A lay-man’s vision of improving our judicial system!

With not enough jobs available and a lot of young, well-educated girls and boys, spending their times by engaging in domestic chores or loitering the streets and roads, there is no dearth of ‘dreamers’ in our society!

So, here is what one such ‘dreamer’, let us identify him as ‘Nikka’ (young), dreams to reform Pakistan’s judicial system, transforming it into worlds’ best, transparent, efficient and effective judiciary!

He is well aware of the ground realities but still, somehow, he strongly believes in the proverb: ‘Justice delayed is justice denied’ as well as that it is never too late to correct mistakes!

Number 1: Nikka dreams that every case, whether a civil suit or a criminal one, once registered and brought to the court of law, the civil judge must decide it within a period of one year.

To achieve the objective, the case should be heard at least once a week. No adjournments should be allowed on the pretext of ill-preparations or collection of further evidence.

Whichever lawyer may seek adjournment to some future date should pay the fee of the other lawyer in the case for that day. He should also pay the TA/DA to all the opponent party members, including witnesses, who may be ascertained to be present in the court on that day in connection with the hearing of the case. The payments should be made instantly and in cash.

The TA/DA should be calculated on the basis of the daily income of the individual entitled to receive it and the travel expenses should be on the basis of actually spent on provision of ticket/receipt of transportation.

In case the hearings are taking place regularly the state should pay the TA/DA to the witnesses appearing before the court of law.

On the day of announcement of judgment in the case, the party declared wrong/guilty should be made bound to bear all the expenses, including the fee of the lawyer of the innocent/exonerated party in the case.

In case of demand for adjournment of a case to the next date, the court also must impose a compensatory fine on the adjournment seeker, calculated on the basis of the value of time of the court depending on its human strength (including Judge), their salaries and electricity/gas charges consumed for that period for wasting court’s time.

Number 2: Nikka dreams that if the party losing the case in the civil court decides to go into appeal in the sessions court, then the session court should hear the case on weekly basis and decide the matter within a period of 6 months. Other terms and conditions should remain as in the case of case proceeding in the civil court.

Number 3: Nikka dreams that if the party losing case in the session court may decide to approach the high court, then the high court should decide the case within a time period of 3 months while hearing the case at least once a week and other terms and conditions should remain as those were during the proceedings of the case in the civil court.

Number 4: Nikka dreams that if the losing party may still not be satisfied and may decide to take the case to the Supreme Court of Pakistan, then the Supreme Court of Pakistan should dispose of the case within a month’s time with at least one hearing of the case every week. The terms and conditions of the case proceedings should remain as those already established in the civil court.

Nikka also dreams that the judges would be announcing a term of instant imprisonment and a cash fine, enough to really hurt, if one testifying before the court of law, at all levels, is found giving a false/fake statement as a witness.

Nikka also dreams that the judges would be announcing ‘community service’ punishments to those found involved in petty crimes like brawls, petty thefts, small traffic rules violations, especially to the youth.

Nikka dreams that the judges in future would be handing out instant punishments, like if a youth is booked for violating a traffic rule (not wearing helmet, over speeding, one-wheeling, jumping signals, mocking law) should be directed to wear a special jacket, go out within the premises of the court complex, pick all the polythene bags and synthetic trash in a special bag provided to him till the court is in session! This punishment could be expanded to areas beyond court complex premises.

Nikka dreams that a time will come when the judges will be handing out a punishment to ones booked for petty crimes to wear special jackets, go to the nearest public hospitals and help patients with their needs. However, Nikka is confused whether he should call it a dream or a nightmare!