SC orders nationwide compliance, urges swift resolution of land grab cases

In a judgment authored by Justice Jamal Khan Mandokhail, the apex court emphasized that Article 187 of the Constitution

ISLAMABAD: The Supreme Court (SC) of Pakistan has ruled that all executive and judicial authorities, including high courts across the country, are constitutionally bound to implement its directives to ensure the effective administration of justice.

In a judgment authored by Justice Jamal Khan Mandokhail, the apex court emphasized that Article 187 of the Constitution grants it the authority to issue any orders, directions, or decrees necessary for delivering complete justice in matters before it. The court stated that this constitutional mandate requires all executive and judicial institutions to act in accordance with Supreme Court directives.

The ruling was issued during proceedings related to a complaint filed under the Illegal Dispossession Act, 2005, where the petitioner sought enforcement of the law’s requirement that cases be concluded within 60 days.

A two-member bench comprising Justice Jamal Khan Mandokhail and Justice Malik Shahzad Ahmad Khan observed that although the complaint had been pending since 2016, the trial court had failed to fulfill its statutory duty of completing proceedings within the prescribed timeframe.

Expressing concern over delays, the Supreme Court directed all trial courts handling cases under the Illegal Dispossession Act to strictly adhere to the 60-day limit and maintain detailed day-to-day records of proceedings. The court further instructed judges to provide specific and sufficient reasons whenever hearings are delayed, clarifying that routine explanations such as the absence of witnesses or requests for adjournments by lawyers would not be considered adequate justification.

The judgment stressed that adjournments should not be granted as a matter of routine and must only be allowed for valid and compelling reasons.

To strengthen oversight, the Supreme Court ordered inspection teams of the high courts and district judiciary officials to regularly monitor pending cases under the Act. Monitoring reports must include details such as filing dates, progress of proceedings, and reasons for delays where the statutory timeline has been exceeded.

The court also directed complainants to submit witness lists with their complaints and ensure the attendance of witnesses whenever statements are scheduled to be recorded. Both parties and their legal representatives were instructed to remain present at every hearing.

Additionally, the Supreme Court clarified that trial proceedings should continue even if an interim order is challenged before a higher court, unless a specific stay order has been granted.

Copies of the judgment have been sent to the registrars of all high courts with instructions to ensure strict implementation of the Supreme Court’s directives across the country.