CRISIS OF CIVIL JUSTICE DELAYS IN PAKISTAN: CHALLENGES AND INNOVATIONS

Abstract

This research paper examines the issue of delay in the Civil Justice System of Pakistan (CJSP) through exhaustive qualitative analysis aiming to diagnose the main causes behind the delays in civil trials. The dispensation of "expeditious and inexpensive justice" to the people of Pakistan has been guaranteed in the Constitution of Pakistan but it has virtually been denied by unjustified and inordinate delays in deciding a civil case. Overall, CJSP has been globally ranked at 129th and in terms of unreasonable delay in civil justice, it has been ranked at 111th of the total 142 countries of the world in the Rule of Law Index, 2023. It appears to be the true interpretation of the legal maxim "Justice delayed is justice denied". It not only affects the litigant psychologically but also burdens them financially. Despite concerns and measures taken by the stakeholders, it has not been curtailed rather increasing day by day with the increase in the population and filing of fresh cases. It has become one of the chronic predicaments in CJSP, which is likely to grow like cancer in the human body in the absence of rapid and profound proactive measures. This paper proposes innovative feasible reforms with a multidirectional approach for curtailing such delays; including robust case Management, promoting A.D.R mechanisms, recording of evidence by appointing commissioner and through video calls, the constraint on appeal/revisions against orders on interlocutory applications, removing linguistic barriers etc.