Judicial Reform Crisis in Pakistan: Urgent Action Needed

The judicial system in Pakistan is currently facing a significant crisis, with more cases being filed each year than are resolved. This imbalance is creating a bottleneck in the justice delivery system, leading to a situation where justice is delayed, and in many cases, denied. Despite the alarming statistics, there seems to be a lack of urgency among lawmakers to address these issues. The existing procedures in our courts are outdated, and while many countries have embraced technology to streamline their judicial processes, Pakistan remains stuck in the past.

Recent discussions have highlighted the need for comprehensive judicial reforms. The current government appears to be more focused on undermining the existing judicial framework rather than improving it. There are concerns that the push for "free," "speedy," and "fair" justice is merely a facade for trying civilians in military courts, often based on trivial accusations against the armed forces. This raises serious questions about the fundamental right to a fair trial, as enshrined in Article 10A of the Constitution of Pakistan.

In a two-part series, various proposals were put forth to modernize the judicial system, emphasizing the need to dismantle colonial-era structures that hinder progress. However, those in power seem indifferent to these suggestions, preferring to stick to their ready-made solutions that fail to address the root causes of the problem. A society that cannot ensure effective justice cannot hope to progress, and the current state of the judicial system in Pakistan is a testament to this fact.

Justice Qazi Faez Isa, who took office as the 29th Chief Justice of Pakistan on September 17, 2023, has been vocal about the need to reduce the backlog of cases. However, as his retirement approaches, the situation appears to be worsening. Despite a record number of cases being resolved during his tenure, the inflow of new cases continues to outpace the outflow of resolved cases. Recent reports indicate that the number of pending cases has surged, with the Supreme Court alone witnessing a significant increase in its backlog.

The Law and Justice Commission of Pakistan has reported a staggering 2.26 million pending cases, with 82% of these cases stuck at the district judiciary level. This situation is not just a statistic; it represents real people waiting for justice. The report also highlights that while courts managed to resolve 2.3 million cases, the continual filing of new cases keeps the backlog high. Civil cases dominate the pending cases in both the High Courts and the district judiciary, indicating a pressing need for reform in how these cases are handled.

The current state of the judicial system in Pakistan is a call to action. It is imperative for lawmakers and judicial authorities to come together and devise a pragmatic reform agenda that addresses the root causes of the backlog and unnecessary litigation. Only through a concerted effort to modernize the judicial process can we hope to restore faith in the system and ensure that justice is not just a privilege for the few, but a right for all citizens. The time for change is now, and it is essential that we act before the situation deteriorates further.