Loopholes in Pakistan’s justice system

0
85
Shuab Ahmed : The Writer is the Law student. He can be reached at: shoaibahmedbehan69@gmail.com

The justice system is primary organ of a state. It’s a doctrine of fairness and equity which ensures the rights of an individual that state owes to fulfill. Legal system of Pakistan (derived from British law) is one of the best legal systems in the world but unfortunately its implementation i.e. the justice system has not been observed as much effective.
An independent justice system certifies the rule of law which is available to all citizens but Pakistan is failed to certify the ruleof law due to some defects in justice system. According to the last report of Law and JusticeCommission of Pakistan there are 2.144 million cases pending before lower and superior court while many cases are filed day by day. The World Justice Project issues the report on the basis of impartial justice, fundamental rights, open government, enforcement of civil and criminal justice, security, and absence of corruption, the Pakistan has ranked on 130th out of 139 nations in therule of law and justice.
Pakistan’s justice system is not properly accessible, affordable, effectively free of discrimination, free from corruption, free of improper government influence, free from unreasonable delays, timely adjudicated due to social and economic positions of people, corruption, nepotism, lack of legislation and endangered of lawyers and judges.
People of Pakistan do not approach to the court due to their weak social and economic positions, they do not file a case because of their reputation, honor and attitude. Recently the Women, Peace and Security Index reported that Pakistan is ranked 164 out of 167 countries on numberof unreported and unprosecuted cases. Many people approach the Jirga system rather than court of law.
According toWJP, the 82 percent of people are facing legal problems in Pakistan due to the health, financial and personal matters. The constant poverty and expensive justice system leads people to quit the struggle in their cases. Another factor is the lawyers demanding high fees or if they demand low fees than they intentionally prolong the case tocollect the small amount of prices in their each hearing.
Systematic corruption is the biggest problem faced by Pakistan due to this Pakistan hasranked 130 out of 180 countries by Transparency International Corruption Perception Index. TheLaw Reform Commission Pakistan has revealed that police is the main area for the corruption.
A FIR is not registered or even if it is registered than the FIR has no any sufficient effectunless the complainant gives a handsome gratification to officer of the station. Most of subordinate officers and investigator officers is uncontrollable and that no any action is takenby them unless the parties itself approach them.
The usage of nepotism is also an issue; people take advantages from law houses of their relatives of judges. While in India, Rule 6 of The Advocate Act 1961 states that no relative of a judge can practice, where that judge is serving. Such nepotism also use at the time of appointment and extension of judges by not looking to their competence and merit. Moreover, due to nepotism the fresh lawyers also face the difficulty as the existing lawyers favor their relatives rather than they look to their knowledge. Moreover, our legal system does not curtail socialevils because the lawyers and judges give extra preference to exact letters of law rather than the purpose behind the law. There is also lack of legislation comparing to the modern requirements and laws are outdated with poor evidence. In the Malala’s case the accused were acquitted on basis of doubt and lack of evidence.
Another alarming issue regarding justice system is the security of lawyers and judges is endangered especially in the case against any terrorist or extremist group. An explicit example of such security threat is “Quetta Masscare” i.e. Murder of Bilal Kasi, president of Balochistan Bar Council, by Jamat ul Ahrar, in August 2016. When his body was sent to a local hospital a suicide bomber targeted all lawyers, who had come to the hospital, regardless of what kind of cases they handled.
From above all, we have concluded that the justice system plays an essential role for smooth running of any state and we have examine that Pakistan’s justice system is not working properly due to some hurdlesin system, but it can be improve by fulfill some steps.
The government should enact new laws and amend existing laws. The judiciary, as a public service body, receives funds from public funds, therefore, there must be transparency in use of such funds. For smooth running of system the government must make some rules to remove defects like nepotism and there must have a proper check and balance on justice system.