Main hindrance in the expeditious disposal of Civil Cases relating to land disputes are the Officials of Land Revenue Department and their workload

            The National Judicial Policy 2009 is a best attempt towards the eradication of evils in the Judiciary but it has ignored one superior cause in the delay of the civil cases especially relating to the land disputes. I do not know whether it has missed from the mind of the most intelligent and devoted people at the upper layers of judiciary or they have deliberately omitted it. When the Court orders for the production of revenue documents either from the custody of Patwari or from the custody of District Kanungo, it takes years to complete the evidence of either one patwari or one Assistant District Kanungo. If I have analyzed the delay in the Courts due to the Revenue Officials I have also studied the plight of these officials. One Patwari Halqa has been burdened with so many tasks at one time that it becomes difficult for him to handle the load of work. As a result, he can neither give attention to his primary job for which he is paid nor can co-operate or co-ordinate his position with the function with the Judiciary. Courts cannot function properly if they are not assisted by these revenue officials in the Civil cases relating to the land disputes as in Criminal cases assisted by the Police officials. It is the bad luck of Pakistani people that both the departments have now-a-days faced serious challenges. To Police to maintain the law and order situation while the revenue officials have been given the duty of providing assistance to the Internally Displaced Persons of Swat and Buner Districts. For example, one or two Assistant District Kanungos cannot be expected to provide all the documents required in the Courts for the inspection. If the Chief Justice of Pakistan expects expeditious disposal of cases from the Courts, he will have to correct and make up the requirements of the other Government Departments as well which have direct relationship with the Judiciary in its best performance. Judges and Lawyers are at the mercy of the Police and Revenue Officials and these two departments have their own countless problems which are directly related to the ever increasing population of the Country.

            Everyone is praising the Chief Justice for the National Judicial Policy 2009 and I am one among them but my praise is along with the comments and pinpointing of those causes which if were properly addressed would prove in the best performance of the Judicial Officers. When we demand of more Judicial officers in the Courts likewise we should also demand for the minimization of the workload of those departments which are directly related with the people and the Courts. When we demand for less number of cases daily with a Presiding officer of a Court similarly we should also demand for less work on every official.

            The Chief Justice of Pakistan should also demand from the Government that it should confine each department only to its own work. For example, in Education Department the teachers are appointed for the teaching but they are also either engaged in the Population Census or in election. When you gave other work to a teacher than teaching how he shall be able to give performance in the Class. Who is responsible for the wastage of the valuable time of the innocent children whom their parents had sent to schools for learning? But when the Government engages their teachers in other tasks then how it can be that they would get qualitative education. How they can improve their learning. How the National Education Policy can give better results when the teachers are not present in the Schools either on one pretext or another.

            Actually, a thorough study is necessary of every department that how much the performance of one department is dependent on the other department. Thus, the inter-connected departments would adapt themselves to the new situations and would co-ordinate and co-operate for showing better results. For this purpose, each department should discuss the reality not on paper but on the ground with its lower graded employees who sustain the whole workload but no one is there to raise slogan for their protection. It has been noted that for the sake of protection of their seats, the upper graded officers unduly pressurize their subordinates for doing more work beyond their capacity which results in acrimony and hostile atmosphere in the department and the worst sufferers are the people who do not the volcanic situation in the concerned department.

            The matter is not so simple and easy that is why I stress upon the removal of the root causes. Once the root causes are removed, each department would function smoothly. I have noted questions in the eyes of the IDPs, who is responsible for their present plight? Who is the real criminal? Whose negligence emboldened the domestic and foreign terrorists to convey them to their present situation? Why the Government and its institutions slept for so long that the terrorists conveyed heavy weapons to their places of choice without hindrance? If they were not sleeping then they either have helped them or have facilitated their evils ambition. If it is not the Government then it is the responsibility to find out that who helped and facilitated their work? In my opinion, at least 0.5 million rupees are necessary for each family of the IDPs to restart their lives normally in their native homes.

            Speedy justice is only possible when the other connected people have also such a desire. If you spent the whole exchequer of the Government on Judiciary, it would give no fruit unless the other departments are overhauled and improved. Unfortunately, the Government is like that negligent patient who does not use a tablet of “Aspirin” for keeping the flow of blood continuous in his arteries and veins but when the disease become chronic, then uses millions on bypass operations on coronary arteries and veins and on other medications. Nip the evil in the bud, otherwise inaction is also counted an action towards assistance and facilitation.

Sincerity and devotion is must for the achievement of every good result everywhere.

Thanks

Manzoor Ahmad

M.A. LLB

Marghuz Balar Khel, District Swabi, NWFP.

Dated: Sunday, May 31, 2009.

Manzoor Ahmad Yousafzai

B.Sc; L.L.B. M.A. Political Science
Email: manzoorahmadjalalmallb@hotmail.com
Web:http://manzooryousafzai.multiply.com/