ISLAMABAD: Chief Justice of Islamabad High Court (IHC) Justice Athar Minallah has initiated the first ever project aimed at restoring public confidence in the justice delivery system.

The project was launched at a ceremony held at the IHC where the chief justice, judges of the IHC, Minister for the Law and Justice Azam Nazeer Tarar, Special Assistant to the Prime Minister Dr Jahanzeb and judicial officers were present.

The initiative, “Justice Reform Project: Reimagining Justice in the 21st Century and Restoring Confidence of the People in the Justice Delivery System”, focuses on the justice delivery system in Islamabad.

It identified three issues of “most dire and consequential from the perspective of effective service delivery to the litigants.”

Effective alternate dispute resolution regime suggested for transformation of judiciary

As per the concept paper of the project, the common problem in delivery of justice system is the delay.

Analysts say it may take up to 20 years for a case to be adjudicated through the system, starting with the district courts through the final decision by the Supreme Court. At its core, the issue of delays arises from the pendency of cases within the system.

As on June 1, 2022, country-wide pendency cases stood at over two million, of which about 82 per cent were pending in the district courts.

The total pending cases at the IHC stood at 17,000; however, in the district courts the figure was three times that of the IHC - 50,000 pending cases.

If the delay in administration of justice and its execution is dealt with, it would have certain benefits like stronger rule of law, a greater societal well-being due to shared perception of egalitarian, homogenous and transparent justice delivery, stronger values of equity and equality, inhibiting marginalisation and exploitation of otherwise targeted communities.

The paper suggested reforms at different levels. Some key areas of the reforms are strengthening and revamping the core institutions (IHC and district courts), building out a justice delivery system and putting in place foundational enablers of sustained institutional strength.

It highlighted that several attempts to reform had been undertaken in the past but they did not bear fruit.

For the transformation of Islamabad’s judiciary, the research paper suggested an effective alternate dispute resolution (ADR) regime, catalysing its adoption, development of the ADR and mediation institutional framework (particularly setting up international arbitration institution), setting up dedicated commercial courts with a special focus on adjudicating disputes involving international parties and foreign investors, review and modernisation of the existing HR and capacity building model for both judicial officers and other staff. This includes recruitment, compensation, performance management and training.

In order to revamp the criminal justice system, the paper recommended establishment of ways to institutionalise the principles stated in the Legal Practitioners and Bar Councils Act 1976, strengthening the dignity of legal professions and furthering the rights of litigants as consumers of the justice system.

A comprehensive reform effort may, at first glance, appear to be rather onerous and optimistic, it added.

It highlighted examples such as that of Singapore that may serve as testaments to achieve the desired results.

Before the 1990s, Singapore’s court system was characterised by some of the same problems Pakistan faces today: significant delays and pendency, high costs and cumbersome procedures. It was estimated that in 1990, the Supreme Court of Singapore would take at least five years to resolve pending cases and subordinate courts had a pendency of about 250,000 cases.

However, through a process of reform spanning just over a decade, Singapore’s court system became recognised as one of the most efficient and effective in the world.

The paper added there is a need to revive and strengthen the value system, the core of which is legal ethics to be upheld by every legal practitioner.

“It is necessary to understand the drivers that lead to legal practitioners violating ethical principles and to devise and institute targeted interventions that counter such drivers.

This is critical to maintain the sanctity and dignity of the legal profession and to safeguard the rights of the litigants,” said the paper.

Published in Dawn, July 9th, 2022