"Division of Courts in Lahore:
Advocate Sahibzada Mian Muhammad Ashraf Asmi
Justice, justice, and more justice – these are the words that every lawyer utters throughout the day in the courts while representing their clients. Every lawyer aspires to achieve justice for their clients. It is a noble and significant task entrusted to lawyers. The lawyer is, in a way, an representative of the Creator. In Pakistan, the legal system has been influenced by English law since the time of British India. Efforts have been made to align these laws with Islamic principles according to the Constitution of Pakistan. According to the Constitution, no law can be in conflict with Islamic laws. The laws in books seem to aim at providing ease for the general public, but the reality is different.
The purpose of laws is to make life easier for the common people. However, the ruling elite in Pakistan has consistently attempted to divide and rule, similar to how the British governed this region. Lahore is the second-largest city in Pakistan, following Karachi. Governance issues and traffic problems in Lahore are so severe that they are beyond description. When the Metro Bus and Orange Line Train projects were initiated, there was strong opposition to these initiatives. However, over time, these projects have proven to be successful and beneficial for the residents of Lahore.
In the administrative division of Lahore, various tehsils have been established, and court orders have been issued to establish courts for civil cases in these tehsils. Cases in Model Town were transferred from District Courts, and a similar notification has been issued for Raiwind. Model Town, District Courts, and Cantt Courts are already handling magistrate courts within their respective jurisdictions. Lahore High Court has now transferred the civil cases from Model Town Courts that fall within the limits of their police stations to Model Town Courts. Similarly, a notification has been issued for Raiwaind, and gradually, the same process will be implemented in the remaining tehsil courts.
The composition of civil cases varies, and the procedure for handling cases by magistrates differs. In civil cases, the complainant must appear during the trial, and the process involves active participation from the lawyers. Notices are served to all parties involved, and unilateral actions are not taken until all parties are presented in court or have been given the opportunity to do so.
In this manner, the lawyers have to present themselves in civil cases. After the complainant's appearance, the proceedings for the defendant's response begin. Different stages need to be followed, and the lawyers on both sides pay close attention to their respective cases. The Civil Procedure Code of 1898 governs the proceedings of civil cases, making it a challenging task for lawyers due to the focus on witness testimonies. The lawyers' roles become pivotal in the cross-examination of these testimonies, and a significant amount of time is dedicated to this process.
The magistrate court operating in criminal cases in the jurisdiction of the tehsil has a different nature of cases. The magistrate handles these cases with minimal lawyer involvement. As the Model Town Courts have transferred civil cases from Civil Court, a judge has mentioned that they have around 250 cases to deal with. It seems that each side will have around 500 lawyers appear, while in criminal cases, client is required to appear only during the testimony phase in these cases, which cannot happen without a lawyer. In one court appearance, if 15 people gave testimony for a single day, and all were noted down. Until all the witnesses are presented in court or those who haven't appeared are not unilaterally declared to be at Ex.Parte, a one-sided verdict is not made.
Hence, the lawyers have to appear themselves in cases where client has to appear. After that, the proceedings for the defendant's response start, and various steps need to be taken on both sides. Both sides' lawyers pay careful attention to their respective cases because the Civil Procedure Code of 1898, under which civil cases are heard, is a cumbersome process. The proceedings of these cases focus on witness testimonies and place the responsibility on the lawyers to center their attention on their side of the case.
The composition of civil cases varies, and the procedure for handling cases by magistrates differs. In civil cases, the complainant must appear during the trial, and the process involves active participation from the lawyers. Notices are served to all parties involved, and unilateral actions are not taken until all parties are presented in court or have been given the opportunity to do so.
In this manner, the lawyers have to present themselves in civil cases. After the complainant's appearance, the proceedings for the defendant's response begin. Different stages need to be followed, and the lawyers on both sides pay close attention to their respective cases. The Civil Procedure Code of 1898 governs the proceedings of civil cases, making it a challenging task for lawyers due to the focus on witness testimonies. The lawyers' roles become pivotal in the cross-examination of these testimonies, and a significant amount of time is dedicated to this process.
The magistrate court operating in Fojdari cases in the jurisdiction of the tehsil has a different nature of cases. The magistrate handles these cases with minimal lawyer involvement. As the Model Town Courts have transferred civil cases from Raeywaind, a judge has mentioned that they have around 1500 cases to deal with. It seems that each side will have around 500 clients if all lawyers appear, while Sa'il is required to appear only during the testimony phase in these cases, which cannot happen without a lawyer. In one court appearance, 15 people gave testimony for a single day, and all were noted down. Until all the witnesses are presented in court or those who haven't appeared are not unilaterally declared to be at fault, a one-sided verdict is not made.
Hence, the lawyers have to appear themselves in cases where Sa'il has to appear. After that, the proceedings for the defendant's response start, and various steps need to be taken on both sides. Both sides' lawyers pay careful attention to their respective cases because the Civil Procedure Code of 1898, under which civil cases are heard, is a cumbersome process. The proceedings of these cases focus on witness testimonies and place the responsibility on the lawyers to center their attention on their side of the case.
In conclusion, the division of courts and the distribution of cases in Lahore pose challenges for both lawyers and litigants. The increased workload, the need for extensive travel, and the complex procedures highlight the need for a more streamlined and efficient judicial system. Some argue that consolidating courts in Lahore would be more beneficial for the administration of justice, as it would reduce the burden on lawyers and provide a more convenient and accessible legal process for the people."
