
The failure of civil cases in Pakistan is a multi-faceted issue, rooted in systemic inefficiencies, cultural factors, and governance challenges. Here are some major reasons:
1. Judicial Delays
• Overburdened Courts: A significant backlog of cases exists in courts at all levels. According to reports, civil cases often take years or even decades to conclude.
• Adjournments: Frequent and unnecessary adjournments requested by lawyers or allowed by the court delay justice.
2. Corruption
• Judiciary and Administration: Corruption within the judicial system can influence case outcomes, compromising justice.
• Litigants and Lawyers: Bribery and unethical practices can lead to manipulated decisions.
3. Inefficient Legal Framework
• Outdated Laws: Many laws governing civil disputes are outdated and fail to address modern societal needs.
• Procedural Complexity: The civil procedure code is often cumbersome and prone to misuse by delaying tactics.
4. Lack of Resources
• Judicial Infrastructure: Many courts lack the infrastructure, technology, and personnel to handle cases efficiently.
• Qualified Judges: Insufficient training and resources for judges reduce the quality of legal judgments.
5. Cultural and Social Norms
• Preference for Informal Resolution: Many people prefer resolving disputes through jirgas or panchayats instead of courts.
• Lack of Awareness: Many litigants, especially from rural areas, lack awareness of their legal rights and processes.
6. Legal Representation Issues
• Inefficient Lawyers: Some lawyers prioritize their financial gains over timely resolution, deliberately prolonging cases.
• Cost of Litigation: High legal fees discourage efficient pursuit of justice, especially for low-income litigants.
7. Weak Enforcement of Judgments
• Even when judgments are passed, their enforcement is often weak due to a lack of coordination between courts and executive authorities.
8. Political Interference
• Political influence often undermines judicial independence, leading to biased or delayed verdicts.
Potential Solutions
To address these issues, several measures are needed:
• Judicial Reforms: Modernize the legal framework, simplify procedures, and reduce adjournments.
• Capacity Building: Increase the number of judges and courts, and provide training and technology.
• Transparency: Introduce mechanisms to combat corruption