Justice seems elusive but let's hope for a better tomorrow
Pakistan
Introduce social responsibility, witness protection, ADR, jury, live telecasts, and community police
By Javed Iqbal
Amidst the quagmire of Pakistan's justice system, groaning under the weight of over two million pending cases, the nation's collective hope now rests squarely on the shoulders of Chief Justice Qazi Faez Isa.
By his inaugural open court appearance, CJP Isa struck a resonant chord by hoisting the flag of transparency high. His resounding words emphasising the absence of sole sailing power and the commitment to establish benches and fixing cases for the entire month signal a promising start on the path to reform.
Brief origin
Pakistan's justice system, born from British colonial rule, has fallen short of its potential due to the absence of critical British traditions. In contrast, the United States, after gaining independence from Britain, retained the system while implementing robust checks and balances, earning a reputation as one of the world's best justice systems.
Pakistan's deficiencies can be attributed to a lack of inherited British traditions. It is, however, a fact that regardless of who leads Pakistan’s judiciary, they face a multitude of challenges.
Challenges and solutions
Roots of Injustice: Corruption and decay have seeped into the foundations of Pakistan's justice system, with the powerful thriving and the vulnerable suffering. Justice remains elusive.
Without reforming the revenue, police and prosecution, there can be no true reforms in the justice system.
Clearing the backlog, installing gatekeepers: Over two million pending cases underscore the urgent need for systemic reform. Prioritising high-impact cases and enhancing procedural efficiency through modern case management systems and alternative dispute resolution mechanisms can expedite case processing.
Also read: SC annuls amendments to NAB laws, restores all corruption cases in landmark verdict
Moreover, registrars should thoroughly examine a petition prior to fixing it before the bench to discourage undue litigation.
Curtailing External Influence: Safeguarding judicial independence and enhancing transparency and accountability are crucial. This includes regular judicial audits and a commitment to impartiality, refraining from political bias.
Learning from Pioneer Justices: Drawing inspiration from international jurists like Justice Ruth Bader Ginsburg and studying successful justice models in countries such as Canada, Germany and the United Kingdom can provide valuable insights.
Introducing Jury: Implementing jury trials, beginning with civil cases involving public funds or petty crimes, can revolutionise decision-making in courtrooms, allowing judges to focus on legal matters. This will also involve dignified strata of society in the justice system that needs them for decades.
Easing the Judicial Burden: The separation of the executive from the judiciary has increased the workload for judicial officers. It's crucial to redistribute responsibilities to ensure efficiency. Justice of Peace powers may be delegated to dignitaries.
More to read: Shortage of judges causing huge backlog of cases in superior judiciary
Leveraging Technology: Incorporating cutting-edge technology like Blockchain can streamline processes, reduce backlogs, and ensure a fair resolution of disputes.
It can empower judges with comprehensive case details and impose penalties on those obstructing justice. Moreover, the Punjab Information Technology Board should establish a dashboard to display the status of all two million pending cases and there current status for transparency.
Power of Purse: Exploring alternative funding resources for the judiciary, such as advertising around court premises, outsourcing vehicle stands, and imposing heavy fines on criminals or habitual litigants, can reduce reliance on government funds. This will reduce the interference of the executive.
Avoiding Judicial Populism: Avoiding aggressive forms of judicial activism and ruling based on law rather than public opinion is vital to prevent costly legal disputes.
Must read: CJP rules three-judge panel to determine bench composition
Live telecast: Live telecasts of court hearings, if any of the party demands, can enhance the accessibility and accountability of judicial hierarchy.
The way forward
Summing up, Pakistan's justice system reveals a stark contrast with global exemplars. As nations like Germany confronted destruction in history, it revived through post-World War II reforms, Japan's speedy justice system and Scandinavian emphasis on the rehabilitation of criminals offer valuable lessons for us. However, there is no shortcut.
Proposed reforms for Pakistan include digitisation, specialised courts, social responsibility and legal ethics, witness protection, alternative dispute resolution, anti-corruption measures, citizens’ participation in the judiciary (jury), live telecast of proceedings and community policing.
The call to action urges the government, judiciary, public and legal experts to unite for reforms, allocating resources and focusing on revitalising the system. It's high time to demand a justice system that truly serves the people, not perpetrators of injustice.
