Pakistan justice

1. Name: Soha Bukhari
Major: LLB
Subject: Pakistan legal system
Sub-mitted too: Miss Sahreem Rahmat ullah
Assignment: (2)
Date: 23rd
February 2018
Topic: Give some recommendation about fair and speedy justice in Pakistan.

2. Speedy and Fair justice:
“The proper administration of the law the fair and equitable treatment of all individuals under the
law. A title given to certain judges, such as federal and state supreme court judges. Delays in the
judicial system are not due to any ‘external factors’ but are endemic pointing fingers at ‘external
factors’ is nothing more than blame shifting. The most glaring causes include outmoded court
procedures and inefficient case management techniques. One reason why the wheels of justice
move so slowly is that in many societies the volume of litigation has increased enormously
during the last 60/50 or so years. Minor disputes or brawls that were once settled by the friendly
intervention of friends and neighbors or through negotiation and compromise, or simply let go,
are now taken to court. Consider also that governments sue, and are sued by, private parties
much more often than before. This increase has occurred in civil much more than in criminal
cases. In many societies, including Pakistan, a large percentage of the crimes does not even get
reported, because of the hassle the victim has to go through in dealing with the police.
RECOMMENDATIONS FOR FAIR, TRANSPARENT AND SPEEDY
JUSTICE IN PAKISTAN
 The solutions to the problem of delayed justice must come from the judiciary itself. The
judges are the foot soldiers in this battle against the pendency of cases, and the feedback
regarding the problems faced by them in the management of this is critical to any
solution. Part of this solution is an indigenous management strategy regarding case
pendency which is both relevant and practical to Pakistan and not to England. We must
abandon our colonial mindset.
 The Jails are filled up with prisoners owing to slow legal process. And hence extra
money is needed to counter the number of problems faced by these prisoners that include
health and hygiene issues
 Trust on the judicial system from the hearts of citizens is decreasing at a fast rate due to
slow legal process by legal representatives in order to fetch more money. That’s due to
Lack of legal knowledge among the masses and Lack of efficiency in bar councils.
 Judges are also indulged in Malpractice hence justice is not served. A murderer is set free
to commit more crimes and an innocent is sent to prison who in turn becomes a criminal
to take revenge. There is political favourism in courts. There is Influence of chieftains
and feudal lords to get fair and transparent justice, especially in rural areas and tribal belt
of the country.
 One major problem is the lack of awareness about the judicial system of this country
amongst the masses. People are hence exploited by the lawyers who keep fetching money
for little things and at the end gives no positive results, this results in Unimportance to the
judicial system by the people.

3. • There is Lack of coordination between judicial and police in order to dispose cases as soon
as possible the Police exploits the people too Judiciary is in doldrums due to police, which
makes fabricated cases.
 No sufficient funds allocation by the government for effective administration in the
courts
 No use of Information technology for filing a case/petition/writ
 No computerized record of cases.
 Proper legislation by the parliament is required. A law is to be legislated that would bind
judges not to adjourn the case for more than 7days. This point totally depends upon the
quick delivery of facts and figures by the police. For this the gap between the police and
lawyers should be reduced coordination and corporation should be entertained.
 A committee to be formed by CJ province which will hear complaints of the litigators
and other issues pertaining to law. Free legal advisor to be provided to deserving and
poor people. A committee should be formed that keeps the working of employees in
check and determines who is really in need.
 All cases be computerized and maximum 15days to be set to dispose of Cases (final
verdict b given maximum in two weeks)
 Administration of court should be made efficient and effective for speedy judicial
System, for this right man on the right job
 Postings, transfers and other related issues of judges should be dealt by superior Judiciary
instead of law ministry.
 Few provision of law should be part of the middle class syllabus for prevention of Crime
and augmentation of awareness about judicial or legal matters.
 The discouragement of the liberal adjournments granted by the subordinate courts and
high courts.
 Bar council should be more effective and contesters should be honest and loyal.
 Judicial investigation wing be set up to verify the fabricated charges.
 Salaries of judges should be increased to discourage malpractices judicial Education is
that branch of education which is more applied than mere theoretical. Thus it is distinct
from legal education. Legal education is imparted by the law schools while the judicial
education is imparted by the judicial academies/institutions. It focuses on the practical
aspect of application of law by the courts in the administration of justice. The usefulness
of it can be understood by the fact that a Judge is to practically answer all issues raised
before him or her in the light of the facts, attending circumstances, evidence and law to
show that the confidence reposed by the people in him to determine their rights in
accordance with law was fully justified. Laws are limited but the problems are manifold
Each case has its own facts and circumstances, thus the aspects and dimensions are not
only diverse but also multiple.