ROSTER fixation in high courts refers to the process by which judges are assigned to deal with specific types of cases or areas of law. The primary goal of roster fixation is to streamline the judicial process, improve efficiency, and enhance the quality of judgments by matching cases with judges who possess relevant knowledge and experience.

Recently, I appeared before a judge of a provincial high court who had specialised in corporate cases and those in the field of intellectual property law.

According to the roster, the said judge was hearing cases involving civil appeals, revisions and miscellaneous applications.

During the proceedings, I had to perform two roles: representing my client, and informing the judge about well-settled legal principles of civil law. The judge was generally not satisfied with the arguments presented by the advocates. When judges are not satisfied with the arguments, the parties ultimately suffer, leading to a miscarriage of justice, which, in turn, adds to the backlog in the Supreme Court against such decisions.

When appointing judges to a high court, there should be a thorough evaluation of their academic and professional backgr-ounds, elevating those who have exper-ience across various areas of law. Such judges should be placed on every roster to ensure justice for the parties involved in litigation.

Neither the Supreme Court nor the high courts have any law addressing the accountability of their own institutions. These institutions, which are supposed to teach the entire nation lessons on acco-untability through their judgments, fall short in this regard.

Therefore, competent and dedicated judges who strive to transform the system may feel reluctant to do so due to the poor policy on roster fixation.

The reputation and conduct of judges significantly impact public trust. A transparent roster fixation policy can bolster the people’s trust in the system. It will allow stakeholders to understand how the judges are assigned, and will also ensure accountability in the process.

Abdul Samee Sohoo
Karachi

Published in Dawn, October 31st, 2024