Torments faced by common man for getting justice in Pakistan and hopes of nation from “Justice Qazi Faez Isa”

In Pakistan getting justice for a common man is nearly impossible, a path full of insults, harassment’s, obstacles, torments and severe time and financial losses.

FINDING THE RIGHT LAWYER:

First of all an aggrieved person has to find a lawyer which by itself is very challenging task and a big risk as very few lawyers in our country are sincere to their profession and the client and give right advice to the client.

Majority of lawyers in our country see an aggrieved person like a hunting target or a mouse trapped in a trap, to squeeze maximum fee that also in advance, they increase the anxiety of the aggrieved person by scaring him of the consequences of situation the person is stuck in and make him/her sign a “Power of Attorney/ Wakalatnama” which is totally one sided has all those clauses and conditions which only and only benefit the “Lawyer/Law firm” with little or no responsibility on the lawyer and thus since day one the aggrieved person is on the mercy of the lawyer now.

Many (not all) lawyers after taking full advance fee, attach their clerical staff with the aggrieved person who (clerks) on every date make demands for new miscellaneous expenses and start sucking the blood of the aggrieved person making him/her pay a nominal amount on every date to the clerk for going to the court along the aggrieved person. The main lawyer meanwhile is busy in getting other new cases and leaves the aggrieved person on the mercy of his clerk (munshi). A time comes the aggrieved person is so much demotivated that he is forced to find another lawyer and the same story, yet another lawyer and the vicious cycle goes on.

IN-PERSON PROCEEDING OF COURT MATTERS:

Internationally the best and recommended method of bringing ones grievance before courts is to file an application or case In-Person and for this purpose the In-Person filing of applications /grievance / court matter before courts is made very simple and lenient.

In Pakistan the majority of court staff processing the court files in the diary / institution branch are non-cooperative with those attempting to file an application/case In-Person. The majority Diary / institution branch staff have nexus with the clerks of the “Law Firms/ Lawyers” and take a certain fee to expedite the case filing and fixing which is the reason they keep on putting objections on the file/documents of those attempting to file a case In-Person till the aggrieved person surrenders, gets demotivated and is forced to get help of a well connected clerk or tout to get his/her case registered/fixed for hearing.

COURTS/JUDGES RESPONSE:

Majority of Judges in lower judiciary and even in Higher Courts give a good ear to the big names and famous chambers and give relief and even mould relief in favour of the big names while very good genuine deserving matters are not heard nor given appropriate consideration and rejected if being pursued In-Person or by a new non-influential lawyer , dismissed and left with trauma with further burden of filing appeal and on the mercy of yet another lawyer and the costs, expenses and other sufferings.

Pakistani Nation expectations from Honorable Justice Qazi Faez Issa for reforms in judiciary

The Supreme Court is the highest court of Pakistan and Honorable Justice Qazi Faez Issa will InshaaALLAH as the senior most judge of the apex court assume the office of Chief Justice of Supreme Court of Pakistan on 17 September 2023

The nation hopes that Justice Qazi Faez Isa introduce revolutionary reforms for implementation of the honest and accessible judicial system in Pakistan which include:

• Standardized and just “Power of Attorney / Wakalatnama” clauses approval and implementation all over Pakistan being mandatory for all lawyers/ law firms.
• Recommendation from last 5 years clients of any counsel for elevation / issuance of law practicing license to any lawyer.
• Removal of undue requirements for filing applications/ court cases
• Removal of requirement for submission of multiple sets of court case file , instead either scanning of file charges be taken by the institution branch or a scan copy of the file be demanded
• Administrative staff of Diary Branch, Institution Branch, Copy Branch who deal public directly must be made accountable, be selected on basis of their humbleness and willingness to serve public instead of being bossy, rude and creating hurdles for the public.
• Judges of lower courts and higher courts be made bound to listen to the aggrieved person/applicant and go through the matter on file instead of deciding/dismissing the cases based on perception and creating further pendency of appeals on the higher forums while also delaying justice for the parties.
• Cases where a matter is of 2+2= 4 nature but still courts giving adverse different judgments making it 2+2=5 or 2+2=3 should be strictly monitored and such judges be penalized heavily as just an appellant forum being available does not absolve them from giving proper justice and burdening both the judicial system and the aggrieved party.