The justice has a great importance in the life of an individual and an essence for the civilized society. In-case, justice delays; it creates anarchy in the society. Access Justice timely is the fundamental right of every citizen of Pakistan as ensured under article 04, 09, and 10-A by the constitution of the Islamic republic of Pakistan, 1973. Even, Under article 37-D of the 1973 Constitution, it’s the constitutional responsibility of the every organ of the State to ensure the inexpensive and expeditious justice for all citizens. Despite such responsibility the state has failed to perform it’s duty. We must learn from the past and refrain from repeating the mistakes. There is a general tendency that the judiciary as well as lawyers are being criticized and held to be responsible for such delay in the process of the justice. Except such public opinion; the law enforcement agencies shall also equally be responsible for such delay because the judiciary’s duty to decide the case and pronounce it’s verdict on the merits; lawyers just are being hired by the parties to assist the Hon’ble court but the core responsibility of the law enforcement agencies to execute and respect the order. According to law and justice commission of Pakistan 2.36 million cases are backlog in the all courts of country, 55941 cases out of 2.36 million cases backlog before the Hon’ble apex court of Pakistan; furthermore, as per the report of the world justice rule of law index of 2025, Pakistan ranks at 130th out of 143 states deliver justice and uphold the rule of law in the state.
It is complex to mention a few causes of delaying justice, it is true that there are many factors that are causing delayed judicial process in Pakistan. Delayed judicial process promotes the crime rate, violation of rights, extortion, insecurity, corruption, torture and harassment by law enforcement agencies as like Police. Foremost reason for delaying justice is fault in the “judicial system.” The fault in judicial system arises when the number of cases filed are much more than the number of judges hearing such cases. “Insufficient court administration”. Even, delays and compromises in the judicial process. The Civil Procedure Code of 1908 and the Criminal Procedure Code of 1898 were enacted by the British rulers in the 18th century. After Pakistan gained independence in 1947, these codes were adopted almost unchanged, with only a few minor amendments. These procedural complexities remain a major cause of judicial delay. Under these codes, civil litigation can stretch over a decade due to the misuse of applications during trials. Although such applications are meant to expedite cases, litigants often use them to prolong proceedings. Similarly, criminal trials frequently collapse because of unreliable evidence, incomplete investigations, and witness intimidation. Unfortunately, for most citizens, pursuing justice through the courts is a privilege that requires time and money that few can afford. The poor are often forced to settle disputes privately or withdraw from legal protection, while the powerful navigate the system more effectively than ordinary individuals. Beyond institutional reform, the deeper crisis is one of moral trust. When the law fails to deliver, citizens turn to conscience, faith, and informal systems. In rural Pakistan, traditional mechanisms such as Jirga and panchayats continue to resolve disputes swiftly, but often at the expense of women’s rights. This weak and compromised judicial process undermines the rule of law, encourages corruption and authoritarianism, and favors the rule of power and privilege over “an effective and responsive judicial system”.
The judicial delay is not merely a silent curse on society, but also a challenge for the legislative, executive, and institutional bodies. There is an urgent need for structural reforms. Although, once the judicial process fails to provide justice in the spare following two maxims “justice delayed is justice denied” and “justice hurried is justice buried.” Justice shall be given between these two maxims. In contrast, the erosion of public trust, deeper inequality, witnesses disappearing, and evidence fading turn justice into a luxury that only the elite community can afford. Now the worth of Article 37(D) of the Constitution of 1973 is being purely violated, and no one cares because it’s none of their business. Even, the citizens of Pakistan have no positive hope from the judicial process right now. The prisoners whose petitions are pending before the Honorable courts for the last 4-5 years… However, delay in the judicial process escapes accountability not just in the state but also impacts the socio-economic growth of the state; foreign investors or investments will not be attracted, and trade will affect businesses. Therefore, justice now becomes an aspiration for the poor rather than a reality.
Parallel, the delay in the judicial process is a major challenge for the legislative organ of the state. Currently, Pakistan has procedural codes from the 18th century, which were enacted in light of the circumstances of that era. Now, society has changed; it’s the 21st century, and the circumstances of this period state that laws shall be amended according to the requirements of the current time period. There shall be practical accountability for judges because, currently, judicial officers have no professional attitude. Despite this, the commission for overseeing the accountability of justice is merely ceremonial, not practical. Even, the Law and Justice Commission published its report in 2025 stating that the conviction ratio for gender-based violence is below 3%, and in criminal trials, the conviction ratio is below 10%. Besides this, the backlog of cases yet to be decided by the judiciary takes 15 years to adjudicate, during which no new cases can be filed before the Honorable courts to adjudicate such new matters.
To combat judicial delay, heavy costs should be imposed on parties who intentionally prolong proceedings without reasonable cause. Adjournment applications should be limited to ensure efficient adjudication. The court should also set a fixed time period for the completion of evidence. If a party fails to present their evidence within the allotted time, their opportunity to do so should be closed. Additionally, the judicial system should establish age-tracking protocols to automatically identify dormant cases. There should also be judicious use of Artificial Intelligence (AI) to assist in scheduling and triage, while preserving judicial discretion. Furthermore, cases should be fixed early on a non-discriminatory basis, eliminating “queue-jumping” and preferential scheduling. Matters of constitutional, economic, or national importance should be prioritized without compromising the timely resolution of individual claims. Lastly, strengthening the police, modernizing forensic investigations, and improving judicial transparency are essential first steps.
In-nutshell, public confidence will return only when justice is visible and impartial. Occasional high-profile verdicts cannot replace everyday fairness. The true measure of justice is not symbolic cases, but whether an ordinary citizen, without influence or wealth, feels protected by the law. Justice must restore not only order but also trust, bridging the gap between citizens and the state. Even, Justice is fundamental principle of Islam as in Quran in Surah “Al Imran verse 108” Allah stated that “Allah wants no Injustice to the world.” In Surah “Al Araaf verse 181” it is stated that “We created a community which guides by truth and by it establishes justice.”
