Specific time frame, a step for speedy justice: Khawar

F.P. Report

PESHAWAR: A specific time period for completion of different stages of a case under trial, from framing of issues till written judgment by the court is a milestone step for ensuring speedy justice in the country while steps should be taken for implementation of judgment in the same way.

Chairperson National Commission on the Status of Women, Khawar Mumtaz said that amendment in Civil Procedures Code 1908 approved by Khyber Pakhtunkhawa (KP) government to ensue conclusion of trial in civil cases in one year from the institution of suit is very encouraging.

In a statement issued here on Saturday, the commission said, there will be maximum 60 days for completion of pleadings and 30 days for examination of record and exhibits. Petitions for the implementation of judgment will also be dealt with in the same manner.

The amendment, approved by the Khaber Paktukhwa cabinet in collaboration with Peshawar High Court on January 15, 2018, provides for a specific time period for different stages of a case under trial, from framing of issues till written judgment by the court is a major step and other provinces should also take measure for quick disposal of civil court cases, it said.

The amendments provide for a strict check on adjournments and restrict adjournment requests to only two chances. The new system states that all dates of hearing will be given in consultation with the lawyers of both parties to avoid adjournments. The issues would be framed within seven days and the court has also been empowered to pass summary judgment.

Besides that, written judgment would be issued within 15 days of the decision by civil and appellate court and penalties would be imposed on parties that fail to obey case management and scheduling order.

The Commission welcomes the decision and congratulates KP government, adding that civil cases normally take decades to conclude. Delay in decisions erodes people’s trust in the administration of justice and they are left with no choice but out of the court settlement or approaching other ”adjudication”  mechanisms even having no legal sanctity.

The Commission believed that the amendment will enhance public trust on courts and will encourage litigants, including women, to file their cases in courts instead of approaching self-appointed adjudication mechanisms.