ISLAMABAD: In a bid to ensure speedy disposal of cases pending in different courts due to repeated adjournments – a major cause of delay in disposing of the cases – the country’s top court has proposed some specific amendments to the Code of Criminal Procedure, 1898 (CrPC) and the Code of Civil Procedure (CPC), 1908.
A 13-page judgement authored by a division bench of Justice Muhammad Ali Mazhar, said that there is a significant rise in the number of cases on the court docket, attributed to an upsurge in litigation across various sectors.
He said that the widespread criticism and condemnation from masses regarding delays in disposing of cases, especially civil suits, tends to focus exclusively on the courts, without recognising the fact that the parties and their lawyers are equally responsible for the delays.
He called for incorporating a specific timeline into CrPC, saying a significant portion of the delays is mainly due to non-submission of reports in accordance with Section 173 of CrPC.
“Even if a report is filed by the investigating officer, much time is consumed by courts in framing of charge […] it is not properly regulated or controlled with any dedicated timeline of completing the tasks-framing of charge, completion of evidence, and recording statements of the accused,” he added.
According to Article 202 of the Constitution, he added, a high court may make rules regulating the practice and procedure of the court or of any court subordinate to it.
“It is the need of the hour, rather a pressing priority, to incorporate a proper stage-wise case management system in CPC, from the date of admission of suit till its culmination with dedicated timelines for stage-by-stage proceedings to be complied with, by courts and parties both.”
In exercise of the powers conferred under articles 202 and 203 of the Constitution, he added, the high courts can also frame and amend the rules to make the system more effective and meaningful for its subordinate judiciary.
He stated that mere criticism whether aimed at exploitation or gaining advantage, does not address the issues within any system, unless concrete and sincere efforts are made for improvisation with inventiveness to rectify the shortcomings that lead to delays in disposing of the cases.
’Thus, mindful of the method of first in, first out, a new/ separate chapter ought to be incorporated in the CPC under the nomenclature of case management with stage-wise, dedicated timelines of each step of proceedings,“ he added. He concluded that this should encompass the establishment of provisions for case aging and time limits regarding the resolution of interlocutory applications from the original to the appellate stage, adding it should be uniformly enforced with penalties for non-compliance, which may include but not be limited to imposing costs.
Copyright Business Recorder, 2024
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