Chief Justice Qazi Faiz Isa took the revolutionary step of directly showing the proceedings of the Supreme Court to the whole nation and the whole world, strengthening the impression that he is committed to such meaningful reforms in the prevailing judicial system, which is the solution to all kinds of secret collusion.  By doing so, it means of increasing public confidence in the courts.  Addressing the opening ceremony of the e-campus of the Federal Judicial Academy in Islamabad, the Chief Justice clarified his concern in this regard in the words that everyone has the right to disagree with court decisions, it is not necessary that every civil court agree with the decision but should see that justice is being done.

He said that by direct hearing of the cases, the audience gets an opportunity to learn and law students can benefit from the direct hearing. The Chief Justice rightly expressed the belief that direct hearing of cases will bring more transparency in the justice system. Undoubtedly, transparency is essential to rid any sphere of life from rigging and corruption.  Crime always requires an atmosphere of secrecy to thrive. All kinds of conspiracies flourish in the atmosphere of secrecy. All forms of corruption require darkness to take place.  Live broadcasting of the proceedings of the cases can certainly prove to be very effective in preventing all these errors.

However, in order to maintain the effectiveness of the justice system along with transparency, timely delivery of justice is also necessary, while in the current judicial system, the decisions of minor cases also take many decades and there are indeed countless examples that the final decision of the grandfather's case is decided by the grandson. On reaching old age. In this context, it is very gratifying that Qazi Faiz Isa is working diligently to make the judicial system faster and easier by promoting transparency as well as the use of modern technology. By formally inaugurating the Vision and e-Campus, the Chief Justice has organized an important milestone. In his address on the occasion, he said that he is satisfied to see the use of modern technology in the Judicial Academy. Federal Judicial Academy strong board. Working under 3200 judges are performing duties across the country, training is being provided in various stages in the academy, judges of the district judiciary have been linked to the Federal Judicial Academy through Vision and E-Campus. Judiciary judges will have an opportunity to learn through WhatsApp channel. All judges can share their experiences and ideas with each other, Judicial Academy is a means to bring together judges from different provinces and territories He also pointed out the important point that the first contact of the police is not with the High Courts or the Supreme Court, but with the District Judiciary. It is hoped that this arrangement for the training of the District Judiciary will soon bring forth useful results. In many countries of the world, a great facility has been provided to the citizens in the form of online court proceedings to make the proceedings of cases faster, cheaper and easier, Pakistan should also consider promoting this method. Besides, our courts have a huge burden of false cases, hard on those who make such cases.

Today, when educated people gather at different places across the country, they express happiness and pride that for the first time in the history of Pakistan, the prestige of the highest court of the country has reached heights.  Those who participated in the discussions and debates also agreed that none other than Mr. Qazi Faiz Isa, a senior jurist from Balochistan, can introduce this dignity to the highest judiciary of the country.  "The family background of Qazi Sahib is also proud and admirable" The history of Pakistan is a witness that today if Baluchistan province is a part of Pakistan, then among the respected people who are honored are Qazi Faiz Sahib's father is also included.  It is not hidden from anyone that Qazi Isa was a close companion of the founder of Pakistan, Quaid-e-Azam Muhammad Ali Jinnah.  He continued to live the life of an ordinary citizen until the end. Later, Qazi Faiz Sahib, the son of Qazi Isa, took up the profession of lawyer and became a judge of the Supreme Court.  And then the feat was done by the previous PDM government by deciding to make Qazi Faiz Isa the Chief Justice of the Supreme Court. And now all eyes are set on the Chief Justice to deliver in real sense of the word and make the legal system efficient so that the people can get speedy justice, The Supreme Court of Pakistan has stated that the number of pending cases till 31 August 2023 is 56544, including 653 provisional cases and 9384 criminal cases.  Earlier in March 2023, the PDM government's Law Minister had informed the National Assembly that the number of cases pending in the country's high courts for five years was 3 lakh 80 thousand.  Among them, Supreme Court 51 thousand, Islamabad High Court 17 thousand, Lahore 179 thousand, Sindh 85 thousand, Peshawar 91 thousand  and Balochistan High Court 4 thousand cases were pending in district courts across the country at that time. The number is said to be more than 20 lakh.  Compared to them, the number of active judges is around 3,000, so on an average, more than seven hundred cases come to a judge, while there are more than a thousand vacant posts of judges in the high and subordinate courts, and even if they are filled, it will be difficult to deal with the mentioned number.  A challenge appears. Another factor in pending cases is the delay in police investigation in criminal cases, due to which thousands, if not millions, of the accused remain in custody for many years awaiting their verdict.  Majority of the pending cases are based on lies. This painful situation calls for judicial reforms. The past governments have worked on it to a great extent, but the matter could not go ahead. It is now up to the incoming National Assembly to make the reform agenda one of its first priorities and establish a clutter-free and effective judicial system in all respects. There is no denying that our legal system is marred by undue delays and snags. Cases run for years and years with no sight of decisions. Sometime the decisions are delivered when the accused are no more. However, during the previous coalition government, our legal gurus had started taking note of these snags.  In January, the country's superior Court said that a detained accused should not suffer in case the lawyer fighting his case goes on strike. This clause is an integral part of the just-enacted 'Canons of Professional Conduct and Etiquette of Advocates' by the Pakistan Bar Council (PBC.

It clearly says that  an advocates  is bound to  appear in court when the case is called' and if the lawyer is not available on the due date, then he should make satisfactory alternative arrangements'," said Justice Qazi Faez Isa in one of his decision. One hopes that more such steps are needed to update our legal system so that justice is not delayed. Justice Isa had rightly observed that an accused should have access to the protection of law' and if lawyers are absent from courts, then the accused person is deprived of constitutional right. More such steps need to be done to safeguard the rights of the accused. Sadly,  snags have become an integral part of our justice system which needs a total revamp.  As a matter of fact, it the duty of  the courts to not allow themselves to be hoodwinked by police, the govt authorities or the influential in our society. The huge backlog of cases at judicial forums is another aspect that points to the slow proceedings in the courts.  In 2019, the then Chief Justice of Pakistan had declared reducing the large number of unsettled cases as his top priority. Model courts were set up and e-courts introduced to make the disposal of cases more timely and hassle-free but all in vain. The slow procedures due to loopholes within the proceedings and slow disposal of cases tend to muddy the credibility of our judicial system. Our criminal justice system is extremely slow due to which is becomes ineffective as justice is delayed beyond limits.  Even the young offenders are unable to get justice due to this huge backlog of cases.  On the other hand, it has been noticed that criminals arrested by the LEAs  exploit the loopholes in the legal proceedings to their own benefit and are set free by courts due to lack of evidence or on technical basis. This results in lowering the morale of the morale of the LEAs as it has been claimed by the officials from LEAs on many occasions that they make arrest of criminals red-handed but they are later set free by the courts due to lack of evident or on a technical basis. Recently, the International World Justice Project also flayed our justice system in its report which is not a good omen for our legal system.  Generally speaking, the masses are unsatisfied with the prevailing justice system which is marked by long delays and proceedings due which they have lost faith in the judicial system. As said justice delayed is justice denied. The same applies to our justice system. Time has come to revamp and reform our judicial system before it is too late.  For effective and positive changes in the law system and for quick dispensation of justice, both the Govt and legal fraternity need to come on one page as it is a matter of legal reforms and not something that can be introduced without discussing the various aspects of the existing law system which is marked by snags and snail's pace due to which the cases which can be decided in weeks, take years rather decades due to slow procedures of the legal course.

Published in The Daily National Courier, January, 11 2024

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