SC says access to justice cannot be priced out

A Supreme Court bench on Friday observed that that most people in Pakistan are poor and cannot afford the high costs of litigation, asking law officers not to take the case pertaining to the increase in court fees for civil matters lightly.

A five-member Shariat appellate bench, led by Justice Shahid Waheed, alongside Justice Aqeel Ahmed Abbasi, Justice Shakeel Ahmed, and ad hoc members Dr Khalid Masood and Dr Qibla Ayaz, resumed hearings of a set of appeals, challenging hike in court fees.

The bench criticised a persistent attitude within the law offices that cases before the Shariat Appellate Bench would not proceed. Justice Waheed remarked that this mindset contributed to long-standing delays in fixing hearings and must now be corrected.

Officials attending the proceedings appeared as if another adjournment would be granted, Justice Waheed, remarked. He emphasised that the Shariat Appellate Bench is a permanent and functioning part of the Supreme Court, and not an occasional or symbolic forum.

The court issued notices to the Islamabad Bar Council and all provincial bar councils, summoning the Attorney General for Pakistan and all provincial advocates general to appear in person at the next hearing.

The bench warned that no further adjournments would be allowed. During the proceedings, the bench noted multiple appeals had been filed against the civil court fee, set at Rs15,000. Justice Aqeel Abbasi highlighted that the majority of Pakistanis could not afford this amount.

Justice Aqeel Abbasi observed that access to justice must not become a source of revenue. He added that many citizens could ill-afford “our legal system”. He underscored the state’s responsibility to ensure affordable justice, citing both constitutional and Islamic principles.

Balochistan Advocate General Ayaz Swati noted that the province charges no court fee for criminal cases, reflecting varied practices across regions, and acknowledged that affordability of justice remains a pressing concern for litigants nationwide.

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