Reforms in Pakistani judiciary are alien
No reforms have been introduced in the country’s judicial system since its inception. It takes years to conclude a case which could be concluded in ONE week.
Lower judiciary is law-ignorant:
Unfortunately, the lower judiciary (magistrates, session judges in criminal cases; and civil judges, district judges in civil cases) is ignorant about the law. The pend-ency of large number of cases in high court and Supreme Court is a proof that lower judiciary does not know the law. If a person gets justice from the Supreme Court of Pakistan after 15 or 20 years of expensive litigation because of illegal judgments, whose ignorance caused it?
Litigation is lengthy:
A person facing the trial has countless visits to courts. A date in the court means you have to be outside the court along with your witnesses 8 in the morning and remain there till 3 in the afternoon. And don’t expect any facility there including chairs and washrooms. Going to the court means wasting one whole day for countless times.
If you are available, your witnesses are absent.
If you and your witnesses are present, your lawyer is not available.
If you, witnesses and the lawyer are available, the opponent’s lawyer is absent.
If you, your witness, your lawyer, and the opponent’s lawyer are available, the judge is on the leave.
If you, your witness, your lawyer, the opponent’s lawyer, and the judge are available, the lawyers are observing strike.
These are the few reasons for adjournments besides numerous others, which make litigation in Pakistan, highly uncertain.
Judges are approachable:
Many cases are ruined because either party approaches the judge, and the judge tempers with the evidence or gives erroneous decision in favour of one party after taking bribe.
Judges are not answerable to anyone:
There are no checks on the judges. Ideally if the Supreme Court releases a person from jail after a decade and observes that the judges in lower courts have given incorrect finding on the evidence; it should punish those judges who gave erroneous verdicts.
Who is responsible for the hardship of a person who remains in jail for 10 years and his family has no source of earning? The judges, who gave the false verdict in that case. Practically, it never happens.
Judges are cowards:
Many cases are adjourned because the judge it too scared to give judgment. His conscience is with the innocent accused, but he can’t give judgment because he is too scared from the hoodlums who gather outside the court on every date.