Over 1,805,250 cases are pending in different courts including Supreme Court, Federal Shariat Court, five high courts and district judiciary of the country. The consolidated data showing pendency of cases in the different courts was produced before the National Assembly Standing Committee on Law and Justice. As per data, 41,102 cases are pending before the Supreme Court, 375 before the Federal Shariat Court, 306,985 cases are pending before five high courts and 1,456,788 cases are pending before district judiciary.
The meeting, which was presided over by MNA Riaz Fatyana, was informed that out of 306,985 cases before five high courts, 166,157 cases are pending in the Lahore High Court (LHC), 88,931 cases in Sindh High Court (SHC), 28,929 in Peshawar High Court (PHC), 5,865 cases in Balochistan High Court (BHC) and 17,103 cases are pending in Islamabad High Court (IHC).
The district judiciary in Punjab remained at the top of list with 1,103,402 pending cases, followed by district judiciary of Khyber Pakhtunkhwa with 201,471 cases, while 99,737 cases are pending in district judiciary of Sindh. Over 13,970 cases are pending in district judiciary of Balochistan and 38,208 cases are pending in the district judiciary of Islamabad, the documents said.
While briefing the committee on proposals for reforms, improvements and amendments in the present laws, Executive Director Pakistan Institute for Parliamentary Services (PIPS), Zafar Ullah Khan said that the total number of laws in Pakistan is 740, of which 203 were framed before Independence and are laws of Colonial era. "Out of total 740 laws, 230 are ordinances which were enacted during the martial law regimes which have now become laws," he said, adding that 307 have become acts through private or government bills.
Khan said that rules of 68 laws have not been made so far and there is no mechanism to determine why the rules of these laws are not made. "We have asked different departments to provide rules but they did not provide," he said. He also suggested making implementation chart of different laws.
He said that a single election law was framed after consolidating eight different laws related to election. There are different laws on poverty alleviation, women rights and human rights in Pakistan, he said, adding that these laws should be consolidated like election laws.
Khan said that main problem behind the failure of implementation of these laws is the failure of departments concerned to formulate the rules and regulations which are delegated to these departments.
Fatyana said, "We have better laws but their non-implementation creates problems. The people move to the Supreme Court or any other court of law for implementation of judgment."
Chaudhry Bashir Virk said that making a law is important but its implementation is more important. "Implementation of laws is the responsibility of executive and amendment in laws is the job of the Ministry of Law and Justice," he said, adding that poverty does not eradicate through framing laws. He said that changing of laws is not the solution to problems but solution lies in their implementation.
MNA Lal Chand said that the committee should take serious notice of the delay in making rules of different laws. "Without rules, implementation of laws is not possible," he added.
Muhammad Farooq Azam Malik said that the committee should play its role to ensure provision of inexpensive justice to the poor.
Khawaja Saad Rafique said that in-camera meeting of the committee should be convened in order to discuss in detail the domain of this committee as well as to discuss thoroughly those laws which violate human rights. "Total number of prisoners in Punjab is 50,000 and physical torture continues in our jails," he added.
The committee recommended the Ministry of Law and Justice to propose law for ensuring making of rules within six months time. The parliamentary committee also asked the Ministry of Law to make a proposal regarding implementation on chart of laws and produce it before the committee. It was further recommended that the ministry will provide the proposals for consolidation of various laws. Senators Atta Ullah, Sher Ali Arbab, Syed Hussain Tariq, Aliya Kamran and Shunila Ruth, Secretary Ministry of Law and Former Justice Abdul Shakoor Paracha and other senior officials attended the meeting.
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