Plans set in motion to clear judicial backlog
• CJP ropes in experts to clear pending revenue, terror cases; forms committees to expedite over 3,000 tax matters worth Rs97bn
• JCP meets today to pick judges for SHC constitutional bench
ISLAMABAD: Chief Justice of Pakistan Yahya Afridi has set in motion plans to clear a backlog of thousands of pending cases before the Supreme Court, and special courts for terrorism and revenue.
In a series of meetings on Thursday, the CJP formed committees comprising judges and experts to devise a plan for clearing 59,435 cases pending in the Supreme Court, including over 3,000 related to revenue and taxation.
The CJP had ordered a “diagnostic study” to devise and execute short- and medium-term plans to clear pending cases, according to an official announcement issued after the meeting.
The strategic plan will be put to public debate and feedback before being finalised.
Professionals from various fields will assess the available resources, the effectiveness of existing court processes, and other challenges before finalising a “workable reform plan with timelines and impact assessment mechanism”.
The proposed interventions will focus on reducing case backlog by improving accessibility and transparency, simplification of processes, technological integration and public-centric approach within the existing legal framework.
In one of the meetings, CJP Afridi expressed concerns over the 3,496 pending tax and revenue matters in the Supreme Court, which have stalled the recovery of Rs97 billion, the statement added.
Emphasising the need for realistic actions, the CJP stressed the importance of swiftly deciding the pending cases and asked the stakeholders to stop the filing of needless cases before the Supreme Court.
The top judge called for shortening the duration of tax cases by not granting unnecessary stays and adjournments.
He also stressed that the government and lawyers should play an active role in clearing the backlog of fiscal cases.
The CJP sought “active assistance” from the Bar and sought recommendations for fixing tax cases as per the lawyers’ convenience for swift adjudication.
He also emphasised the use of Alternative Dispute Resolution (ADR) mechanisms in fiscal cases.
During the meeting, the Law and Justice Commission presented a plan, aligned with global best practices, to quickly dispose of fiscal cases.
The plan’s key components included stakeholders’ engagements and structured measures to speed up adjudication and the formation of a high-level committee.
The committee will evaluate the existing practices, integrate successful global strategies, employ ADR methods, enhance FBR’s legal capabilities and finalise TORs to guide efficient resolution of tax cases.
Taking up the recommendation, the CJP constituted a committee that included SC Registrar Muhammad Salim Khan, tax experts Asim Zulfiqar Ali and Imtiaz Ahmed Khan, and a senior FBR official.
Attorney General Mansoor Usman Awan will support the committee, while tax expert Sher Shah Khan will serve as the committee’s coordinator.
The committee will submit recommendations for reforms to swiftly decide fiscal cases.
It will also propose strategies for categorising fiscal cases, reducing backlogs, and reducing case duration from the initial to the appellate stage.
The initiative will prioritise fiscal cases, make the judicial system more efficient and support economic growth and effective revenue collection.
The meeting, headed by the CJP, was attended by FBR chairman and other officials, tax experts, industrialists, attorney general and secretaries of law and finance ministries.
Pending cases in ATCs
Another meeting, led by the CJP, reviewed the performance of Anti-Terrorism Courts (ATC) and deliberated upon key challenges to ensure the swift and efficient dispensation of justice in terrorism cases, the statement added.
The meeting was attended by ATC monitoring judges from Supreme Court justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Musarrat Hilali, Malik Shahzad Ahmad Khan; provincial oversight judges; prosecutors general from all four provinces and Islamabad.
During the meeting, CJP Afridi outlined the need to assess the current status of pending cases in ATC and identify barriers to the efficient delivery of justice.
The meeting was told that 2,273 ATC cases were currently pending across the country, with a significant portion, 1,372, awaiting resolution in Sindh alone.
The CJP expressed concern over the backlog and emphasised the importance of expediting the cases to ensure swift justice.
The meeting also discussed key challenges faced by ATCs, including adequate security for witnesses, facilitating online appearances for witnesses, enhancing the forensic capacity of courts to support evidence-based decisions and creating additional courts.
He issued directions for the forensic lab in Sindh to help authorities in Balochistan to operationalise similar labs in Quetta.
He called upon the attorney general and prosecutors general to take up the issues faced by ATCs with their respective governments and called for coordinated action to address the paucity of resources.
JCP meeting
A meeting of the Judicial Commission of Pakistan (JCP) will take place today (Friday) to discuss the formation of a constitutional bench at the Sindh High Court (SHC).
The meeting will be held in line with a resolution passed by the Sindh Assembly to form the constitutional bench in the province.
The JCP may nominate SHC judges as members of the constitutional bench in the province.
In another development, the CJP, who also heads the Board of Governors of the Federal Judicial Academy, appointed former Supreme Court registrar Jazeela Aslam as the academy’s senior director of administration. Ms Aslam will serve at the post for the remaining period of her deputation to the SC.
She was a district and sessions judge, serving under the Lahore High Court, when former chief justice Qazi Faez Isa brought her to the apex court and made her registrar on Sept 17, 2023.
Published in Dawn, November 8th, 2024