ABDUL SALAM KHAN vs BANK AL-HABIB LTD — 2025 PLD 1043 SUPREME-COURT

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ABDUL SALAM KHAN VS BANK AL-HABIB LTD. arts. 4, 9 & 10-a---Delay in adjudication of cases---Effect---Right to access to justice---Scope---Responsibility of judiciary to ensure efficiency and fairness stated---Need for intelligent case management framework and technological reforms emphasised---The right to access to justice is guaranteed by articles 4, 9 & 10a of the Constitution---It encompasses within it the right to a fair and timely trial---Delay that renders a remedy ineffective or a right illusory amounts to a denial of due process---Justice, to be real, must be both just and timely---Delay in adjudication is not merely a by-product of docket congestion or branch-level inefficiencies; it is a deeper, structural challenge of judicial governance---The Court, as a matter of institutional policy and constitutional responsibility, must urgently transition toward a modern, responsive, and intelligent case management framework---Such a system must, at a minimum, ensure: the early fixation of cases on a non-discriminatory basis; the elimination of "queue-jumping" and preferential scheduling; the prioritization of matters involving constitutional, economic, or national importance without compromising the timely resolution of individual claims; the implementation of age-tracking protocols to automatically identify dormant cases; and the judicious use of artificial Intelligence ("aI")tools to assist in scheduling and triage while preserving the sanctity of judicial discretion---Judicial systems across the world have recognized that delay is not an intractable inevitability but a solvable institutional challenge---Through tools such as e-filing, real-time dashboards, automated scheduling, and transparent digital oversight, other judicial systems across the world have moved from being passive custodians of dockets to active managers of justice delivery---These international experiences underscore a basic truth: delays in justice are not inevitable; they are a product of institutional design, and can be remedied with vision, planning, and resolve---The judiciary of Pakistan must draw upon these global lessons and commit to transformative reform that integrates technological innovation, administrative restructuring, and disciplined case management---Courts must evolve into engines of timely, transparent, and citizen-focused justice.

ABDUL SALAM KHAN vs BANK AL-HABIB LTD — 2025 PLD 1043 SUPREME-COURT

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