Introduction:
In Pakistan, local people usually dislike the civil law system, due to some factors like complexity and delay in the conclusion of a trial, etc. Here, cases are mostly tried for more than 2 years, and due to such delay, people curse the civil legal system of Pakistan that they don’t get timely justice. So, let’s discuss what are the causes, and problems of our Judicial system and why people don’t get timely justice in civil cases.
First Problem
Firstly, if we look from the Judge’s perspective, I would say that it is not a piece of cake to decide civil cases, as people purposely produce forged documents, give false testimonies and even bribe government officials for producing and for not producing the required documents. So, in my humble opinion, I say that a Judge has to several steps of precautions, he has to check, and scrutiny, all the INs and OUTs of the case and should be well aware with all the latest laws and amendments, only once he could pass the decree anyone’s favor, due to which the matter gets delayed. So, I say that delay is not at the part of Judges, it is at the part of a complex legal system.
Second Problem
Secondly, in Pakistan, the parties purposely prolong the matter, as they don’t want the opposite party to get justice on time, so they purposely make hindrances in the Court proceedings, which ultimately delays the trial.
Critical analysis
Now talking about the complexity, I say that Pakistan follows laws made by the Britishers. We legal students are following old laws and not the latest ones, though the world is making great efforts in making new laws to resolve civil disputes of people, lawmakers don’t amend the laws, as they are not fluent in English, hence they fail to express their opinions. And the new laws, which the law makers make, suffer from many mistakes, as they are not well legally educated, as people don’t have reading habits!
Solution:
So, looking at the above facts, we should not blame anyone, in fact, we the legal students must own this system, instead of disliking it, we should make some changes in the system by fighting for the rights of the litigants, and for delivering the justice to the right person.
Suggestions/Recommendations:
Lastly, I would say that it is the litigant who suffers a lot in civil cases, criminal matters get easily resolved, but there is a need for landmark efforts from lawmakers to resolve the problems of the Civil law system of Pakistan.
Written by:
