ISLAMABAD, Oct 27: The Supreme Court could not function properly on Monday as the newly introduced system of fixing cases from a “running list” not only confused the litigants but also the judges.
The two benches, working at the Supreme Court’s principal seat at Islamabad, could take up only two cases but could not conclude even those. The issue became so serious that the newly elected president of Supreme Court Bar Association, Tariq Mehmood had to stand up before a bench of the Supreme Court to point out that the new system was totally unworkable, and should be abandoned.
The Supreme Court, in an effort to end the old cases, has prepared a “running list” without a bench. It gives no indication that when the cases would be fixed for hearing and before which bench of the court.
Two benches have been formed at the principal seat of the Supreme Court, and SC office is directed to fix five cases each before the two benches from the running list. The Supreme Court officials inform the Advocates-on-Record (AORs) on the preceding afternoon that his/her case would be taken up next morning.
Under the old system cases were fixed for one week, and the list clearly stated on what date the case would be taken up.
The court official says that the whole idea was to clear up the backlog of cases, as appeals and petitions as old as eight years are awaiting adjudication.
Those who are opposing the new system, are of the view that the lawyers are put to great inconvenience under the new system, as the lawyer sitting in Quetta, and Peshawar, if told to appear before the Supreme Court at Islamabad next day, in majority of the cases they would not be able to reach before the court at such a short notice.
In case he comes to Islamabad knowing that his case was in the running list, it would put the litigant under great financial burden as he would be responsible for his stay in the expensive city of Islamabad. Not only this, the lawyer would not be able to represent his clients in other cases, pending before the high courts or lower courts.
Tariq Mehmood, SCBA president, stated before the SC bench, headed by senior judge, Justice Munir A. Sheikh, that the newly introduced system was totally unworkable.
He pointed out to the bench that five cases from the running list were fixed before his bench, which were at serial No 12, 59, 73, 80 and 81.
The lawyers’ representative said it was difficult to comprehend why the cases were not fixed in accordance with the serial number as it might give some idea to lawyers and the litigant when their case would come up for hearing.
At this Justice Munir A. Sheikh, called the Deputy Registrar Aziz Ahmed (judicial), to explain the system. The senior official explained to the court that the new system was applicable only to the extent of cases filed in 1995-1998.
Justice Munir A. Sheikh after listening the official annouced that in future, five cases, in accordance with the serial number should be fixed before his bench. Chief Justice Sheikh Riaz Ahmad is not in Islamabad, and is presiding a bench at SC Registry at Lahore.
