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Express Tribune
25-03-2025
- Politics
- Express Tribune
Judicial reforms must ensure timely justice, says CJP
Listen to article The Chief Justice of Pakistan Yahya Afridi has emphasised that litigants are key stakeholders in the justice system and must be treated with dignity and respect. He made the remarks during a consultative meeting with senior judicial officials on improving access to justice. The chief justice underscored that reforms should not only ease case backlogs but also ensure timely and effective justice. The meeting, attended by top officials including Supreme Court Registrar Muhammad Saleem Khan and Federal Judicial Academy Director General, reviewed ongoing judicial reforms and digitalisation efforts. Discussions highlighted progress in digital case filing, transparency, and accountability. The IT Directorate briefed participants on integrating new technologies to make judicial processes more efficient. A statement from the meeting noted that enhancing accessibility and efficiency remains a top priority. Currently, around 57,000 cases are pending before the Supreme Court of Pakistan, with an additional 2.4 million awaiting resolution in other courts across the country. According to the office of the registrar, 27,312 cases were fixed and 12,109 disposed of between 28 Oct 2024 and 7 March 2025 while 7,370 new cases were instituted in the same period. Chief Justice of Pakistan Yahya Afridi's push for judicial reforms aims to address the ongoing backlog and modernise the justice system. Key reforms include the introduction of advanced information technology, such as the e-Affidavit system to streamline filing processes and reduce delays, and a Case Management System that allows litigants and lawyers to access certified copies instantly. Additionally, feedback mechanisms involving legal professionals and the public have been implemented to strengthen trust in the system.
Express Tribune
18-03-2025
- Politics
- Express Tribune
Judicial reforms and CJP
The writer is a former Secretary to Government, Home & Tribal Affairs Department and a retired IG. He can be reached at aashah77@ Listen to article Hope is a powerful force, driving people toward a better future. One such hope is the swift dispensation of justice, as delays in justice are often equated with its denial. Currently, around 57,000 cases are pending before the Supreme Court of Pakistan, with an additional 2.4 million awaiting resolution in other courts across the country. According to the office of the registrar, 27,312 cases were fixed and 12,109 disposed of between 28 Oct 2024 and 7 March 2025 while 7,370 new cases were instituted in the same period. Given this backlog, Chief Justice of Pakistan Yahya Afridi's commitment to judicial reforms has rekindled hope. His vision focuses on modernising the judiciary to uphold fairness, transparency and accessibility - ensuring that the justice system remains citizen-centric and responsive to litigants' needs. As part of these reforms, advanced information technology has reportedly been integrated to enhance judicial efficiency. Initiatives such as e-Affidavit system is meant to streamline filing processes, reduce delays and improve transparency, while a Case Management System allows litigants and lawyers to access certified copies instantly, eliminating human interference. To further public trust, feedback mechanisms involving legal practitioners, litigants and civil society have also been introduced. However, despite these pronounced reforms, the harsh reality remains unchanged - justice is still delayed. Cases continue to languish in courts for years, and multiple First Information Reports (FIRs) on identical charges are often registered against individuals in different jurisdictions, undermining fundamental rights. In his effort to reform the judiciary, the Chief Justice has engaged with key stakeholders, including the Prime Minister, Bar Councils, Bar Associations, the International Monetary Fund (IMF) and a delegation from Pakistan Tehreek-e-Insaf (PTI). Discussions have revolved around critical issues such as the implementation of court orders, abuse of legal processes, human rights violations and concerns over the 26th Constitutional Amendment's adverse impact. Key topics also included: military trials of civilians, non-implementation of production orders regarding missing persons, threats received by PTI lawyers, controversial role of intelligence agencies, judicial transfers affecting the independence of the courts, etc. Despite previous Chief Justices expressing similar commitments to reducing case delays - through utilising technology to link branch registries with the Principal Seat for real-time hearings - the situation remains largely unchanged. The implementation gap continues to frustrate litigants and legal practitioners alike. At the core of justice lies the principle of the Rule of Law, which is inseparable from an independent judiciary. John Rawls, a renowned Harvard philosopher, described justice as "the first virtue of social institutions, as truth is of systems of thought." Today, justice and the Rule of Law are synonymous, as fundamental rights are meaningless without strict legal enforcement. However, in Pakistan, scant respect for the Constitution and Rule of Law is evident. Over the past two years, Supreme Court judgments have often gone unenforced, and citizens have been deprived of their liberty without due process. This failure not only exposes the inefficiency of the judicial system but also raises broader concerns about governance. John Marshall, the fourth Chief Justice of the United States, once stated: "The very essence of civil liberty consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection." Unfortunately, in Pakistan, this fundamental principle is frequently violated. Judicial orders remain unimplemented, and legal protections are selectively applied. As a result, people continue to look toward the Supreme Court for justice under Article 184(3) of the Constitution, which allows the Court to take suo motu notice of fundamental rights violations. One of the most pressing concerns affecting judicial independence is the 26th Constitutional Amendment, which has significantly altered the balance of power in judicial appointments. This amendment has given the executive branch greater influence over judicial postings and transfers, undermining the separation of powers. The transfer of judges from one High Court to another now acts as a Sword of Damocles, threatening judicial independence. Judges who rule against the interests of the powerful risk being transferred as a punitive measure, discouraging bold and impartial decision-making Judicial reforms cannot succeed unless the negative impacts of the 26th Amendment are reviewed. A truly independent judiciary requires a clear separation from the executive branch. Without this, reforms will remain mere rhetoric. The real test of any Supreme Court lies in its ability to enforce fundamental rights. If the judiciary cannot protect citizens from injustice, no amount of technological advancements or procedural improvements will restore public trust. Therefore, for judicial reforms to be meaningful, they must begin with strengthening judicial independence and the Rule of Law.
