The SC’s suo motu proceedings over the delay in the elections to two provincial assemblies is one of the main reasons for the increase as it has adversely affected the functioning of the apex court.
On September 12 last year, Chief Justice of Pakistan Umar Ata Bandial had expected that with the continued efforts of fellow judges, the top court would lower the figure of pendency to around 45,000 cases in the next six months.
According to an SC statement issued on February 25 this year, the pendency of the cases in the apex court had reduced from 54,735 to 52,450 in a year.
However, the SC’s fortnight report revealed that a total of 53,195 cases were pending in the apex court until May 15.
Similarly, the number of decided cases has also decreased.
From May 1 to May 15, 1,068 new cases were instituted.
Of them, only 552 were decided.
Currently, 15 judges are working at the SC while two posts are vacant for the last eight to nine months.
The appointment is being delayed on account of differences among senior SC judges in connection with the nominations.
It has been witnessed that Justice Qazi Faez Isa case has severely affected the working of the apex court.
There are also serious differences among senior judges on fresh appointments as well as the removal of the previous ones.
The SC judges have divided into two camps of eight and seven.
Some judges were reluctant to sit on the same bench with particular colleagues.
Despite the differences among them, the total pendency was decreasing during CJP Bandial’s tenure.
Unlike his predecessor, he maintained discipline in the formation of benches until the month of February.
However, there was continuous criticism of the CJP for not including two senior judges in special or larger benches hearing politically sensitive cases.
In February, Justice Isa in his judicial order had noted that a case management committee of the SC was set up to give its opinion on how best to attend to the large number of cases which had accumulated.
The order further read that the committee had submitted its report on March 1, 2022.
“The [SC] Registrar informs us that the said Report was sent for the approval of the Hon’ble Chief Justice on 22 July 2022 and his lordship’s approval is awaited,” it added.
Besides, the CJP had initiated suo motu proceedings over the delay in announcement of date for holding the elections to Punjab and K-P assemblies in the month of February.
The proceedings in the elections matter is the main reason for the increase in the total pendency of cases.
Besides, Justice Isa is not part of any bench for the last couple of months.
It has been learnt that the CJP had sent a note about his availability for next week.
Justice Isa also responded to him in writing.
Summer vacation will start at the court from next month.
There is a unanimous view of the legal fraternity that the SC judges should end their differences and work for the betterment of the institution.
