Obiter dicta

Published February 21, 2018

PRIME Minister Shahid Khaqan Abbasi has rightly asked in parliament whether judges have the prerogative to pronounce obiter dicta like “thieves, dacoits and mafia” in politically-motivated cases. Democracy is majority rule. The bitter truth is that the prime-minister-to-be who approached the courts lacked the clout to oust an incumbent PM from parliament.

The usual means for removal is a no-confidence motion. Did politically-tainted cases make justice more accessible to the non-political aggrieved?

A Dawn report by Nasir Iqbal (Feb 19) states that a fresh judicial policy is being sought to curb delay in justice. It takes on average 25 years to conclude litigation in Pakistan.

The shelf-life of an average case in civil courts of Punjab is over 37 months and from its institution to the passing of decree, an average case requires around 58 hearings.

There are 330 administrative tribunals and special courts that are still seized with 159,243 cases despite a budget of Rs4.3 billion. The litigation cost and time involved is prohibitive. I would like to quote my experience as an example.

I was a civilian officer paid from defence services. Despite reminders from my lending department, the Pakistan Air Force has failed to pay my rent arrears for quasi-deputation period since 1990s. Even after eight years of retirement, I am still unpaid.

Will the Chief Justice take suo motu notice of such cases? It is never too late to put one’s own house in order.

Amjed Jaaved

Rawalpindi

Published in Dawn, February 21st, 2018

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