The Bar Council will be convening an extraordinary general meeting on Dec 12 to discuss the issue involving the move by the judiciary in not granting postponement of court hearings and hastening the disposal of cases.

This follows Chief Justice Zaki Azmi's directive earlier this year to adopt a fast-track system in commercial and civil court cases. Among the measures taken include the formation of the New Commercial Courts (called NCC), which will handle commercial cases filed this year.

bar council egm 180806 audienceCriminal courts were also not spared when judges and magistrates refused to grant postponements.

This has resulted in both lawyers and judges being pressured to hasten the disposal of cases during trials.

Judges and lawyers are often seen working overtime as cases can go on until 7pm. Lawyers, some of whom handle as many as four cases a day, face additional strain.

Given the pressing issue, the Bar Council at a meeting last weekend resolved to hold an EGM to address the matter.

A posting on the Bar Council website states that it is in the midst of drafting a motion for the EGM, and suggestions and comments from its 12,000 members are welcomed.

Change going too fast

Bar Council member Edmund Bon said the problems were brought by members, and “we feel it is better that it is addressed at an EGM”.

“We welcome the change as it is for the better and would lead to a faster disposal of cases. But some feel the change is going too fast,” he said.

“The council have held dialogues with Zaki and the respective state Bar have also held meetings with the judges to address the issue. We hope to gather feedback, pass a resolution and forward it to the judiciary for the betterment of justice.”

Zaki's directive came following the introduction of the government’s Key Performance Index (KPI).

It is understood that judges have a certain quota for the disposal of cases within a month and this has led to tremendous pressure not only within the judiciary but also the lawyers.

Two High Court judges had also been silently removed after they did not meet the KPI requirements.

Some members have also complained that certain criminal cases went ahead even without the presence of defence lawyers.