12 September 2004	Sunday	26 Rajab 1425

PESHAWAR, Sept 11: The Chief Justice of Pakistan, Justice Nazim Hussain Siddiqui, on Saturday called for amendments to procedural law for dealing with the growing problem of pending cases.

He said that increasing the number of judges was not a solution to this problem and added that "we have to bring certain changes in the procedural law."

Addressing the inauguration ceremony of the Supreme Court Branch Registry building here, the chief justice said that with the passage of time the problem of litigation had aggravated. There were so many types of cases which in the past were never filed, he added.

"Last year we had about 19,000 cases and during less than one year the pending cases have crossed 25,000 despite disposal of more than 7,000 cases. If the increase continues like this, I apprehend, rather I am sure, after 2-3 years the number of pending cases will touch 45,000-50,000."

The chief justice pointed out that there were only nine judges of the Supreme Court in the United States. "They also decide cases, but they have a different procedure. Not every case is heard in the court as only selected ones are fixed for hearing," he said.

He emphasized that judiciary had to resort to mediation and conciliation in small cases which lingered on for nothing and were decided when the purpose was frustrated. "There are useful means of settlement of disputes through friends and relatives and respectable citizens," he maintained.

He mentioned three types of such cases.

The first category, he stated, comprised rent cases. "Recently in a rent matter coming before me, proceedings were initiated 29 years back and ultimately it was decided and during 29 years four generations passed in litigation. Ultimate result remains the same that some time is given to the tenant," the chief justice recalled.

"Why don't we make such procedure that at least cases of this type are disposed of as early as possible?" he asked.

The second category included the family matter. Justice Siddiqui stated that a woman filed a suit for dissolution of marriage when she was 20 or 25 years old, and it was decided when she was 45 years old. "Her entire life is spoiled in the process. Our sympathies will never make her young again," he added.

About the third category of cases, which were tax matters, the chief justice stated that stay must be granted if justification was there. But it should not be granted as a routine, he cautioned.

"If proceedings in tax matters are unduly stayed, it causes dual loss to the government and dual benefit to the person in whose favour the stay is granted."

Justice Siddiqui suggested that the court must evolve new strategies to deal with these categories of cases and said this could only be done with the consent of lawyers, the litigants and all other concerned with the system.

Earlier, the chief justice inaugurated the Supreme Court Branch Registry building on the Khyber Road.