Justice Delayed is Justice Denied
whenever any disagreement for the difference of opinion regarding the rights obligations emerges amongst the member of civilized society, they look for an institution to advise them on the basis of merit. is the timely advice, direction our decision is not provided to them, this disagreement turns into dispute or conflict. These disputes may relate to social economics our political interest of the members of that society.
in the civilized world, the courts are created and empowered by law to address such differences and resolve the disputes between the members of the society. even the state has recourse to the court to vindicate the public interest, especially in criminal matters. The court is therefore regarded as a prime institution for an orderly society Where the court is not in a position for any reason to timely and properly addressed the issue in dispute the people are born to lose faith in this critical Institution of government with the result tense to adopt other courses of action to resolve their disputes including self-help.
On paper, we are all free and equal citizens of the republic but neither freedom nor equality is equally practiced. There are so many ways in which a was numbers of citizens are in conditions taken to slavery and servitude but here I invite you to think about those who are deprived of freedom in the name of law and Justice. Social Justice will be possible only if the entire concept of equality in a freewheeling Political social system is followed where no one is exploited where everyone is liberated and where everyone is equal and free from hunger and poverty.
the proverb justice delayed is justice denied is true as it is denied to the poorest of the poor. Providing basic necessities to them will amount to justice because the definition of justice varies from individuals to individuals on the basis of its economic conditions. As we look at the variety of criminal cases involving high profile people we can notice that they tend to move quickly and gain positive results mostly in their favor. Nobody is brothers or sheds a tear when an ordinary person comes under the scanner and is convicted, falsely or not.
But when powerful politicians or other influential people come under the scanner, rules are bent and a way out is found to safeguard their interests. They are for an independent Impartial speedy and efficient judicial system is the very essence of Civilization. The present justice delivery system in our country is not above the criticism with the filling up of millions of cases. there are cases that take so much time that even one generation is too short to receive any e Reprieve.
This really paints a very dark and gloomy picture of our prevailing system of justice. The inadvertent delays backlogs and uncertainty associated with outcomes have diminished the quality of justice which has led to the loss of confidence of the general public in the judicial system.
Every now and then examples of people taking the law into their hands by punishing their thighs snatchers and culprits on the scene of occurrence are clear evidence of May above statement.
The imposition of many ironic and dilatory procedures has proved to be extremely damaging to our governance and Society. Our laws of interpretation and adjudication have led to enormous miseries for the litigant and have forced people to look for extra-legal alternatives.
Anyone who is even remotely exposed to the problem of land grabbing in our cities is a house owner finds it Virtually impossible to evict a tenant after notice given to self-occupation can easily understand how the justice system is ineffective in our society. In the justice delayed is justice denied is a very smooth saying. But it is not as easy to understand without cal clarification as to what actually is meant by the delay of Justice.
Justice is something mean to be handled at the present movement full star without an effective justice system there can be no state was the name. It is rightly called that justice is a shield of Innocence And The Guardian of civil rights.
This is so because like Martin Luther King said injustice anywhere is a threat to justice everywhere. Therefore for a good Judiciary, it is essential that justice should be impartial speedy, and cheap. Therefore if someone delays something as important as justice knowing that injustice is a threat to its then the person is denying justice. The reason one goes to court is to get justice and therefore where justice is delayed it is similar to a denial of justice.
Along the lines of former Chief Justice of the United States won a burger in Anderson to a meeting of the American bar association on August 10 9070 Said thE a sense of confidence in the course is essential to maintain the fabric of ordered Liberty for free people and three things could destroy that confidence and do incalculable damage to society
1: that people come to believe that inefficiency and delay will drain even a just judgment of its value
2: that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot indicate their legal rights from fraud and overreaching
3: that people come to believe that law in the large sense cannot fulfill its primary function to protect them and their families in their homes at their work and on the public streets.
The first point implies that delay can render a favorable judgment of the court meaningless to the victorious party. The second and third points are Are sure recipe for despondence and Resort to self-help. it is therefore imperative that all the stakeholders make committed efforts to guard against These outcomes. Falling from the foregoing it is clear that the socio-economic and even the political development of the state will be impeded where the system for the administration of justice is fraught with Inordinate delays.
Justice delayed is justice denied 75 years ago we declared ourselves as independent but still, the process of delivering justice to the people is ambiguous Unclear, and delayed. People are crying to go to court for seeking justice unless the circumstances force them to do so. It has been seen that the rich and The Mighty are being given a greater sense of the benefit of the doubt rules and laws being amended overnight to give them relief as fast as it can be.
The poor and deprived people being under the thumb of the loss for many years have been seen that justice is being circumvented and denied to ordinary people. The person is the underbelly of any system and it reflects the clear segmentation of society and the nation. Most people from low incomes And The depraved side of life or end up there. Therefore it is causing frustration and disgust to word the existing judicial system. It is a fact that in most of the cases the grandsons are appearing before the court and fighting the cases filed by their grandparents.
the common saying among litigants is that in a court battle both parties to the dispute are losers only lawyers are the gainers. The basic issue is that by delaying the progress of any case one party is getting an advantage and the other one is suffering.
In lower courts daily around 150 to 200 cases are being called for hearing and almost 90% of cases are adjourned without any progress complainants and the opposite visits the court only for getting the next dates. One can observe this an ending process before all the course will stop the parties to the dispute a real aware that by just one call from the court’s office their case is adjourned to another Many month and the party who is in need of adjournment is directly benefited.
We find that the working of the whole of the system is not satisfactory at all. As a result, there is an inordinate delay in the disposal of cases due to highly time-consuming procedures coupled with many other reasons for stopping the number of cases in the course is also increasing day by day to stop the time taking on the case to reach to its conclusion is goes to years together. causes those delays injustice.
in between seeking justice and deliverance of justice, there are a lot of prerequisites for Modalities of rules/ regulations and prescribed procedures. The governing proceedings of the court are time-consuming but can avoidable for the purpose of lack of sufficient quotes the clogging of the merit Les cases and the use of the courts to settle the matter which could be resolved by negotiations. Another reason for the delay in deciding the case is a shortage of judges other judicial staff and poor infrastructure. Justice as such is become costly Le in terms of time and money.
since the citizens are unable to apply costly lubricants to the part of mechanism attached to the system will stop one more reason which leads to delay in getting justice or the sense of injustice is the inappropriate authority vested in the hands of iOS of Administration who often leveled allegations and charged the individual under the umbrella of magistrate power but the letter on point difficult is to prove it in the court of law due to either insufficient knowledge of law inefficiency on the part of work or succumb to some invisible pressure. search cases in litigation for an indefinite time period and filed in the office forever.
But the Avengers done with someone due to false charges which were not decided on the merit due to any reason remain alive in the heart and lead to disagreement unrest and protest. Inspect and just is the mother of any dispute conflict or violence and force the individual are masses to opt for recourse of the way that they consider will bring justice to. it is a matter of serious concern and That as many as millions of cases are pending in the Pakistani courts the legal Maxim has attained the status of a relying cry for legal reforms who view quotes are government as acting too slow in resolving legal issues either because the existing system is to Complex are overburdened or because the issue or party in question lacks the political will to reach to add any justifying solution.
Remedial Measures
While the problem of delay looks Daunting it can be dealt with by having more making Judicial Service more attractive by attracting good lawyers and filing all vacancies at various courts. We can conclude from the above discussion that we should not resort to extraordinary Hurry up cases by whatever means. as justice delayed is justice denied similarly the same justice hurried is justice buried is equally true. Therefore sufficient reasonable and diligence in the hearing of every case with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience.
In order to do away with the overburden after law courts are strict scrutiny system through the real qualified and experienced specialist of the subject matter be introduced for their study and recommendation for purpose prosecutions or otherwise so that only the Bona FIDE cases are okayed for prosecution and send to course. Secondly e a time limit should be fixed for the disposal of cases.
The remuneration of the lawyers should be fixed of the evaluation of the cases by a competent court officer in consolidation with the senior office bearers of the bar association. Cases should be decided for imparting justice, not for the sake of its disposal. Secondly, arbitration procedure must be utilized as a better option for quick disposal of the cases. Unless such a step to ensure speedy disposal of cases are not taken the present system cannot give a desirable and sets factory performance.
Conclusion
As a matter of fact, the system of law courts that we inherited from the British rulers has grown of age and needs modifications and these modifications are should be such which suit our needs and convince. The modifications should aim at shortening the period of proceedings of the course amendments and the rules and regulations governing Court proceedings and simplification of the procedures so that people’s faith in the legal system may not be finished. The Bar the bench that Administration and representation of people through Parliament indeed all stakeholders must work together to identify the cause of the delay and the prevailing sense of injustice and come up with suggestions on how to deal with the problem.
in any society, human instructions will always bring about differences of opinion and views as well as solutions to the problem. Finally, to conclude with the words of Lord Hewetas it is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done.
Thanks for Your Patience Reading.