Chief Justice (R) Kundi addresses NAB Seminar

Chief Justice (Retd) Abdul Karim Khan Kundi's address at a seminar on "Justice Delayed is Justice Denied" versus "Justice Hurried is Justice Buried" organized by the National Accountability Bureau (NAB) and Federal Judicial Academy in Islamabad.

Full text of Justice (R) A.K.Kundi's speech
The News, Friday May 06, 2005 article

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On 5th May, 2005, the Director General of the National Accountability Bureau (NAB), Islamabad arranged a seminar on whether a viable solution can be found to the age old dilemma of whether 'Justice Delayed is Justice Denied' or 'Justice Hurried is Justice Buried.' The Federal Minister for Law, Justice and Human Rights, Mr. Muhammad Wasi Zafar, was the Chief Guest on the occasion. Some of the other eminent guests included Chief Justice (Retd) Abdul Karim Khan Kundi, NAB Prosecutor-General, Mr. Irfan Qadir, Justice (retd) Fazal Karim and Justice (Retd) Mansoor Ahmed, Secretary of the Ministry of Law, Justice and Human Rights.

Chief Justice (Retd) Abdul Karim Khan Kundi, Senior Advocate of Kundi & Kundi, Advocates & Legal Consultants, delivered an address on the issue of whether Justice Hurried is Justice Buried. He stated that rushing justice would be effectively crushing it and referred to the reforms in the Indian Civil Procedure Code, which he said were breached more than they were adhered to. He stated:

"In India, for example, where there are about 2.8 crore cases pending in the courts, amendments have been brought about in the Civil Procedure Code laying down stringent time periods for completion of pleadings in civil cases. The number of adjournments which can be granted by Courts in the proceedings has also been restricted. We could emulate India. However, it is widely acknowledged there that these amendments in the CPC, relating particularly to restricting adjournments, are mostly breached than observed."

He went on to state some of the major reasons why justice is delayed in the courts:

"Adjournments regularly cause delays. The lawyers are then blamed for using such delaying tactics, but what needs to be realized is that no lawyer can succeed in taking an adjournment if the Court refuses to grant it. But to be fair, it is not the Courts that are to be held liable for this either, for in most circumstances they are helpless. Innumerable cases are listed every day before a Civil Judge in almost every major urban center of Pakistan. It is obviously not possible for a Judge to seriously hear and finally decide more than 3 to 5 cases in a day. In the remaining cases, only interim orders or directions are passed. In this way, the cases continue to pile up in huge proportion."

After delineating the numerous hurdles faced by the judiciary, he stressed that the judicial system must strive to overcome these hurdles despite its many handicaps because it was the only hope for the masses:

"... Ladies and Gentlemen, in spite of these odds, the Judicial service of Pakistan being the last bastion of hope for the masses must continue to discharge its functions to the best of its ability and competence. The large number of cases pending in Courts and the surge of new cases being lodged every day could be taken as a proof of people's increasing demand for justice."

He laid down numerous points regarding the viability of reforms that attempted to hasten the judicial process. He stated that such reforms would be rendered futile if they were not coupled with an increase in the number of judges currently serving and an institutionalized system of training aimed at increasing efficiency.

"What needs to be done is to increase efficiency in the judicial system, placing the emphasis on delivering more justice in the least amount of time and not simply being pressurized into delivering more decisions in less time.

In this regard, once more judges have been made available, as I pointed out before, judges should never have more than 30 matters listed before him or her on any given day. A class of special judges with an exemplary record of quick disposal of cases should be entrusted with long-pending matters and no new matters should be listed before such judges ? the focus being to clear up the backlog and prevent new cases from 'clogging the pipe'. Moreover, monitoring mechanisms need to be developed for judges of all the courts whereby both quantity and quality of judicial work would be objectively monitored.

Also judges in the District Courts need to be trained to be able to face new challenges that will require adaptability and flexibility on the part of the judge. A system of continuing education, refresher courses and orientation programs designed to enhance a judge's skills and knowledge base should be established for imparting quality justice. I am happy that the Federal Judicial Academy, where we are holding this seminar today, is making a good effort in this regard. But more needs to be done."

Other speakers reiterated the need for reform, both procedural and otherwise. Federal Minister for Law, Justice and Human Rights, Muhammad Wasi Zafar, said, "If government departments, especially police, revenue, CBR besides other executive departments will provide justice to the people without delay, then more than 50 per cent litigation can be curtailed."

Also present at the event were senior officers of the National Accountability Bureau and a large number of advocates from Rawalpindi and Islamabad