Essay on “Justice Hurried is Justice Buried” for CSS, PMS and Judiciary Examination

Here you will find the Essay on “Justice Hurried is Justice Buried” for CSS, PMS, and Judiciary Examination. “Justice Hurried is Justice Buried” is a legal maxim. In easy words, it means that a due course of time should be given to both parties. So that justice can be provided rather than going hurriedly and do unjustly. The Judge should hear both the parties and then give its judgment. There should be no hurry in providing justice which will actually become an injustice.

Essay on “Justice Hurried is Justice Buried”

There is no doubt that, at the minimum, the Courts must not take any decisions without affording all parties a meaningful opportunity of hearing, and every decision by a Judge must rest on sound legal reasoning. The due process of law must not be compromised in any attempt at providing speedy justice.

What is still more important for ensuring the “due process of law” is that:

Firstly, the procedure provided by law must be such as to advance the cause of substantial and complete justice; and

Secondly, the procedure so laid down is duly followed by the courts in administering justice.

While a judge could do away with a technicality coming in the way of substantial justice, the entire procedure governing a civil or criminal proceeding should not be considered a mere formality or technicality. Because once you start belittling the significance of procedure, your ability to appreciate its relevance and value to the administration of justice and, resultantly, your interest and respect for the procedure would start declining. It would not be surprising if you start disregarding the procedure considering it yet another impediment in the way of justice and wastage of the court’s time.

As regards the sanctity of procedure, a very pertinent example from our holy scripture, the Noble Qur’an. comes to mind when Allah Almighty ordered all angels to bow before Adam and lblees (Shaitaan) refused. While Allah certainly knew the cause of Shaitaan’s refusal, yet Allah in His Ultimate Wisdom deemed it fit to first call Shaitaan’s explanation as to why he did not bow before pronouncing judgment against Shaitaan and punishing him.

If Allah, despite His all-encompassing knowledge, chose to resort to a procedure of providing a meaningful opportunity to Shaitaan before proceeding against him, which could easily be termed a mere formality for Allah, why should we undermine the importance of procedure and start considering it a wastage of time owing solely to our limited wisdom and knowledge? As the saying goes: “Justice should not only be done but also appear to have been done”.

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It is interesting that there is a saying in Arabic to the effect that “Haste is from Shaitaan” (al ‘ujlah min-ash-Shaitaan). In Urdu, we say ‘jaldi ka kaam shaitaan ka kaam hota hai’. It would not be surprising if these sayings have roots in authentic Islamic tradition.

It should also be remembered that, while laying down the procedure for timely provision of justice, the legislature should not itself act in undue haste. There are indeed instances where 1egislatures worldwide have shown intended or unintended disregard to the ends of justice in formulating laws and procedures for administering justice in particular cases.

The legal process begins not when an offense is committed or when the police begin an investigation, nor does it begin when the accused is brought before a judge. it begins when our representatives in Parliament agree upon a bill and pass it through the legislative process. This, the conception of justice, therefore, affects all subsequent stages of the legal (police) and judicial Judiciary) process.

We cannot deny that at the root of any democracy are certain inalienable freedoms such as the freedoms of expression, life, liberty, etc. However, the most important political freedom in a democracy is the freedom to choose one’s representatives to form both legislature and executive organs of the state. These representatives are entrusted with the responsibility of looking after the interests of their constituents and the nation as a whole by arguing, debating, and then passing or rejecting bills brought before them in the Parliament.

This legislative process is the essence of democracy; because only through argument and debate can we come to see helps another’s viewpoints. It is this scrutiny and examination that helps us create a set of laws that are accepted by the people and thus obeyed by them all.

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 If this process is compromised in any way whatsoever then the passing of a bill may have catastrophic outcomes as regards due process of law.

The procedure of a court must be there to assist in the organized, fair, and transparent conduct of court proceedings. In both formulating and applying the procedure, I would say that the emphasis should be on the “timely” and not just “early” completion of proceedings. Let the law take its course and let the judicial process and procedures be not undermined.

However, there should be no innovations or

modifications to the existing procedure or resort to other solutions and methods like an increase in the number of judges. In fact, if it takes more judges and courts to administer substantial and complete justice by adhering to the procedure, then let the number of judges be increased be it at whatever cost. The government must realize its responsibility and duly prioritize the access of cheap and speedy justice to the litigant public as one of its top priorities.

Inappropriate cases or circumstances, the procedure or conduct of proceedings could be legitimately hastened up. A classification of such cases or circumstances could be based on a litigant’s hardship or the human or humanitarian aspect of a case.

A general classification could also be made of cases where the loss of time could prove irreparable or otherwise incalculable in monetary terms. For example, a young woman seeking dissolution of marriage, where prolonged pendency over years could seriously jeopardize her chances of remarrying.

Firstly, there is a need for thoughtful long-term planning on part of all the concerned individuals and institutions.

Secondly, both at the governmental executive level as well as within the superior and subordinate judiciary alike, there is required a certain introspection and a determination to effect the reforms for providing timely, substantial, and complete justice to the general public through the courts of law.

Lastly, in formulating and effecting the improved justice system, the judges should be made more efficient to be able to deliver justice in a “timely” and not a “hurried up” manner.

Disposal mentality has been the key behind the setting up and working of fast-track courts. The performance of a fast-track court is judged solely by the number of cases disposed of 1n a month. There is no evaluation of the quality of judgments. Quantity rather than quality is the mantra sweeping the judicial system in the country today.

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The fast-track courts scheme made no systemic changes in the judicial system. No new code of procedure has been created. Retired judges, who have a past but no future, are dispensing justice at a speed that is truly mind-boggling. What is interesting is that these same gentlemen never performed at even half the speed when they were in their regular careers.

Two reasons are being touted for the extra speed shown by fast-track courts the judges were cautious during their regular careers since they were subject to disciplinary proceedings. There can be no disciplinary proceedings for a person who has already retired and is serving on a short end-of-career tenure. This combines with a complete absence of accountability -0f a judge under Pakistan’s legal system.

Some judges are viewing this tenure appointment as the last opportunity to make some hay while the sun shines. So, there is an extra effort at quick wheeling-dealing and disposal of the maximum number of cases.

Conclusion

We can conclude that we should not resort to extra­ordinary hurry-up of cases by whatever means. As justice delayed is justice denied, similarly, the saying, justice hurried is justice buried is equally true. Therefore, sufficient, reasonable, and due hearing of every case with consideration of its circumstances is the necessary requirement of natural justice and balance of convenience. In fact, the untiring efforts put by fear and flavorless Pakistan’s Judiciary is doing a commendable job of imparting justice in spite of so many difficulties, which created the faith of the public in the rule of law is a great achievement, which really requires deep appreciation.

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