WORKSHOP ON DELAY REDUCTION IN COURTS

WORKSHOP ON DELAY REDUCTION IN COURTS <!--[if gte mso 10]> WORKSHOP ON DELAY REDUCTION IN COURTS Address by Mr. Justice Dost Muhammad Khan, Judge, Peshawar High Court [November 12, 2006] My Lord Hon'ble the Chief Justice Mr. Justice Tariq Parvez Khan, Peshawar High Court, Peshawar. Distinguish guests, ladies and gentlemen, Assalam-o-Alaikum! The speedy dispensation of justice, in a welfare State, serves as a linchpin, setting the wheel of progress and prosperity to roll on smoothly. Delay in justice today has become a global problem. Since long, many countries of the world are fighting it by introducing drastic changes in the system of Administration of Justice. 2. An Advocate has been given a distinctive attribute of "learned", a universally acknowledged status. Once, when the President of America, at the close of a meeting with his Attorney General in the White House, was proceeding towards the door to see him off, the Attorney General, in a gesture of respect and humility, said that since the President occupied the highest office and was the most powerful man, he may not be pleased to extend him undue courtesy. The President .quickly replied that though there was no doubt in it yet the Attorney General was admittedly the most "learned" which attribute the President did not possess. 3. Advocates belong to a very noble profession. An Advocate occupies high position and wields considerable influence. He is inseparably attached with the system of justice and without his assistance, Judges would not be able to return correct and fair decisions. His importance, therefore, in the Administration of Justice, cannot be ignored under any circumstances. The role of the Bar in reducing delay in the dispensation of justice is of great importance. 4. Unfortunately, for more than four decades, little attention has been paid to the system of justice, comprising mainly the Bench and the Bar. 5. In the recent times, phenomenal development in science and technology has brought about revolutionary changes in all spheres of human life. Where it has benefited human race, it has also given rise to ever increasing and large number of disputes of all sorts and with that the phenomena of "backlog crises". This has also registered a remarkable awareness amongst public of their rights. Family disputes have multiplied, litigation both civil as well as criminal has increased beyond all proportions. 6. The delay in delivery of justice is the greatest challenge we are confronted with today. In our country, the backlog of cases in courts has assumed a monstrous crises, gradually nibbling away our justice system, hence the acute necessity to suppress this mischief. 7. The present Government, with the financial assistance of the Asian Development Bank, launched a crusade in the name of "access to justice" programme with the object to make the system effective and to properly reinforce, streamline and channelize it. 8. In the initial phase, research study was made and after identifying different areas and factors causing delay in justice, comprehensive policy was laid down for revamping and reinforcement of different sectors or the system. I will confine myself to the assigned topic i.e. (The role of Bar in delay reduction). 9. It is regrettable that during the course of research study and the policy guidelines laid down, no concrete and viable recommendations have been made as how to improvise and enhance the quality of the existing Bar Association and the academic excellence in the field of law at the College and University levels. Because of such omissions, we are at present, breeding members for the Bar by increasing the quantity and not the quality. 10. Despite such drawbacks, Peshawar High Court took the initiative and during the last three years has done a tremendous job in successfully bringing about visible changes in the district judiciary by infusing new life in it. However, the district judiciary is frequently forwarding us complaints that lawyer community is not playing fairly its due role of participation to shorten the life of litigation in courts. 11. I think the Bar can contribute a lot in delay reduction. by observing strictly the following principles/ guidelines:-‑ I. An experienced lawyer should never waste the time of the Court unnecessarily. II. He should go to the Court fully prepared and complete his job without waste of time. III. The cross questioning should be brief and purpose oriented. IV. He should be very punctual in attending the Court and as and when cases are called taken up for hearing, he should strive to contribute his share in prompt delivery of justice. V. He should not indulge in brow beating while questioning a witness this would be helpful in saving time and to attend to other cases. VI. A good lawyer should not unnecessarily interrupt his opponent in the absence of any legitimate reason for doing so. VII. Lawyers should not argue with the Court or amongst themselves. Time is thus wasted. A lawyer should present his view point directly to the Court. VIII. The opening and closing arguments by the lawyers should be as brief as possible. Superfluities should be avoided to save time. IX. It may not be necessary to question irrelevant and unimportant witnesses. X. Lawyers who do not make futile attempts at controverting incontrovertible facts or ironclad cases would do a great service and save the time of the Court. XI. Lawyers should avoid asking for and getting adjournment of cases fixed for hearing without a very valid cause. XII. Lawyers should not indulge in filing unnecessary motions at pre-trial or at the trial stage without a legitimate cause. XIII. It would be gracious of them not to accept many cases beyond their capacity, where they are unable to fix a schedule and adjust themselves for appearance in courts. XIV. The files should not he dumped with irrelevant documents to make the task to find relevant papers difficult and do justice promptly. XV. The lawyers should avoid accepting cases of clients from outside stations where they cannot reach on time and diligently pursue them, for this will delay other cases fixed at the station where they ordinarily practise. XVI. Lawyers should not only know law hut must also have complete command over facts. They should plan their cases well. XVII. They should not unnecessarily insist on exclusion of legally admissible evidence relevant to the dispute or issues involved. XVIII. Lawyers should not harass and confuse a witness by putting questions to him at random. This would inevitably prolong cross examination and thus waste the time of the Courts. XIX. Lawyers should be straight and precise in their arguments. Above all they should be generous in admitting which cannot be denied, be it in law or facts. 12. I am confident that if these principles are adhered to then a major source of delay in dispensation of justice will be removed. 13. At the time of accepting a brief, a lawyer must discuss the case with his client in all respects in depth and inform himself of all the relevant facts. This would gain confidence and enable him to prepare his case properly. 14. During trial in civil cases, recourse should invariably be made by a party to a notice to the other side to admit the truth of the whole or any part of the case and/or to admit such documents, saving all just exceptions to their admissibility as evidence in the suit. This would save considerable time and shorten litigation. 15. Both in criminal and civil cases parties place on record documents of reliance. If advocates from both sides give exhibit marks at pre-trial stage to such documents that will also reduce delay in delivery of justice. 16. Lawyers should develop and advance the culture of working .in partnership as a team, specialized in different fields of law. Only an expert should be assigned the job to work on his subject. This will save time as well as reduce delay in the decision of cases. 17. Rapid and tremendous advance in science and technology, frequent interaction in trade and commerce and other fields, between the individuals, departments and the States, has given rise to various and numerous branches of law/specialties requiring legal experts in each. Curricula in our Universities/Colleges have become outdated, indeed obsolete. They are ill -equipped to meet the challenges of the present day. There is urgent need, therefore, to introduce drastic changes in the same. 18. There should be introduced at least three subjects of law at the level of intermediate which should he compulsory for students desiring to graduate in law. And at the post graduate level, it should be made necessary for him to make a choice of one or two subjects of his liking and aptitude to specialize in the same. We will thus have lawyers fully equipped to meet the new challenges. 19. Similar amendments may also he introduced in the Bar Council Act and Rules, that a specialist in a particular field of law will not accept briefs and argue cases not relating to his specialty. We will thus have a class of specialists in different fields of law. They would be able to render proper service to their clients and would he available to the Courts as and when the cases are called. This will avoid unnecessary delay and adjournment of cases on account of their non-availability and add to the dispensation of justice speedily. 20. Above all we need to educate ourselves by providing/ strengthening the code of conduct and ethics for lawyers to inculcate in them the spirit of devotion, honesty, hard work, fair and honest opinion to a client, discouraging frivolous litigation and assisting Courts in speedy justice. I think a lawyer should not be averse to refusing a case or cause, of the righteousness of which he is not convinced. 21. We are faced with a sense of crises, therefore, the Bar Associations and the Bar Councils both require reasonable structural reforms, essential for reduction of delay in dispensation of justice. I think amendments are needed to be introduced in the relevant laws, restricting a lawyer from practising before subordinate and superior Courts at the same time. At the initial stage, lawyers should he entitled to practise law before the District Courts only and after he is enrolled as an Advocate of the High Court, he should not he permitted to practise before the Courts of Magistrate and Civil Judges, remaining confined to the High Court and Courts of Session. Ultimately, when he is enrolled as an Advocate of the Supreme Court, he shall abandon practice at the level of Sessions Courts. This change would curb frequent adjournments sought on this ground. This will also encourage new and young lawyers to work hard and make a place for themselves higher in the ladder. The gap widening between the junior and senior lawyers from clay to day will also be considerably reduced and the amity between them restored. 22. The other section of lawyer community who is in the service of the State also needs special education, skill and expertise in handling their cases more effectively. I think the rules of their recruitment should be channelized properly and they should he given full protection. They should not be thrown away by the powers to he and the change of the Government should not make them lose their offices. There should be, however, a supervisory committee on the pattern of incentives given under the Access to Justice Programme to District Judiciary, to assess their performance regularly. Rewards should be given to those who are devoted and competent and reprimand and censure should be the fate of those who are delinquent and careless. This may even' entail their removal from service. 23. I would he failing in my duty if I do not bring to the notice of all concerned the Islamic principles of advocacy which are supreme for all times to come. I. Establishment of the right and abnegation from lies during the advocacy. II. Advocate should not be entirely arguer or disputer. III. He should be intelligent and hardworking and should be authority in his field. IV. Arguments should be precise brief and comprehensive during the advocacy. V. Should abstain from exposing the draw-backs of somebody without reasons. 24. In the end, I will quote the saying of Truman US President "DO YOUR DUTY HONESTLY AND HISTORY WILL DO YOU JUSTICE" and that of a French Scholar "DELAY IN JUSTICE ANYWHERE BY ITSELF AMOUNTS TO INJUSTICE AND IS A THREAT TO JUSTICE EVERYWHERE" ***