Daily Times

The saying goes, “justice delayed is justice denied.” This phrase holds significant importance in the context of Pakistan’s criminal justice system, where outdated laws and procedures continue to hinder the delivery of timely justice. Despite the country’s independence from British colonial rule over seven decades ago, many archaic laws and procedures remain in place, causing undue delays and inefficiencies in the administration of justice.

One of the primary reasons for the delay in criminal justice is the continued reliance on outdated British-era laws. The Pakistan criminal justice system at the trial stage runs on three main procedural books such as the Code of Criminal Procedure (Cr.P.C.), the Pakistan Penal Code (PPC), the Qanun-e-Shahadat Order (QSO), and also including so many other acts and ordinances enacted during the British colonial era or in the early years of Pakistan’s independence, are no longer relevant to the country’s modern needs and circumstances.

The outdated laws and procedures in Pakistan’s criminal justice system are a major obstacle to the delivery of timely justice.

The Code of Criminal Procedure (Cr.P.C.) is the main procedural pillar of criminal justice in Pakistan. Enacted in 1898, it has undergone minimal changes since then, making its provisions inconsistent with modern needs and requirements. Similarly, the Pakistan Penal Code (PPC), enacted in 1860, prescribes punishments for offences, but its provisions are outdated and often lead to unnecessary complications. The Qanun-e-Shahadat Order (QSO), enacted in 1984, governs the admissibility of evidence in criminal trials, but its provisions often cause delays and hardship to victims and their families.

There are countless outdated laws and procedures related to special criminal offences, including the Police Rule 1934, the Anti-Terrorism Act of 1997, the Narcotics Control Act of 1997, The NAB Ordinance 1999 and the Anti-corruption Act. These laws, enacted decades ago, fail to address modern-day challenges and needs. The consequences of these outdated laws and procedures are far-reaching. Cases drag on for years, and sometimes even decades, causing undue hardship to victims and their families. The system’s inefficiencies also lead to overcrowding in prisons, with many inmates languishing in jail for years, awaiting trial.

To address these issues, there is a pressing need for reform in Pakistan’s criminal justice system. The government, the bench, the bar and the prosecution must work together to modernize the system and bring it in line with international best practices.

Firstly, outdated laws and procedures must be repealed and replaced with modern laws that reflect the country’s current needs and circumstances. This includes the Cr.P.C., PPC, QSO, and other outdated laws. Secondly, new laws and procedures must be introduced to prioritize efficiency, effectiveness, and fairness. This includes the use of technology to streamline processes, the introduction of alternative dispute resolution mechanisms, and the establishment of specialized courts to deal with specific types of cases.

Thirdly, judges, prosecutors, and police officials must be provided with training and resources to enhance their skills and knowledge. This includes training on modern investigative techniques, forensic science, and trial advocacy.

Fourthly, independent oversight bodies must be established to monitor the performance of the police, prosecutors, and courts. This includes the establishment of an independent police complaints commission and a judicial accountability mechanism.

Finally, funding for the criminal justice system must be increased, including the provision of modern infrastructure and technology. This includes the establishment of modern courts, prisons, and police stations, as well as the provision of technology to facilitate the administration of justice.

In addition to these reforms, there is also a need to address the issue of judicial appointments and ensure that judges are appointed based on merit and not political affiliations. The judiciary must be independent impartial, and free from political influence. There is also a need to increase transparency and accountability in the criminal justice system. This includes the establishment of a transparent and accountable system for the appointment of judges, prosecutors, and police officials, as well as the establishment of a system for monitoring and evaluating their performance.

Moreover, there is a need to address the issue of access to justice, particularly for marginalized communities. This includes the establishment of legal aid programs, the provision of free legal services, and the establishment of specialized courts to deal with specific types of cases.

The outdated laws and procedures in Pakistan’s criminal justice system are a major obstacle to the delivery of timely justice. The continued reliance on British-era law books and procedures is a relic of the past and has no place in modern-day Pakistan. There is a pressing need for reform, and it is the responsibility of the government, bench and bar to work together to modernize the system and bring it in line with international best practices. Only through such reforms can Pakistan ensure that justice is delivered efficiently, effectively, and fairly and that the saying “justice delayed is justice denied” becomes a thing of the past.

The writer is a freelance columnist.