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Tuesday, April 16, 2024

Model Courts: How a silent revolution in Pakistan’s judiciary transforming its course?

In a latest development, Chief Justice of Pakistan, Asif Saeed Khosa, has approved 57 new model courts to operate across the country inorder to ensure speedy and accessible justice. It was revealed that 40 of these model courts will operate in Punjab, 16 in Sindh, and one in Balochistan.

News Analysis |

The model courts will start working from June 24 and a workshop will be held, for training the judges, at the Federal Judicial Academy on June 19 in Islamabad.

CJP Khosa has been making all efforts to upgrade the justice system in Pakistan through modernizing it. In May, for the first time in the history of the country, the Supreme Court of Pakistan began hearing cases through video link. Initially, the e-court system was available at SC Islamabad and Karachi registry. Justice Asif Saeed Khosa remarked that the e-court system would be instrumental in dispensing swift justice at a low cost.

Performance of Model Courts

The model courts have decided some 1,523 cases across the country in 12 days since their inception on April 1st. According to a report of the monitoring cell, during the first 12 days, the performance of model courts remained exemplary as they decided 642 murders and 881 narcotics cases.

Some lawyers have rejected the criticism leveled by the All Pakistan lawyer representatives’ and demanded them to stand by the court in its efforts to provide speedy and cheap justice to the nation.

According to details, about 5,966 witnesses were testified by the courts, including 163 in Islamabad, 2,502 in Punjab, 1,077 in Khyber Pakhtunkhwa, 1,155 in Sindh and 1069 in Balochistan.

The courts decided 635 murder cases and gave death sentences to 45 of those accused, including two in Islamabad, 29 in Punjab, five in KP, eight in Sindh and one in Balochistan. Similarly, 143 of the accused were given life imprisonment, including one in Islamabad, 49 in Punjab, 18 in KP, 44 in Sindh and 31 in Balochistan.

Similarly, the courts decided 881 narcotics cases, including 28 in Islamabad, 364 in Punjab, 237 in KP, 94 in Sindh and 158 in Balochistan. Some 298 accused were given imprisonment sentences along with Rs 62.7 million fines.

Read more: CJP Khosa announces model courts for speedy trials

Moreover, under the new judicial policy, total 116 model courts were established in the country, including two in Islamabad, 36 in Punjab, 27 in Khyber Pakhtunkhwa, 27 in Sindh and 24 in Balochistan.

Why do Some Lawyers Oppose Model Courts?

Some lawyers’ groups have opposed the idea of model courts and declared it to be against the spirit of the constitution. In a TV talk show Mr. Syed Amjad Shah, vice chairman of All Pakistan Lawyer representatives, maintained the same and urged the courts to not to assume the role of the legislature. Mr. Shah repeatedly told Muhammad Malik, the host, that there needs to be clarity about the scope of the apex courts e.g. if it can create the model courts or not.

In the case of Pakistan, millions of cases are pending before the courts and people are struggling to seek justice. A policy to provide everyone with speedy justice is encouraging and should be appreciated.

Furthermore, during a press conference, Karachi Bar Association President Naeem Qureshi stated that model courts were a negation of the judicial system and lawyers will not allow any proceedings against the spirit of natural justice. He further elaborated that lawyers from all over Pakistan will stage protest demonstrations at the Supreme Court for acceptance of their demands.

Representatives of the Punjab, Khyber Pakhtunkhwa, and Balochistan bar councils also demanded immediate withdrawal of the NJMPC decisions about the sessions’ court powers under Section 22-A,B of CrPC and establishment of model courts.

Experts believe that the matter of model courts is important but does not stand in violation of the constitution. In the case of Pakistan, millions of cases are pending before the courts and people are struggling to seek justice. A policy to provide everyone with speedy justice is encouraging and should be appreciated, they add. It is also argued that a system of justice which, is both efficient and just, shall re-build the image of the judiciary through giving it popular legitimacy. Therefore, the reactions being seen at the moment are not well-thought and need to be seriously reviewed in the best interest of the society as a whole.

Read more: Violence in the Courts: How can the Academy be helpful?

Some lawyers have rejected the criticism leveled by the All Pakistan lawyer representatives’ and demanded them to stand by the court in its efforts to provide speedy and cheap justice to the nation.