Abstract
Every state enacts and publishes laws according to its peculiar socio-economic and cultural peculiarities. Pakistan inherited prevalent laws from the British Common Law. Pakistan Penal Code (1860) and Criminal Procedure Code (1898) govern dispensation of criminal justice system in Pakistan. Through reformation efforts have been ongoing to reform of the criminal justice system to accommodate socio-economic and cultural challenges, however, same has not been successful due to host of political, social and institutional issues. However, despite challenges, the system has delivered albeit at slow and selective pace. Apropos, there remain gaps in the system which are reflected though Pakistan’s standing in international indices and a general dissatisfaction of masses. The inadequacy of the criminal justice system has been considered as manipulative, cumbersome, slow and inadequate. The inadequacies have impinged upon the governance and national security domains of the State causing negative outlook. Consequently, every stratum of the internal social order, socio-economic and human terrain of national security and principles of governance are witnessing a gradual decline. Consequent outcome is violation of citizen-state contract hence erosion of public trust in the system. This paper undertakes a comprehensive analysis of the Criminal Justice System of Pakistan, focused on reasons for non/ delayed dispensation of justice and its impact on governance & national security, leading to policy recommendation for reforms.
Keywords: Constitution; Governance; Judicial Reforms; Justice System; Laws; Pakistan Penal Code; Policy
Metadata Record
References 26
- Ansar Abbassi, The News International, 21 Dec 2021.
- Police Order 2002.
- The Punjab Criminal Prosecution Service (Constitution, Functions, and Powers) Act 2006, No. 3 of 2006, GAZETTE of PAK. EXTRAORDINARY, Apr. 8, 2006, available atttp://punjablaws.gov.pk/laws/483.html.
- Stefan Harrendorf etal. eds., International Statistics on Crime and Justice, Vienna: United Nations Office on Drugs and Crime (UNODC), 2021
- Data obtained from Provincial Police Departments.
- Interview with Add IGP Karachi Office
- Data obtained from the National Judicial Policy Making Committee (NJPMC).
- Data obtained from KP and Sindh Prosecution Departments.
- Data obtained from PS City Court Karachi.
- Data obtained from Karachi Police.
- Data obtained from CTW, FIA HQ Islamabad.
- Ishaq Tanoli, SHC acquits 15 in 1983 Luari Sharif shrine killings case, The Dawn, 6 Oct 2022.
- Data obtained from Offices of the Provincial Inspector Generals of Prison.
- Data obtained from Provincial Home Departments.
- Her Majesty’s Inspectorate of Probation, 2021 Annual Report: Inspections of probation report.
- Saba Imtiaz, “Wali Babar case: Slain eyewitness had to testify today”, The Express Tribune, 12 Nov 2022.
- Data obtained from Add IGP Karachi Office.
- Data obtained from Central Police Office KP Police, Peshawar.
- Interview with DIG Investigation Lahore.
- Provincial High Courts and Federal Law and Justice Commission Report 2020.
- Interview AIG Finance, CPO Karachi.
- Asif Chaudhry, “Overcrowding, corruption rife in jails of Lahore”, The News International, 3 Mar 2022.
- “Justice Minallah Says Jails in Pakistan Have Become 'Epicentres of Corruption’”, The Friday Times, 28 Dec 2021.
- NSP 2022-26; Guaranteeing fundamental rights and social justice without discrimination, Message by Prime Minister.
- “Attacks against Minorities Understanding Intercommunal Violence in Pakistan”, Al Jazeera, 14 June 2016.
- IPSOS report, “Tax evasion renders Rs300bln losses to Pakistan’s economy”, The News International, 1 Jun 2021.