With passage of time justice is growing more expensive, difficult and time- consuming for the poor, especially in subordinate courts. Lawyers demand exorbitant fees which the litigants with meager sources of income can’t afford to pay.
Rate of tip for staff in courts is increased. Obtaining certified copies of documents from various government offices involves lengthy and tiresome procedures and on every stage litigants have to grease palms of the concerned staff. On grant of bail by a competent court, accused or his relatives have to obtain copies of Register Haqdaran Zamin in respect of person standing as surety for execution of bail bond for the accused.
In the past, copy of Register Haqdaran Zamin issued by Revenue Patwari was the requirement to execute bail bond. Now the courts do not accept copy of Register Haqdaran Zamin issued under the signature of Patwari. The courts ask person executing bail bond to attach copy of Register Haqdaran Zamin having been duly countersigned by Kanongo and Tehsildar in addition to signatures of the Halqa Patwari.
Under the new procedure, one has to visit offices of three revenue officials and wait at every office for the availability of the concerned official for completion of condition. The procedure has increased difficulties for the public. Lot of time and money is spent on obtaining copy of Register Haqdaran Zamin. This is very painful exercise for poor peasants who often are involved in cases by police because of their disputes over land and turn of irrigation water.
Judicial policy instead of speeding up justice process has reopened a large number of six to seven years old criminal cases that were either consigned to office for failure of prosecution to produce witnesses or they were misplaced. The accused when finding no case in their respect included in the cause lists stopped coming to courts. In these cases accused have now been declared proclaimed offenders without following proper procedure under the law. Bail bonds were cancelled and proceedings against sureties started.
In most of such cases offences were compounded through compromise at bail stage. Therefore, proclamations against accused and initiation of proceedings against sureties who helped accused on humanitarian grounds, is because of fault on the part of subordinate courts and prosecution, and not fault or delinquency of accused and the sureties. Any action against sureties and accused for not appearing in the courts during the period their case remained closed will tantamount to abuse of justice and law.
Concerned authorities including District Sessions Judge Mandi Bahauddin are requested to take notice of problems being faced by public in order to facilitate them in receiving speedy and transparent justice with minimum cost.
Gangly Khan
