The Hidden Power of Court Clerks in Pakistan

In Pakistan’s justice system, court clerks—commonly known as “Muharrir” or “Reader”—play a powerful yet often overlooked role. While lawyers and judges receive the spotlight, it is often the court clerks who keep the machinery of the courts moving smoothly behind the scenes.

🧑‍💼 Who Is a Court Clerk?

A court clerk is an administrative official who assists judges in managing court files, scheduling cases, recording orders, and communicating between courtrooms and parties. In Pakistan, each judge is typically assigned a clerk known as the reader, and their role is crucial in the day-to-day functioning of courts.

🔍 Key Responsibilities of Court Clerks

• Maintaining case files and records
• Preparing cause lists (list of daily hearings)
• Reading case details in court
• Communicating dates to lawyers and parties
• Managing judicial orders and copies
• Helping with file movement between departments

⚖️ Why Clerks Hold Real Influence

Despite being administrative staff, court clerks often wield informal power. Here's how:

• Priority Handling: They can influence when a file is placed on the judge's table—early handling may mean faster relief.
• Scheduling: Though officially decided by the court, clerks often have leeway in rescheduling or adjusting the order of hearings.
• Access to Orders: Delays in order typing or file forwarding can slow down execution or appeals.
• Guidance to Junior Lawyers: Many young lawyers rely on clerks to understand how things work practically inside a courtroom.

💼 Relationship with Lawyers

Experienced lawyers understand that building a respectful, professional relationship with clerks is essential. Clerks can guide on:

• How to properly file documents
• Which case file is pending and where
• When a typed order will be ready

However, the informal system has its downsides too. In some courts, favoritism or unofficial 'tips' may influence the speed of work—a reality that young lawyers must navigate carefully and ethically.

📂 Importance in Record-Keeping

Pakistan’s judicial backlog is partly due to poor file tracking and case management. Court clerks are central to:

• Ensuring files don’t go missing
• Keeping accurate records of orders, adjournments, and filings
• Updating digital systems (where applicable)

🕊️ Can the Power Be Abused?

Unfortunately, yes. Some clerks have been known to delay file movement, hide orders, or misinform parties. This leads to justice being delayed—sometimes intentionally. Transparency and digital reforms are needed to reduce such risks.

🚀 The Future: Reforms & Technology

To reduce the clerks’ gatekeeping power and improve transparency, many High Courts have introduced:

• E-Court Systems for digital file tracking
• Online Cause Lists available to public
• Case Status Portals updated regularly

Still, implementation remains uneven, especially in district courts across Punjab, Sindh, KP, and Balochistan.

💡 Advice for Young Lawyers

• Always keep a physical copy of every document submitted.
• Follow up with the clerk but remain respectful and professional.
• Understand the workflow of the courtroom: where files go and how orders are processed.
• Don’t rely solely on verbal updates—check with the judge or file directly when needed.

📌 Conclusion

The power of court clerks in Pakistan is a double-edged sword. They are the unsung heroes of courtroom operations—but their influence can also delay or distort justice if not kept in check. Recognizing their role and ensuring accountability is key to a better legal system.

Author: Syed Mustafa Hussain Gardezi – Advocate High Court