To receive expeditious justice is a fundamental right of every citizen of Pakistan under Articles 9 and 37. Article 9 mandates that "No person shall be deprived of life or liberty save in accordance of law." Haven't we heard of incidents that the accused died in imprisonment long before the court declared them innocent? And under Article 37 (d) the State shall "ensure inexpensive and expeditious justice." Clearly, then the successive governments have failed and thus run afoul of the constitutional dictates by sleeping over the ever-increasing backlog of pending cases. So distressing is the scenario of increasing pendency of cases in courts that quite a few people would look for closure of their cases even if outcomes are against them. The pendency is an enormous challenge and needs to be tackled by a suitable action on many fronts. Not only is there a perennial shortages of judges, the conditions in courts are quite depressing. For example, consider the case of district courts in Islamabad. For nearly half a century, they are working from the forbidding warren of overcrowded rented buildings as thousands of clients run into each other in its narrow passages. Not that these courts should get their own premises, they should get these without any further loss of time. Then there should be more judges, not only by filling up vacancies but also by additional recruitment. At the same time, suitable measures should be taken to ensure prompt prosecution. And this should happen not only in the capital, but all over the country.
To receive expeditious justice is a fundamental right of every citizen of Pakistan under Articles 9 and 37. Article 9 mandates that "No person shall be deprived of life or liberty save in accordance of law." Haven't we heard of incidents that the accused died in imprisonment long before the court declared them innocent? And under Article 37 (d) the State shall "ensure inexpensive and expeditious justice." Clearly, then the successive governments have failed and thus run afoul of the constitutional dictates by sleeping over the ever-increasing backlog of pending cases. So distressing is the scenario of increasing pendency of cases in courts that quite a few people would look for closure of their cases even if outcomes are against them. The pendency is an enormous challenge and needs to be tackled by a suitable action on many fronts. Not only is there a perennial shortages of judges, the conditions in courts are quite depressing. For example, consider the case of district courts in Islamabad. For nearly half a century, they are working from the forbidding warren of overcrowded rented buildings as thousands of clients run into each other in its narrow passages. Not that these courts should get their own premises, they should get these without any further loss of time. Then there should be more judges, not only by filling up vacancies but also by additional recruitment. At the same time, suitable measures should be taken to ensure prompt prosecution. And this should happen not only in the capital, but all over the country.