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November 16, 2005 Wednesday Shawwal 13, 1426

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Backlog hinders speedy justice, says CJP



By Our Staff Reporter


ISLAMABAD, Nov 15: Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry on Tuesday said dispensation of justice in the country was not expeditious as courts operated under heavy backlog. “Judges almost at every stage of judicial hierarchy have their dockets full, which is a cause of concern and worry,” he said while speaking at a conference on “Privatization of justice” at a local hotel.

He said resource constraints had been a major factor for the backlog and prolong pendency.

“We are a developing society in a world that has changed enormously. There has been phenomenal growth and advancement in science and technology, while the advancement in the field of communication and information is astonishing.”

Such changes, he said, were posing many challenges and opportunities; therefore, developing societies like Pakistan must strive to respond to such developments.

Though globalization and WTO regulations offer benefits, they also raise problems and challenges, “and we need to grab the opportunity,” he said.

This necessitates changes in our legal system as well as in the administration of justice. The enactment of appropriate laws and their implementation for expeditious and economical resolution of disputes will go a long way in dispensing justice, particularly in the areas of commerce, trade and finance. The use of different methods of ADR (Arbitration for Dispute Resolution), therefore, would help in quick resolution of disputes.

The chief justice suggested that the judiciary should play a supervisory role in ADR mechanism to help reduce burden on courts that will also lead to add confidence in the judicial system besides providing an impetus to local and foreign businessmen to trade and invest in the country.

“Experience shows that businessmen, traders, contractors and industrialists all desire a quick and efficacious resolution of disputes. They are practical people who understand the value of time,” he added.

Justice Tassaduq Hussain Jillani of the Supreme Court suggested preparation of a comprehensive instructional code for judges at the district level to help them adopt the ADR techniques.



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