Abstract:
The delays of the laws are proverbial everywhere. However, in Pakistan, this tendency has been stretched to such extra ordinary lengths that the people have lost their faith in the judicial system. Cases keep dragging on for years, frequently adjournments are the norm, and day to day hearings, which is what normally should happen in both criminal and civil cases, are rarely held. What is more, corruption has infected this institute as well. Pakistan’s judicial system, its organization, its services and administration suffer from many problems and shortcomings. Some of these are avoidable. But many, such as shortages of judges, courthouses, equipment, poor salaries of judges and lack of professionalism, have arisen because of the chronic inadequacy of the needed resources, both financial and technical. As a result, access to justice is virtually denied in many cases for reasons of cost, delays and inefficiency, while those who access the system suffer grossly from the inordinate delays and uncertainties in the course of its dispensation. Commercial contracts have been rendered meaningless by the twists and turns in the legal and judicial processes. Because of these reasons, Pakistan has been denied its expected share in foreign and domestic investment, as investors are reluctant to operate in markets where their investment is not provided with adequate legal cover. Our analysis indicates that Pakistan’s economy suffers a staggering loss of Rs. 25 – 30 billion annually due to our dysfunctional judicial system.
This study makes an effort to analyze the causes of poor working of the judicial system and evolve some remedial measures based on the total quality management concepts and scientific productivity improvement techniques.