The word Justice is derived from the Latin word ‘Justitia’ meaning righteousness. Justice in broad context includes both the attainment and the discussion of that which is just. The concept of justice is based on numerous perspectives including the concepts of moral correctness based on law, equity, ethics and fairness. The general discussion of justice is divided into social justice as found in philosophy and religion and procedural justice as found in the application of law.
The concept of justice differs in different cultures. An early theory of justice was set out by the Greek philosopher Plato. Throughout history various theories have been established. Advocates of divine command argue that justice originates from God. Some theorists argue in favor of natural law. Proponents of social contracts argue that justice is derived from the mutual agreement of all concerned. Theories of distributive justice are concerned with what is distributed, between whom it is distributed and the dimensions of distribution. Some argue that justice can only exist within the coordinates of equality. Theories of retributive justice are concerned with punishment for wrongdoing. Restorative justice is to focus on the needs of victims and offenders.
Unfortunately, in Pakistan none of the above types and explanations of justice seem to fit in, or adhered to. Ironically over here justice is a commodity purchasable and available only to the very powerful and the filthy rich. Hundreds and thousands of examples can be found wherein justice has been delayed, denied, not delivered, or miscarried. To add insult to injury, a prevailing wrong concept and practice is of adjudication, only on the basis of evidence/s presented. If justice is to be delivered in letter and spirit, whether sufficient proof was presented or not, whether prosecution and defense were competent or otherwise, finding facts, survey, research and obtaining enough material, for just and fair adjudication is also the duty and responsibility of an adjudicator, which is not the prevalent norm. The most recent example of failed justice is the Judicial Commission finding, related to the General Elections of 2013. A separate write up on the above has been written and published, link of which is appended below:
Tragically, 3.5 million cases are pending in courts all over Pakistan. The following table will illustrate to a certain degree, how and why justice is and can never be delivered to any litigant and if at all; not timely.
| Average Pakistani starts work / professional life at age : | Average time taken for disposal of a case : | Average age as per a United Nations survey : |
| In between 25 to 30 years. | 1 to 3 decades. | 60 years. |
Detailed below is the chronological sequence of a case, which is awaiting finality for the last 33 years. Purpose is not to discuss the proceedings of a subjudice matter, but to enlighten with a very practical example, of how the judicial system works.
Supreme Court Civil Petition For Leave To Appeal 1607 / 2012 arising
out of Sindh High Court Appeal 77 / 2000.
1982: Establishment of the Saudi Pak Commercial Center and exports by the affected exporters.
1995: Arbitration and subsequent award in favor of the exporters after 13 long years.
1999: Award made rule of Court by an Honorable Single Judge in J.M 54 of 1995.
2000: Government’s High Court Appeal dismissed by an Honorable Divisional Bench in High Court Appeal 77 of 2000.
2000: Government’s hopelessly time barred Civil Appeal 872 of 2000 admitted by the Honorable Supreme Court.
2008: Honorable Supreme Court hears Civil Appeal 872 of 2000 and reserves it for judgment.
2009: Honorable Supreme Court orders a re – hearing in Civil Appeal 872 of 2000.
2009: Matter re – heard and remanded back to the Honorable Sindh High Court for decision by 31-10-2009 in Sindh High Court Appeal 77 of 2000.
2010: Sindh High Court Appeal 77 of 2000 re - heard and reserved for judgment in April 2010.
2012: Matter re – heard 2nd time & reserved on 09-04-2012 for judgment on 29-05-2012.
2012: Judgment in High Court Appeal 77 / 2000 announced on 10-08-2012.
2012: Trade Development Authority of Pakistan directed to deposit the decretal amount in the Honorable Court vide Order dated 03-09-2012 in Executions 13 & 62 of 2000.
2012: TDAP files CPLA 1607 / 2012 in Supreme Court & obtains a stay order.
2015: CPLA 1607 / 2012 admitted by Justice Saqib Nisar of the Supreme Court despite being an Ex Staff Member of Mr Khalid Anwar (Appellant Counsel).
2015: 33 years have passed. No relief & disposal is in sight.
For betterment of the citizens, as well as for the convenience of the Judiciary, a presentation was made and posted on Word Press, detailing suggestions for the liquidation of pending cases. These suggestions, or any other suggestions for that matter, if not adopted sooner than later, will result in further stock piling of cases to a limit less extent, when it would be next to impossible, for anyone to obtain a verdict within ones’ life time. The link is:
On an interesting note, in a very surprising judgment, the Supreme Court of Pakistan has most recently ordered the enforcement of Urdu in every sphere. As luck would have it, modern research, theories and literature etc, even judgments available on the web are all in English. With all due respect for the Supreme Court, a more reasonable judgment would have been regarding the improvement of the standard of education in this country and the enforcement of a uniform curriculum throughout. Instead of improving the standards of spoken and written English, an order to enforce Urdu will deteriorate the international standing of our students. It will also further widen the gap between rich and poor students, because the affluent will continue to send their kids abroad to secure quality education, while the poor will permanently loose the chance of access to English and the materials available therein. So basically instead of going forward, this is a step in the backward direction. The government should have, but did not challenge the order, because the judgment does not concern them, it concerns the poor, unprivileged and the less fortunate class, which does not fall within the purview of personal interests or gains.
Well Done; As Usual !!
Abdul Salam Dadabhoy.
28 September 2015.
by webmaster@insaf.pk (tkiadmin)
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