The Lahore High Court's recent proposal to implement double shifts in lower courts is an attempt to tackle the mounting backlog of cases that has long plagued the judicial system. While the intention behind this initiative is commendable, concerns persist about its feasibility and effectiveness. Legal professionals, including former president of the Lahore Bar Association, Rana Intezar Hussain, caution that the success of this policy depends on substantial backing and resources from the executive, which are currently lacking. Without these essential components, the policy risks being ineffective and exacerbating the already dire state of the courts. The current judicial environment in Lahore is fraught with significant challenges.
Overburdened courts, insufficient infrastructure, and a backlog of 2.26 Million cases that stretches years have created a legal bottleneck. The proposal to implement double shifts is an attempt to alleviate some of this pressure, but it may inadvertently strain the already overstretched system. The root causes of delays—such as the shortage of judges, outdated legal procedures, and limited resources—will not be resolved simply by working longer hours. Instead, there is a need for comprehensive reforms that address these underlying issues while maintaining the integrity and fairness of the judicial process. One major issue contributing to delays is the inefficiency of the judicial process itself. Legal procedures are often slow and cumbersome, leading to long wait times for litigants seeking justice.
This not only undermines public trust in the system but also violates international norms set out in treaties such as the Universal Declaration of Human Rights and the Nelson Mandela Rules, which emphasise the right to timely justice and a fair trial. The persistent delays in Lahore's courts threaten to undermine Pakistan's credibility in adhering to these international human rights standards.
For the judicial system in Lahore to function efficiently, a more comprehensive approach is needed—one that includes appointing more judges, reducing litigation costs, streamlining legal procedures, and incorporating arbitration for smaller disputes
Further complicating the situation is the financial strain imposed on litigants. Extended litigation processes result in escalating legal fees and associated costs, making justice a privilege for the wealthy rather than an accessible right for all. This issue is particularly problematic for marginalised communities, for whom the escalating costs of prolonged legal battles create an insurmountable barrier to access to justice. Until these financial burdens are addressed, the judicial system risks becoming increasingly inequitable, disproportionately favoring the wealthy while sidelining the most vulnerable members of society.
A solution to this issue lies in appointing more judges, which would help alleviate the burden on existing ones and allow for the resolution of more cases each day. Additionally, reducing the costs of litigation by implementing a tiered fee structure or offering affordable legal aid services would make justice more accessible to all. Streamlining the judicial process by leveraging modern technology could also help expedite case filings, tracking, and processing. These technological tools, combined with better training for court staff and judges, would contribute to a more efficient system overall.
Incorporating Islamic principles of justice into the framework of legal system is another potential reform that could help expedite the resolution of cases. Islamic injunctions emphasise fairness, efficiency, and the timely resolution of disputes, aligning with the need for a more streamlined and equitable judicial process. By integrating these principles into the current system, Lahore’s courts could benefit from a more structured and focused approach to justice that prioritises efficiency without sacrificing fairness.
In addition to these reforms, the establishment of more arbitration courts for small causes could significantly ease the pressure on the courts. Small causes, which involve minor disputes, take up valuable time and resources that could be better spent on more complex cases. By creating dedicated courts for arbitration in such matters, Lahore’s legal system could address minor disputes quickly and efficiently, allowing the primary courts to focus on more significant cases. This approach would not only reduce the backlog but also ensure that more complex matters are given the attention they require.
Furthermore, addressing corruption within the judicial system is critical for restoring public trust. Bribery, favoritism, and a lack of transparency continue to plague the system, contributing to delays and inequities. Tackling corruption is an essential part of any comprehensive judicial reform agenda. Without curbing corruption, even the best-intentioned reforms, like double shifts, will only provide a temporary fix, failing to bring about lasting improvements. Internal conflicts within the legal community also pose a challenge. While the double shift policy is a step toward alleviating the backlog, it does not address the root causes of the issue.
For the judicial system in Lahore to function efficiently, a more comprehensive approach is needed—one that includes appointing more judges, reducing litigation costs, streamlining legal procedures, and incorporating arbitration for smaller disputes. Additionally, incorporating Islamic principles of justice could further strengthen the system's efficiency. Until these fundamental reforms are implemented, simply increasing operational hours will not be sufficient to resolve the backlog or restore public confidence in the judiciary. A long-term solution requires addressing systemic issues at their core and ensuring that justice remains accessible and fair for all citizens.