the sessions and district courts where again hundreds of thousands of criminal and civil cases are pending for times immemorial. Competent, hardworking and honest judges at the lower levels can immensely contribute to the fair and speedy justice for the litigants.

It is suggested that the pay and perks of the judges, particularly at the sessions and district levels, be thoroughly reviewed and enhanced to make the judges comfortable and less tempted to making quick bucks.

It is suggested that the physical conditions in the sessions and district courts be thoroughly reviewed and drastically improved to provide dignified and comfortable environment to the judges and their staff as well as the litigants.

It is earnestly hoped that the government and the judiciary will work together day and night to bring about the desired and long overdue changes in the judicial system of Pakistan.

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