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   June  12, 2014

Detail

 


Speedy justice demanded

It is unfortunate that dispensation of speedy justice has been a big issue in the whole history of Pakistan, and in public discussion at community level it is prayed by each parson to another with these words “May God Protect you from judiciary and Hospital” as both are regarded as extremely painful and time consuming for general public. When a person intentionally or by default indulge in litigation his whole life, time and resources consumed in the process but still he will not get any relief from the judicial system in case of Pakistan.

After Musharaf entanglement with judiciary and its restoration people at large hoped that some sort of relief will be provided to them in speedy dispensation of cases. From the initial stage some reformative steps were also taken like work on National Judicial Policy and its recommendation and other measures for speedy justice system which gave some hope to the people but all these hopes are dashed to ground after four years of restoration of judiciary. Both in lower and higher
judiciary the system of adjournment and delaying tactics are still persisting and confidence of people on getting speedy justice is eroding with the passage of time and they are trying to settle their disputes through alternative ways or preferring to remain silent rather than going to the court for their rights.

The system of justice dispensation is more cumbersome and extremely painful in case of Chitral which is the remotest and largest district of KP. For the purpose of speedy justice in Malakand Division separate Bench of Peshawar High Court has been established in Swat with the title of Darul Qaza in the year 2011 and all the cases of Malakand divison including Chitral have been directly transferred to Swat. In the Peshawar High Court the litigants of Malakand Division have already hired counsels by giving exorbitant fees. Those counsels neither returned fees to the poverty stricken litigant nor agreed to defend them in Darul Qaza Swat hence millions of rupees of the poor litigants wasted due to faulty policy of the government and judiciary.

Before taking such decision there should be some consultative process in the matter by judiciary and bar counsels so that the interest of litigant community could be protected and their confidence and mechanism is devised to return fees of the litigants. When counsels in Peshawar High Courts neither returned fees of the litigants nor represented them in Darul Qaza Swat it seriously shattered confidence of litigants on Bar and Bench and they questioned that they receive injustice in the place which is known for providing justice to the people. Travelling from Peshawar High Court to Swat and losing millions of rupees as fees of the counsels hired in Peshawar High Court litigant of Malakand Divison engaged second counsel in Darul Qaza Swat by giving exorbitant fees and remained sticky in the court for more periods due to persistent adjournment. At the same time another Circuit Court Chitral has been opened and cases of Chitral have been transferred to Chitral and litigant of Chitral second time lost fees of the counsels without getting any relief. Those counsels hired in Darul Qaza Swat were neither ready to defend them in Chitral nor returned fees to them and consequently second time fees of poor litigants in Chitral are terribly lost and their confidence on judiciary further shattered. In Chitral litigant hired counsels but here the problem is that Circuit Court Chitral door seems closed all the time and judges from Peshawar High Court visit Chitral few and far between and only for five of ten days on quarterly basis. Since establishment of the Circuit Court in 2012 judges from Peshawar High Court visited Circuit Court Chitral about four times for five or ten days in each term. Hence cases of poverty ridden litigant of Chitral are going to pile up in Circuit Court Chitral which results shattering
of their confidence on dispensation of speedy justice system in Pakistan and especially in Chitral.

In this connection litigant community Chitral humbly request to Chief Justice of Pakistan honorable Justice Tasadu Hussain jillani and Chief Justice Peshawar High Court Justice Mazhar Alam Miankhel to take notice of the situation and have mercy on the plight of litigant in Chitral. People of this remote district want speedy justice and they have no more resilience and delay in dispensation of Justice in the area. There should be permanent Judge for Circuit Court Chitral so that people of the area have easy access to justice otherwise confidence of people on judiciary eroding with each delay in dispensation of cases. We also request to Bar Councils and lawyers community to ensure speedy justice system by discouraging un-necessary adjournments.

At last we again appeal to Chief Justice Peshawar High Court to have mercy on the people of Chitral and take measure for speedy disposal of hundreds of cases of poor litigants of Chitral which have been transferred from Peshawar High Court to Swat and now those cases are pending in Circuit Court Chitral for the last two years and people and especially litigant community are in serious state of disappointment.


Nasir Mehmood
(Drosh) Chitral
 

 

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