A Guide to Litigation Practice in Pakistani Courts

Litigation in Pakistan is a dynamic and multifaceted process that demands a clear understanding of the legal framework, procedural rules, and practical considerations involved. As a practitioner in Pakistani courts, whether in civil, criminal, or constitutional matters, navigating this system effectively requires more than just theoretical knowledge. This guide provides key insights into the litigation process in Pakistan, aimed at young lawyers, law students, and litigants interested in understanding how the judiciary works.

1. Structure of the Pakistani Judicial System

Pakistan’s judicial system is based on a combination of British common law principles and local legislation. It comprises:

• Lower/Subordinate Courts: Civil and criminal matters are initiated here, including District Courts, Civil Judges, and Magistrate Courts.
• High Courts: There is a High Court in each province and a separate one for Islamabad. These courts primarily deal with appeals, constitutional petitions, and complex civil/criminal cases.
• Supreme Court of Pakistan: The apex court, which hears appeals from the High Courts, resolves constitutional questions and hears high-profile cases.

Specialized courts also exist, such as the Anti-Terrorism Court, Family Courts, Labour Courts, and the Federal Shariat Court.

2. Initiating a Case: Filing Pleadings

The litigation process begins with the filing of the initial pleadings, which set the stage for the case:

• Plaint (in civil cases): The plaint is the formal statement filed by the plaintiff outlining the cause of action and the relief sought.
• Written Statement: The defendant responds with a written statement addressing the claims made in the plaint.

In criminal matters, cases are generally initiated by the state after the registration of a First Information Report (FIR). However, private complaints can also be filed directly in court.

3. Jurisdiction: Choosing the Right Court

Selecting the correct court based on territorial and pecuniary jurisdiction is crucial. Filing a case in the wrong court can lead to delays or dismissal. For example, the Civil Judge classifies jurisdiction by the monetary value of the claim, whereas matters of public law are filed in the High Court under constitutional petitions (Article 199 of the Constitution of Pakistan).

4. Stages of Litigation

Once a case is filed, it typically follows these key stages:

• Summons and Notices: The court issues notices to the defendants/respondents to appear and respond to the pleadings.
• Framing of Issues: After reviewing the pleadings, the court frames issues, identifying the questions of law and fact that need to be determined.
• Recording Evidence: Both sides present their evidence through witnesses, documents, and expert testimony. This is a critical stage where thorough preparation is key.
• Arguments: Lawyers from both sides present their arguments based on the facts and applicable law.
• Judgment: After hearing the arguments, the court delivers its judgment. In complex cases, it may reserve the judgment for a later date.

5. Procedural Nuances

Litigation in Pakistan is often marred by delays, largely due to procedural complexities. Young lawyers must be mindful of:

• Adjournments: While adjournments are frequently requested, courts are becoming stricter in granting them. Ensuring readiness at every hearing is essential.
• Interlocutory Orders: These are orders passed by the court during the pendency of the case, which can shape the course of the litigation. Orders for temporary injunctions, stay orders, or interim relief can be game changers.
• Stay Applications: To prevent irreparable harm, parties may seek stay orders or temporary injunctions. A strong prima facie case is required to secure these orders.

6. Role of Alternative Dispute Resolution (ADR)

Though litigation is the primary recourse for dispute resolution, Pakistani courts are increasingly emphasizing Alternative Dispute Resolution (ADR), including mediation and arbitration, especially in commercial disputes. The Civil Procedure Code (CPC) allows for the referral of cases to ADR mechanisms to reduce the burden on courts and ensure quicker resolution.

7. Ethics and Professionalism

A lawyer’s reputation in the legal community and the court system is built on ethics, diligence, and professionalism. Proper courtroom decorum, respect for opposing counsel, and a commitment to integrity are indispensable for long-term success in litigation.

8. Appeals and Revisions

The Pakistani legal system allows for multiple avenues of appeal. Parties dissatisfied with a judgment can file appeals in higher courts, such as the High Court or ultimately, the Supreme Court. Additionally, revisions can be sought in certain cases to correct material irregularities in lower court decisions.

The key, however, is understanding the fine line between judicial discretion and error, ensuring that appeals and revisions are filed on strong legal grounds rather than as delaying tactics.

9. Technology and E-Courts

With advancements in technology, Pakistan’s judicial system is slowly embracing digitization. Some courts have started introducing E-filing systems and video conferencing for hearings, which has been a game-changer, especially in light of the COVID-19 pandemic. Keeping up-to-date with technological trends in court procedures can give litigators a competitive edge.

10. The Prospective 26th Amendment and Its Impact

One of the most widely discussed legal developments in Pakistan is the proposed 26th Amendment to the Constitution of Pakistan. Although the specifics of this amendment are still debated, its anticipated impact on the litigation landscape could be substantial.

The proposed amendment is expected to focus on expanding the jurisdiction of the judiciary and addressing critical gaps in constitutional rights. Some of the areas potentially impacted include:

• Fundamental Rights Protection: The amendment is likely to strengthen protections for fundamental rights, particularly in areas concerning freedom of expression, right to privacy, and equal protection under the law. As a result, constitutional petitions challenging the violation of such rights might increase in the higher courts, especially the High Courts and the Supreme Court.
• Enhanced Judicial Accountability: There is talk of measures within the amendment to further strengthen judicial accountability, ensuring transparency and reducing delays. This may result in improved efficiency and quicker resolution of cases.
• Expanding the Role of High Courts: By potentially broadening the scope of Article 199, the High Courts may be granted increased power to hear cases of public importance. This will directly impact constitutional litigation, allowing petitioners greater access to justice.

Young lawyers must stay informed about these developments, as they may significantly affect not only the judicial process but also the scope and nature of litigation practice in Pakistan.

11. Tips for Young Lawyers

• Case Law Research: Thorough legal research is essential for building a persuasive argument. Familiarize yourself with precedents set by the High Courts and Supreme Court.
• Drafting Skills: Precision in drafting pleadings, applications, and written arguments is paramount. A well-drafted plaint or petition can set the tone for the entire case.
• Client Communication: Keeping clients informed at every stage builds trust and helps manage expectations. Litigation can be a lengthy process, and transparency is key to a successful lawyer-client relationship.

Conclusion

Litigation practice in Pakistani courts offers unique challenges and opportunities for those equipped with the right skills, knowledge, and dedication. Mastering procedural intricacies, maintaining professionalism, and embracing the evolving role of technology in law can lead to a rewarding legal career. As the anticipated 26th Amendment looms on the horizon, it is essential for legal professionals to be prepared for its impact, ensuring they are ready to navigate and thrive in an evolving judicial landscape. By staying committed to justice and upholding the highest ethical standards, lawyers in Pakistan can make a significant impact on the legal system.

This article offers a concise yet comprehensive overview of litigation practice in Pakistan, along with insights into the upcoming 26th Amendment. For detailed legal insights, consultations, or representation, feel free to connect with me on LinkedIn or reach out to my law firm, Anjum Hameed Law Associates.