FOLLOWING commendable police reforms introduced last year, the Khyber Pakhtunkhwa government has achieved another important milestone with a raft of amendments to the Code of Civil Procedure, 1908, approved by the provincial cabinet last week. The reforms are intended to rationalise and streamline the litigation process, reduce unnecessary and wasteful delays and complete the trial process with minimal disruptions. Drawn up in consultation with the Peshawar High Court and the legal community, the reforms could go a long way towards improving the experience of the citizenry when it approaches the courts for justice. Indeed, one of the most consistent complaints about the Pakistani judicial system is that legal manoeuvring by parties intent on avoiding justice prevents the substance of the dispute from being adjudicated on for many years. Procedural delays may be a defendant’s best friend, but they can be the enemy of justice. In addition, the barriers to frivolous litigation have historically been low, miring the judicial process in excessive litigation that prevents genuine disputes from being heard in a timely manner. The reforms also aim to reduce the possibility of frivolous litigation and in doing so will help the judiciary better utilise its time.

The Code of Civil Procedure was devolved to the provinces under the 18th Amendment and it is welcome that the KP government is leading the way on necessary reforms. Studying the impact of the reforms once they are implemented will be important too because unintended effects and new problems can reveal themselves when archaic processes are overhauled and prepared for use in the 21st century. It is important to remember that reforms alone will not thoroughly overhaul a broken judicial system. The quantum of resources, especially the number of judges, will have to be increased manifold if an acceptable quality of justice is to be delivered in a timely manner to the public. Moreover, the Code of Civil Procedure is only one side of the judicial process; the other is the Code of Criminal Procedure, a federal subject. Imran Khan has publicly stated that the KP government has forwarded a number of recommendations to the federal government to reform the CrPC and urged reforms to be taken up quickly as mandated by the National Action Plan. Political pressure of the kind being exerted by Mr Khan on this particular matter ought to be applauded. The federation will only improve if its constituent units urge positive change.

Published in Dawn, January 22nd, 2018

Opinion

Editorial

AJK elections
29 Jul, 2026

AJK elections

CONSIDERING the political unrest that has rocked Azad Jammu and Kashmir in the recent past, free and fair general...
Still vulnerable
29 Jul, 2026

Still vulnerable

THE State Bank’s decision to hold the policy rate at 11.5pc is a prudent response to the heightened risks the...
Guarding the past
29 Jul, 2026

Guarding the past

THE return of 513 smuggled archaeological artefacts from the US is a welcome homecoming for objects that should ...
Lull in fighting
Updated 28 Jul, 2026

Lull in fighting

AFTER two weeks of escalating violence, the US has halted its strikes on Iran, with Tehran also silencing it guns....
Water policy
28 Jul, 2026

Water policy

THE country is caught in a crisis where there too much water at the wrong time and too little when it is most ...
Ending hepatitis
28 Jul, 2026

Ending hepatitis

WORLD Hepatitis Day is being observed under the theme ‘Hepatitis: Let’s break it down’, a call to remove the...