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5. WMSVS.JUDICIALSYSTEMOFPAKISTAN
WMS is successfully fulfilling its mandate by providing speedy and inexpensive justice to the
common man. All complaints are being resolved without any cost to the complainant within
60 days or less. In comparison, the judicial system has failed to provide speedy and
affordable justice to the common man in Pakistan. It takes a criminal case years, while a civil
case can take decades to finalize. To assess the time frame taken by WMS, we compared its
performance with the Federal Tax Ombudsman Secretariat and the judicial system of
Pakistan.
PendencyinSupremeCourtofPakistan
According to the 2015 annual report published by the Supreme Court of Pakistan, number of
pending cases has increased from 20,149 to 23,834 over the last year. Based on the current
rate of disposals of 15,635 per annum, it will take the Supreme Court of Pakistan
approximately 19 months to eliminate the balance of pending cases if no fresh cases are filed.
Given this backlog of cases, new cases filed with the Supreme Court will take at least 2-3
years to finalize.
Furthermore, it was noted ratio of petitions/appeals filed with the Supreme Court against
decisions of the high court was approximately 8% in 2013 compared to 1% reviews filed
against WMS decisions. It is a big achievement for WMS that such a small proportion of its
decisions are being challenged through the review process.
PendencyinHighCourtsofPakistan
According to the most recent judicial statistics published by Law and Justice Commission of
Pakistan, the number of pending cases at the High Courts are increasing year-over-year.
Based on the current disposal rate, it is expected that it will take approximately 18 months for
Lahore High Court, 44 months for Sindh High Court, 16 months for Peshawar High court, 15
months for Balochistan High court and 32 Months for Islamabad High court to eliminate the
balance of pending cases if no fresh cases are filed during the year. Due to the backlog of
cases, it is expected that the new cases filed with the respective high courts can take years to
finalize. Refer to table below for number of pending cases by High Court.
Table5.1:PendencyinHighHighCourts
Name of Court Pendency on
1.1.2013
Disposals during
2013
Pendency on
12.31.2013
Time for Disposal of
Pending Cases*
Lahore High Court 155,827 116,338 173,037 18 Months
High Court of Sindh 54,290 18,145 66,475 44 Months
Peshawar High Court 27,295 20,457 26,716 16 Months
High Court of Balochistan 4,878 3,896 4,923 15 Months
Islamabad High Court 9,166 5,063 13,387 32 Months
*Assuming no new cases are filed