WORK PLAN

FOR THE YEAR, 2007-2008.

 

 

 

SUBMITTED BY ZAFAR AHMED KHAN SHERWANI

District and Sessions Judge Hyderabad

 

 

 

 

INTRODUCTION.

 

 

The practice and experience of preparation of annual work plan at the inception of the year has remained very successful in the past. In District Central Karachi, 2 works plan were prepared for the year 2002-2003 and 2003-2004 and then in District East Karachi, similar practice was adopted. However, this could not be continued. Now the Honourable High Court has desired to resurrect the same and to prepare and forward it for the ensuing year 2007-2008.

This work plan is divided into 2 parts. It's first part is in respect of the steps which were taken to improve the existing situation in the District after taking over as District Judge, Hyderabad on 15.11.2006 and to improve disposal of the cases whereas in the second part comprises the future strategies on these subjects. Each part is further sub-divided again into 2 parts highlighting administrative work and Judicial work distinguishly.

 

 

(1) ADMINISTRATIVE WORK.

At the time of my posting from District Karachi East to District Hyderabad, I was directed by the Honourable Chief Justice that I had to pay my full attention on a number of problems which the district was facing, therefore, I paid my immediate attention on the same.

1.1.1. COMPUTERIZATION WORK.

After taking over the charge on 15 th November, 2006 , I found that the computerization work which had been initiated by the Federal Government was stagnant on account of certain administrative problems. The data entry process was held up for lack of commitment in the staff in this regard. The Local Area Networking (LAN) in the 2 buildings of the District Courts (Civil Court building and Collectorate building) was although complete, but it could not be connected because of distance of the 2 buildings. The hardware was lying dump into godown without any utility on account of earthing problem in electricity supply.

ACTION.

Repeated meetings were held with the computer consultants and the problems were discussed in presence of the officials of the Building Department. These officials undertook to tackle the earthing problem. Civil work was carried out by them. Consequently, the hardware was installed and the computerization work was completed within the shortest span of time through utilization of Fiber optic option to connect the two buildings with LAN.

1.1.2. IMPARTING COMPUTER TRAINING TO THE

 

STAFF.

 

After computerization work of the Courts, the immediate question was to impart training to the staff members and Judges of these Courts. But there was no space for Computer Lab for such purpose.

 

ACTION.

Space for the Computer Lab was arranged in which several work stations were provided. Staff members and Judges now get training in this Lab from nominees of the hardware Supplier.

1.1.3. REPAIR/RENOVATION OF COLLECTORATE

 

BUILDING.

The Sessions Court and Courts of Additional Sessions Judges were housed in this building and was to be handed over to the contractor for the purpose of major repairs and renovation. The project was launched by the Honourable High Court under Access to Justice Programme and therefore, the entire Courts and their offices along with record room situated therein were to be shifted immediately. It was a difficult challenge because of paucity of space. After serious deliberations with the colleague Judges space was arranged in the newly constructed Civil Court building. The shifting of the record room from the Collectorate Building which was 100 years old was still a challenge as the record room situated in Mukhtiarkar building was itself in dilapidated condition and had to be shifted very carefully keeping in view the age and importance of the record.

ACTION.

Major repair, renovation and alteration work in the Record Room situated in Mukhtiarkar Building was carried out with the help of Building Department and shifting was completed by the end of April, 2006. Now a central “Record Room” for the entire District Courts of Hyderabad as well as Civil Courts is located in that building. (Photograph is annexed as Annexure “A”).

 

1.1.4. JUDICIAL LOCKUP.

The condition of the judicial lockup in Hyderabad was pathetic. Both of the rooms were in dilapidated condition with no facility of toilet, to accommodate about 100 under trial prisoners. Separate room for female prisoners was not available. The lockup was surrounded by bushes giving appalling look.

ACTION.

Major Repair work was got carried out through Provincial Building Department. A room for women prisoners was separately arranged. Now the same has become a model judicial lockup for the entire Province. All the basic facilities have been made available. Two electric water coolers have been installed for the UTPs and their visitors. The under trial prisoners brought by Jail are being accommodated comfortably availing all the basic facilities. (Photograph is annexed as Annexure “B”).

 

 

•  CIVIL WORK IN THE NEWLY CIVIL COURT

 

BUILDING.

The Civil Court building, which was constructed about a year back, required different work. There was no road in the compound wall of the building. Its flooring had been done with cemented tiles on the ground floor, giving a shabby look.

ACTION.

A metal road was got laid in the parking area and the cemented tiles were replaced with Marble tiles. The look of the building has been remarkably improved.

1.1.6. PASSENGERS LIFT.

In the newly constructed Civil Court Building, Hyderabad provision of two passenger lifts was available, but installation of the first passenger lift was still in doldrums on account of certain administrative bottlenecks including carrying out some civil & electric work. The passenger lift had been purchased but it was lying with the contractor at Karachi .

ACTION.

The administrative problems were solved. The civil & electric work was carried out. Now the passenger lift is working. Litigant public as well as the Advocates are taking its benefit and convenience.

 

•  ESTABLISHMENT OF THE CENTRAL

LIBRARY.

It was observed that there was no central library for the Courts in the District whereas each Court had stock of law books without any storage place and therefore, being spoiled.

ACTION.

A central library was established with the provision of seating arrangements on 1 st floor of Civil Court Building . This is also a temporary location, which will be shifted in the Sessions Court building after its renovation. (Its photograph is annexed as Annexure “C”).

 

 

1.1.7. PUBLIC INFORMATION DESK (KIOSK).

Litigant public always face problems in getting information with regard to their cases in respect of the dates of hearing and progress. Queries with regard to location of the Courts is also an important question for the visitors of the Courts. Similarly, the dates in those cases which are tried at other talukas of District Hyderabad (which are now separate Administrative districts) is also an important question and the people are required to visit these Courts at far flung areas spoiling their entire working day in order to get the required information.

ACTION.

To disseminate all the informations in respect of cases and Courts at one point, a Public Information Desk (kiosk) has been established on the ground floor of Civil Court Building , which is equipped with the computer connected with the local area network (LAN). On line information are available not only in respect of the Courts at the District Headquarter but also in respect of those Courts situated at Taluka level. This kiosk can be termed as a model public information Desk for other districts. Photograph of the same is enclosed as Annexure “D”.

 

 

 

(2) JUDICIAL WORK.

1.2.1. PENDENCY OF CASES.

On Judicial side, the total pendency of cases was on very higher side i.e. 11008 cases including backlog of about 6000 cases. This includes civil and criminal cases of more than 30 years old. (Copies of statement showing pendency of the District is annexed as Annexure “E”).

 

ACTION.

Meetings were held with the Presiding Officers repeatedly. A plan was prepared to clear the backlog keeping in view the directions of High Court for disposal of all the cases registered up to 2004 by the end of December, 2008.

Eight different groups were formed to carry out the plan. Each group is headed by an Additional District Judge. Each group comprises 4 to 5 other Courts of Senior & Civil Judges. Each group leader monitors the disposal of cases of their member Courts. All those 8 groups are over all supervised by the District Judge. Monthly meetings with the group leaders are regularly held. Minutes of the 3 meetings of such groups are annexed herewith as Annexure “F” “G” and “H”. During last 2 months, tremendous clearance of the backlog has been observed. Over all pendency has been reduced around 1000 cases during the last 6 months. (Copy of statement of pendency as on 31.4.2007 is annexed as Annexure “I”).

1.2.2. MONITORING OF PROCESS SERVING AGENCY

PRODUCTION OF UNDER TRIAL PRISONERS IN CRIMINAL CASES.

 

There was general complaints in delay in disposal of cases, but on account of daily monitoring of the production of the under trial prisoners, a positive change in over all behavior of the under trial prisoners. It has been observed and the number of complaints from them has been reduced. Non-service of the process on the witnesses in criminal cases is another major cause for delay of these cases. No specific system was available to monitor the service of process. It was therefore decided that separate Process Serving Branch be established at the district level headed by a Police Inspector. Presiding Officers used to send progress reports in criminal cases in different forms giving unnecessary details but lacking important required information. In order to obtain such reports, it was necessary to design a template for such reports.

ACTION.

Central Process Serving Branch was established providing all the required facilities including wireless, computers and furniture. Daily monitoring in respect of Process serving in Criminal cases and production of under trial prisoners and disposal of the cases is being made.

To examine the progress of the criminal cases specially of the under trial prisoners, they are interviewed personally by the District Judge, inside Jail and disposal of their cases is closely monitored on the basis of such report on templates. A specimen of such templates is enclosed as Annexure “J”.

 

FUTURE TARGETS & GOALS

(1) ADMINISTRATIVE WORK.

 

•  E-JUSTICE & FUNCTIONING OF THE

DIGITAL COURTS.

Since local area network (LAN) in the Civil Court building has been established whereas in the Sessions Court building, it will be established after completion of it's renovation work, therefore all the 25 Courts in the District would be connected with local area network through fiber optics.

Website of Hyderabad Courts has been launched having the facility to send on line complaints of illegal detention U/S 491 Cr.P.C. and for non-registration of FIR U/S 22-A Cr.P.C. and therefore, the concept of e-justice will be implemented on completion of training of all the staff members.

Each Court will also be connected with close circuit television network (CCTV) with Central Monitoring Unit in the computer room in Sessions Court building with a monitor in the Chamber of District & Sessions Judge on which the working of 25 Courts can be monitored and can be viewed by the advocates and litigant. This will increase credibility and transparency of the Courts proceedings.

Since the Courts situated in Tando Muhammad Khan, Tando Allahyar, Matiari and Hala cannot be connected at the moment with the LAN, therefore, the data of these Courts will be fed at Hyderabad. The progress of these cases can also be viewed by all stake-holders on web through website of Hyderabad. This will be further augmented by connecting the Central Processing Branch and the Central Record Room with LAN (for which special software as being prepared by the consultants of M/S Trace Affairs Private Limited).

 

•  ESTABLISHMENT OF COURT POLICE FOR

 

PRODUCTION OF UNDER TRIAL PRISONERS.

The main hurdle in the production of the under trial prisoners in the Court of the District is that since THE Judicial District of Hyderabad still comprises the old Talukas of Tando Muhammad Khan, Matiari, Tando Allahyar and Hala, whereas on administrative side, this district has been divided into 4 Districts and named as Hyderabad, Tando Muhammad Khan, Tando Allahyar and Matiari, therefore, the administrative set up is altogether different from Judicial setup. The police personnel responsible for the production of UTPs are provided only by District Police of Hyderabad and not contributed by district police of Tando Allahyar, Tando Muhammad Khan and Matiari, therefore, District Police, Hyderabad is unable to cope up with the situation resulting failure in the production of UTPs specially on the different occasions when the police force is required on different security duties at Hyderabad, therefore , a suggestion has been made that “Court police” on the pattern of Court police of Karachi may be established. The manpower and financial assistance require to be made be contributed by all the 3 administrative districts. Such request has been made to the Additional Registrar at Circuit Court, Hyderabad for arranging meeting with the Senior Judge on the subject. The entire data has been collected in this regard. As soon as the Court police is established, the problem of non-production of UTPs on different occasions on which police remain busy on administrative duties would be solved and by production of the UTPs on all the days of a month, disposal will be increased and the miseries of the UTPs on account of their non-production will be minimized.

2.1.3. CENTRAL PROCESS SERVING BRANCH.

As soon as the software for the central processing branch is installed, the entire on line monitoring of process serving in criminal cases as well as in civil cases will be possible and there will be no chance to remain any process unserved.

2.1.4. CENTRAL RECORD ROOM.

On account of computerization of the central record room, the entire record of the central record room will be digitized and the data would be fed in respect of location of the files and their movement. In this way, the problem of missing of disposed of files would be eliminated.

2.1.5. COMPUTERIZATION OF THE CENTRAL

LIBRARY.

 

After shifting of the central library to Sessions Court building from Civil Court Building, the same will be computerized as it was done in District East by installing software of library prepared by High Court of Sindh. A facility of internet will also be available for the Judges.

(2) JUDICIAL WORK.

2.2.1. CLEARANCE OF THE BACKLOG.

As referred to above, the plan for the clearance of the backlog especially all those cases which were registered up to the year 2004 by the end of December, 2008 (details of which are attached as Annexure “K”) will remain enforced throughout the year. The 8 groups will remain busy in monitoring of these cases under close supervision of the District Judge. All those cases which do not proceed continuously for 3 dates of hearing will be continuously examined by the group leaders in order to find out the bottlenecks and will be suggesting to the Presiding Officer the ways and means to dispose of such cases. The new cases which have been registered between 2005 to 2006 will not be neglected and their disposal will be considered as per schedule provided by the High Court in its letter No.MIT/Function subordinate Courts/2002 dated 27.11.2006.

 

CONCLUSION.

By acting on the above plan in the Courts of Hyderabad, there will be no backlog of cases.

 

These Courts will be the most modern Courts and even better than the Courts of District Karachi East, which are presently model Courts in the country.