Justice Umar Ata Bandial has been sworn in as the 28th Chief Justice of Pakistan, in an oath-taking ceremony at the Presidential Palace.
Justice Bandial, in his address to the full court, identified some of the pressing problems facing the judiciary and the legal system in Pakistan. He pointed out how personal attacks are being made against judges on social media, urging the Bar to play its role against criticism before the apex court takes notice, and noted the burden of pending cases on the courts, suggesting that lawyers should aid the court by avoiding seeking extensions.
These points were well identified by Justice Bandial. Social media commentary and focus on judges, rather than the justice system, have transformed the way the legal system works in certain ways; in high-profile cases, this can be damaging.
Justice Bandial has a difficult task as he takes on the mantle of the Chief Justice at a time when the legal fraternity is greatly divided. He faces unprecedented challenges, as seen by the recent tensions over judicial appointments, and references against judges of the superior judiciary, in particular the judge who is due to succeed him as Chief Justice in 2023.
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Moreover, the issue of backlog of cases will not simply be solved by lawyers being more efficient and avoiding adjournments—this is a gigantic task, considering that the overall backlog of cases in Pakistan’s judiciary, including the superior courts as well as district courts, stands at a whopping 2.1 million.
This will require the Chief Justice to unite the legal fraternity so it can come together to push for meaningful reform. Moreover, reform is also required in evidence law, especially its relevance for criminal cases.
As the government pushes for reforms in investigation practices, it must be acknowledged that law enforcement and the legal system go hand-in-hand, and the judiciary can pave the way for new, more up-to-date precedents to be set to bring about more efficient law enforcement.​
Source: Published in The Nation