Criminal Justice System in Pakistan: Challanges and Remedies

Usually societies have the system of justice to balance the equilibrium of power between the powerful and the weak, to deter and punish the perpetrators and to compensate the aggrieved party. The criminal justice system is a multifaceted framework and an important ingredient of any society in the world that describes the offences, punishments, procedures and ways to reduce the crimes in a society. Moreover it purposefully aims to maintain the law and order, uphold the justice and ensure public safety. Without an effective criminal justice system society would face the music of fragility and a little chance of survivability. It encompasses various institutions, such as police, prosecution, courts, prisons and correction as it may vary from country to country.

The Criminal justice system of Pakistan suffers from a lot of shortcomings and ailments such as: mishandling of cases by law enforcement agencies especially police, unavailability of adequate compensation to the innocent people, delayed disposal of cases and inadequate professional training to the members of police, law enforcement agencies, judicial officers and prosecutors. It’s unequivocal fact that the embodiment of Criminal justice system is borrowed from the British and its outdated and in dismal condition. Criminal justice system of Pakistan is torn apart by institutional competition, bigotry and lone efforts on the cost of public trust which prove as hindrance to dispensation of justice that pave way to influential and wealthy persons to get themselves acquitted from any sort of offences.

Pakistan’s Judiciary at the Cross Road

However, Criminal justice system commence with police or investigating agency in the civilized countries by lodging the First Information Report( FIR) so does it In Pakistan. police has been customarily blamed as one of the most corrupt institutions of Pakistan, according to recent report of National Corruption Perception Survey (NCPS), 2023. In most of the developed countries such as, Italy, France, Austria, Brazil and China a single call from the citizens can bring the enforcement agencies into action.

Court stated that ”Pity the nation that demands justice for all … but is agitated when justice hurts its political loyalty… Pity the nation that clamors for equality before law… but has selective justice close to its hearts”.

While, in Pakistan, it exhausts the citizens first, and sensing the past it leads to the tempering of evidences, the aggrieved party suffers because of non professionalism, sheer ignorance and corrupt investigation. Political actors, wealthy and influential accused in most of the cases approach the investigating officers to tamper with evidences, resultantly they get acquitted due to the lack of evidences. The police officers who initiate the investigation are mostly not aware of laws of the land and not equipped with modern technology to prosecute diligently. All these are the impediments in dispensation of justice on first instance.

`Subsequently, prosecution is an independent department which is established in all the provinces after 2006-2007. It’s main function is to evaluate , filter and scrutinize the reports send by police and then refer it to the court. Prosecution is stuck between police and courts as it has very limited authority; it even can not direct the police investigators to have relevance with accordance of laws at the time of investigation or sections mentioned in the charge sheets. They have no proper infrastructure to work. The resources and legislation is inconsiderable. Symbolically they act as the rubber stamps.

Courts are the backbone of the criminal justice system. Meanwhile, in Pakistan, the back is boneless, normally the evidences are already being tampered and fabricated by investigators and then by the prosecutors before reaching the court. The delaying tactics, exacerbating caseloads as according to bi-annual report of LJCP during second half of 2023, there are 2.26 million pending cases , the adjournment by litigants and the corruption of judges are impeding the criminal justice system from thriving.

Institutional competition must be eradicated, and the government should prioritize the prosecution system by increasing the number of prosecutors and improving their training.

The legal praxis and maxims perfectly suit the Pakistani courts as; ”Justice delayed is Justice denied”, ”Justice hurried is justice burried” and as famously said by the court in suo motu case No. 4 of 2010, court while referring to a piece of ” Khalil Gibran” where he criticized the nation which lacks the justice or demands for partial justice. Court stated that ”Pity the nation that demands justice for all … but is agitated when justice hurts its political loyalty… Pity the nation that clamors for equality before law… but has selective justice close to its hearts”.

Finally, all over the world correction facilities are given to prisons to minimize the burden on prisons and provide skills to prisoners. In Pakistan, prisons operate under the Home department and mostly all districts have prisons. Except for the Sindh, Prisons and Corrections Service Act of 2019, which provides correctional facilities in prisons, the other provinces continue to operate under the outdated Prison Act of 1894. This older legislation lacks provisions for rehabilitation, reintegration, and skills development programs to support prisoners.

The criminal justice system in Pakistan can be enhanced by standardizing professional education, providing comprehensive training, and addressing the egoistic attitudes of institutions. It is essential to implement the laws that ensure checks and balances across all institutions. Investigating officers and prosecutors should be equipped with modern techniques and the technological tools. Officers should also get the proper training to have a thorough understanding of investigation-related laws.

Additionally, police procedural laws require urgent reforms. Institutional backlashes must be eradicated, and the government should prioritize the prosecution system by increasing the number of prosecutors and improving their training. To reduce the load of pending cases on judiciary , judicial vacant appointments must be filled, and the number of judges should be increased. In prisons, the focus should be on the rehabilitation, correction, and reintegration of the prisoners within the criminal justice system.