LAHORE: The claim of timely provision of justice still remains mere a claim as 125,000 cases are still lying pending before the Lahore High Court , The Nation has learnt.

The sources have said that the situation at the lower judiciary is also not much different from the upper courts, because 1200 cases are pending before every single civil judge and additional district and sessions judge in Punjab.

The authorities have made many efforts at their part to solve the problems but the issues are still there to be addressed. The strength of the judges at both lower and higher judiciary has been increased and a computerized system of cases’ fixation has also been introduced at the LHC even then the giant of pendency as a bigger threat to the litigants seems will not come to an end.

The reasons behind the pendency of cases, the sources say, are strikes announced by the lawyers on minor issues. They say the respondents’ counsels also use delaying tactics which cause pendency. Slow investigation by police, late submission of challans and disappearance of witnesses are the other issues which need proper attention of the authorities concerned.

Sometimes, the poor legislation becomes hurdle in the way of timely justice. For instance, Shaukat Ali, a litigant, filed a civil suit in the civil court about the possession of a plot of worth Rs 1.8 million in 2003. The civil court, however, referred the matter to the Lahore High Court holding that the case at the time of the institution does not fall under its jurisdiction. At that time, the civil court can hold proceeding on the matter of worth Rs 250,000 while the plot was of Rs 1.8 million.

The petitioner then approached the LHC and filed the suit in the same year. Interestingly, the law makers changed the law and the jurisdiction of the lower court (civil courts) was extended from the matters of worth Rs 250,000 to the worth of Rs 2.5 millions.

During the last week, Justice Khalid Mahmood Khan announced the verdict on the same suit and remanded the case to the trial court again on this ground.

The judge sent the case because it now falls under the jurisdiction of the civil court. Justice Khan, however, directed the sessions judge to decide the matter within two weeks period.  It means that the plaintiff will get his case fixed again before a court of competent jurisdiction and will convince it by consuming money and time again.

Surely, if the matter is not decided in the favor of defendants they will challenge it before the LHC and thus, the plaintiff will wait for the redressal of his grievances.

The litigants will continue to suffer unless and until the authorities concerned take some constructive measures by taking all stake holders into confidence. The collective effort is the only solution through which the giant of pendency can be overcome and timely justice could be made possible.