INTRODUCTION:

Jurists have established the fundamental tenet that the law is blind in and of itself. Justice is a
virtue that is essential to society and a country, adding value to its members and ensuring that its
impartiality and enforcement will uphold human prosperity and dignity. (Hamza Ali, 2015)
Hamza Ali, S. (2015). An Analytical Study of Criminal Justice System of Pakistan (with special
reference to the Province of Punjab). Journal of Political Studies, 22(1), 42.
http://pu.edu.pk/images/journal/pols/pdf-files/2 - SARDAR ALI HAMZA_22_2015.pdf
Compared to those nations who are resolute and don't compromise when it comes to enforcing
the law, those that are still hesitant to do so are far behind (Beatty, 2010). Beatty, D. M. (2010).
The Ultimate Rule of Law. In The Ultimate Rule of Law. Oxford online edition.
https://doi.org/10.1093/acprof:oso/9780199269808.001.0001

None is above the law, but in third-world nations like Pakistan, where tyranny masquerading as
pseudo-democracy is the norm, powerful leaders appear above the law, and institutions like the
judiciary take a tolerant and forgiving stance rather than making decisions based on the law and
facts. The Constitution of Pakistan in its Article 37(d) states that in order to promote social
justice and put an end to social problems, the state must administer fair and prompt justice.
However, the issue is, do they? The criminal justice system in Pakistan has always generated
discussion and contention. It has been plagued for a very long time by several problems and
difficulties. Significant judicial and legislative changes have not been able to give victims of
crimes with fair and timely justice, and grave shortcomings still negatively impact the lives of
Pakistani residents. This article's goals are to list the system's shortcomings and provide suitable
reformation techniques, while briefly discussing its history.

HISTORICAL BACKGROUND:

Following the subcontinent's prompt partition while maintaining its urgency to manage state
affairs, Pakistan adopted the former British Empire's criminal justice system, believing that once
the nation drafted its Constitution, the criminal justice system's revamp would be executed out in
accordance with both the substance and the letter of the constitution (Spano, 2021). The rule of
law as the lodestar of the European Convention on Human Rights: The
Strasbourg Court and the Independence of the judiciary.
https://revistas.uned.es/index.php/derechopolitico/article/view/32222

The statutes remain in effect 75 years later, although with a few slight alterations. Legislators are
unwilling or unable to significantly alter the criminal justice system in the aftermath of the
digital era, which has completely transformed the nature of crimes and evidence. As a result, the
Judiciary is stuck with these rules. Since the country's inception, no significant changes have
been made in the PPC (Pakistan Penal Code), CRPC (Criminal Procedure Code), or Civil
Procedure Code, except in the law of evidence. Qanoon Shahadat 1984 included all provisions
from the Quran and Sunnah. However, to address the people's concerns, parliament created
statutory legislation. The FIA, NAB, and Anti-Corruption statutes were implemented to combat
color crime and prevent government personnel from engaging in corrupt practices. The purpose
of the Terrorism Act was to restrict the activities of terrorists, and trials are held within prison
facilities. In order to undertake an investigation and prosecute any offenses connected to or
related to intoxicants, narcotics, and precursors, the Control of Substance Act was passed. The
purpose of cybercrime legislation is to regulate and prevent cybercrime. The existence of the rule
of law is contingent upon a robust criminal justice system in every state and a way to ensure that
justice is distributed while also granting social and political sovereignty to citizens and holding
offenders accountable. Therefore, the current legislation in Pakistan needs to be revised, and all
pertinent parties should be invited to agree on proposals and seminars.
https://www.researchgate.net/publication/375074742_Criminal_Justice_System_and_Reforms_i
n_Pakistan

CONTEMPORARY CHALLENGES:
In terms of procedure, the application of criminal law in Pakistan to the administrate justice
generally consists of three stages: police investigation, court trial, and jail administration
carrying out the decision of the court. The Code of Criminal Procedure 1898 (CrPC) governs the
process of a criminal trial. In accordance with the procedures outlined in Section 154 of the
CrPC, the procedure is initiated by submitting a first information report (FIR). An officer then
conducts an investigation and submits a report (also known as a final report, or chalan) to the
appropriate magistrate and/or sessions judge. The Court begins trial processes, including the
filing of charges and the prosecution's participation, after receiving the final report. The Pakistan
Penal Code 1860 (PPC) would be cited by the court after the trial to determine the appropriate
sentence, if any. https://rsilpak.org/resource-bank-pakistans-criminal-justice-system/overview-
of-criminal-justice-system-cjs-in-pakistan/

The problem's essence must now be understood in order to be solved. Police, courts, jails,
probation and parole, and prosecution are the five divisions that make up Pakistan's criminal
justice system. A robust and effective criminal justice system depends on all of its parts
functioning together. Pakistan's criminal justice system is severely lacking in effectiveness due to
a multitude of issues. All of the criminal justice system's units can be held individually
responsible for these issues. The next sections of this brief will address a handful of such issues:

POLICE:

The law enforcement structure in Pakistan consists of federal and provincial police forces.
However, they struggle with resource shortages, limited equipment, and substandard training,
leading to a lack of capacity in investigating cases. There are multiple uncoordinated police
organizations at the federal level, with insufficient manpower given Pakistan's population. The
provincial police forces are managed by the federal government, leading to hierarchical issues
and lack of resources sharing. Political interference in police operations is common, resulting in
abuse of power, extrajudicial killings, and arbitrary detentions. After the subcontinent was
divided, the colonial rulers were "replaced by the elites of the new-born country, and the police
remained unsuccessful — or perhaps, more accurately, uninterested — in fulfilling any kind of
service role and, often, in providing even a minimal sense of security or protection for ordinary
people," according to Kabsha Tajamal. The ordinary public and the police continued to be at
odds because post-independence elites were able to successfully seize control of the police.
https://leappakistan.com/key-issues-in-the-criminal-justice-sector-of-pakistan/

The police are often not held accountable for their actions, contributing to human rights
violations. Human Rights Watch reports that several police personnel revealed the existence of a
widespread practice known as "false or fake encounter killings," in which law enforcement
authorities fabricate an encounter in order to carry out the execution of an individual who has
already been placed under arrest. Human Rights Watch, “This Crooked System” (HRW, 26
September 2016) <https://www.hrw.org/report/2016/09/27/crooked-system/police-abuse-and-
reform-pakistan> . Detaining people without cause is an additional way to demonstrate complete
control over the populace. The Criminal Procedure Code (1898) allows for "arrest without
warrant" based just on "reasonable suspicion," which facilitates this. Numerous legislations in
the nation, such as the Protection of Pakistan Act (since expired) and the Maintenance of Public
Order Ordinance (1960), follow this pattern. Corruption is also prevalent within the police force,
driven by inadequate pay and poor working conditions. The overall inefficiency of the police
system in Pakistan is exacerbated by a lack of modern technologies and an outdated legal system.

COURTS AND THE PROSECUTION:

Pakistan's judicial system, which is now antiquated and incapable of administering justice,
desperately needs to be strengthened. The Law and Justice Commission of Pakistan revealed
that there were over 1,810,745 open cases in 2018, underscoring the tremendous strain that
unjustifiable delays in the litigation process place on the legal system. Law and Justice
Commission of Pakistan, Expediting Trial Proceedings (Report No. 60)

The system is inefficient due to a number of reasons, such as staff members who are
investigating cases, a lack of cooperation between law enforcement and the public, a lack of
witnesses, and a delay in presenting prisoners before courts. Because judges must handle both
civil and criminal matters without expertise, the non-separation of civil and criminal tasks further
slows down court operations. Trial delays are further exacerbated by unnecessary postponements
and adjournments, which are frequently brought on by the volume of cases. Alternative
techniques, including Alternative Dispute Resolution (ADR), may be able to decrease the
backlog of cases and boost judicial productivity. Action must be taken to prevent delays in the
administration of justice, with an emphasis on reducing litigants' suffering and guaranteeing that
cases are resolved quickly. For ease of access, the Federal Shariat Court, High Courts, and the
Supreme Court of Pakistan should be listed in the data gathering process in a clear and concise
manner, indicating the hierarchical structure of the courts. The given chart below provides an
overview of the primary reasons for adjournments that were determined to be granted:

https://blogs.lse.ac.uk/southasia/2016/12/06/delays-and-lapses-in-pakistans-criminal-justice-
system/

The right to a speedy trial and the right to an efficient remedy through national tribunals are
highlighted in international duties under the International Covenant on Civil and Political
Rights and the Universal Declaration of Human Rights. International Covenant on Civil and
Political Rights, 1966. Universal Declaration of Human Rights 1948
Furthermore issues, such as a dearth of judges, poor conviction rates, and pervasive corruption
are also part of the problem. The number of judges should be increased, the equipment and
facilities of the courts should be improved, judicial personnel should get training, and
accountability and openness should be upheld. Nonetheless, conviction rates are still low due to
corruption that affects court personnel as well as the prosecution. According to Transparency
International, Pakistan's most corrupt institutions include the police and judiciary.
Higher courts get sufficient funds, but their performance is still below average because of
military and political interference, as well as antiquated laws that impede advancement. The
complicated regulations that regulate the courts and their lack of independence both contribute to
the judicial system's dysfunction. In an attempt to make the court system more citizen-oriented,
public information centers, websites, and yearly performance reports are being used. However,
greater contact between the public and the judiciary is required in order to foster confidence.
Overall, there has to be a concentrated effort to address the problems of corruption, a shortage of
judges, poor conviction rates, and out-of-date laws in order to improve the situation in the
Pakistani legal system. To win back the public's faith, the court must endeavor to restore its
independence and uphold accountability, transparency, and openness. In order to increase the
general people's understanding and accessibility to the judicial system, proactive outreach and
public participation programs are required. The Pakistani legal system may gradually strive
toward better performance and the administration of justice by tackling these issues.

PRISONS:
The prisons in Pakistan are facing severe issues due to corruption, overcrowding, and poor
management. The International Crisis Group reported that there are almost 33,000 more
prisoners in the system than the allowed capacity, with 65% still awaiting trial. International
Crisis Group, Reforming Pakistan’s Criminal Justice System (Report No. 196)

Many suspects of terrorism are also held in jails, where abuse and extrajudicial killings are
rampant. In the context of prisons, it is imperative to discuss other marginalized groups, such as
women. The Human Rights Ministry of Pakistan issued a study in 2020 detailing the difficulties
faced by female inmates. The study was titled "Women's Predicament in Pakistani Prisons."
The investigation concluded that the rules protecting women in jail are often disregarded by the
authorities, in addition to establishing that Pakistani legislation pertaining to prisons fall short of
international norms. In addition, more than three hundred women were imprisoned outside of
their regions, making it very difficult for their relatives to see them. There were only twenty-four
full-time female health care workers in the nation who could provide treatment to inmate
females. One hundred and thirty-four mothers had their children with them, the study said. These
kids should only be five years old, yet several nine- or ten-year-old kids were also going with
their moms. A realistic projection of the number of minors incarcerated in 2020 was close to 175
thousand. Human Rights Watch claims that: "Pakistan needs comprehensive prison reform
immediately, with a special emphasis on the rights of women, children, and prisoners who pose a
risk to public safety." Human Rights Watch, ‘Pakistan: Poor Conditions Rife in Women’s
Prisons’ (7 September 2020) <https://www.hrw.org/news/2020/09/07/pakistan-poor-conditions-
rife-womens-prisons> accessed 17 July 2021

In addition to this, drug abuse is widespread in prisons. An evaluation of injectable drug users in
four distinct cities of Punjab revealed that almost 80% of them had served time in jail or prison.
Approximately 56% of those 80% who were in detention used narcotics. Approximately 70% of
those 56% were injecting drug users. According to different research, out of five thousand
prisoners housed in the prisons in Lahore, one hundred of them had HIV, which, if untreated, can
result in AIDS. Faryal Sajjad, ‘Drugs, prions and HIV’ DAWN (6 November 2017)

Furthermore, inadequate rehabilitation programs and lack of specialized staff further hinder the
process of helping inmates reintegrate into society. Bail laws and judicial reluctance to grant
release exacerbate the issue of overcrowding in prisons. Urgent reforms are needed to address
these issues and ensure a functioning justice system in Pakistan.

PROBATION AND PAROLE:

In Pakistan, probation and parole are used as alternatives to imprisonment, but the system is not
functioning efficiently due to poor framework, lack of resources, and bureaucratic issues.
Probation officers are supposed to monitor and help rehabilitate released individuals, but courts
often grant probation without proper assessments. Case Committees are supposed to meet
regularly but fail to do so, leading to a low-quality system. The law restricts probation for those
who have committed heinous crimes, with females more likely to be granted probation than
males. Laws regarding parole also need reform, as they restrict individuals from meeting their
families for the first 6 months and require them to work far from their homes. The inadequate

funding allocated to the probation and parole departments in comparison to the prison system
reflects a focus on imprisonment rather than rehabilitation. Building up the probation and parole
system is crucial for strengthening the overall criminal justice system in Pakistan, especially for
the welfare of children who are at risk in detention facilities. The Law and Justice Commission
of Pakistan identified 138 reforms for the criminal justice system, but only 35 were
implemented. Penal Reform International, ‘Probation and parole system in Pakistan: Assessment
and recommendations for reform’ (2013) Lack of funding and manpower has led to a decrease in
parole releases, as monitoring is difficult. There is a shortage of offices for officers to supervise
convicts, and no standard operating procedures are in place, reducing efficiency. The parole
system is less developed than probation due to fewer officers and limited prison visits. Improved
communication with prison officials and regular reports on potential parolees could enhance the
system. Probation and parole systems in Pakistan lag behind in training, human resource
management, and data collection. Lack of awareness among lawyers, the public, and limited
coordination with the police and courts contribute to the systems' shortcomings. The criminal
justice system in Pakistan requires extensive reforms to progress. Personnel training, combatting
corruption, increasing transparency, coordinating sector operations, efficient resource
management, adopting modern technologies, expediting case resolutions, conducting research,
focusing on rehabilitation, and ensuring equity and justice are essential. Emphasis on human
rights and international standards is necessary for the system's advancement.

COMPARATIVE ANALYSIS ON THE CRIMINAL JUSTICE SYSTEM OF UK AND

PAKISTAN:

A comparison of the criminal justice systems in Pakistan and the UK reveals key differences in
their legal frameworks, procedures, and effectiveness. In Pakistan, the legal system is rooted in
Shari’ah principles, making it the supreme law of the land. However, there are inconsistencies
and violations of Shari’ah principles and international human rights documents, leading to cases
like the blasphemy case of Asia Bibi and the Panama Papers case involving former Prime
Minister Nawaz Sharif. These cases highlight the challenges and flaws within Pakistan’s legal
system.
M. S. (2022). Dissecting the Asia Bibi Case: A Critical Analysis of Blasphemy Law in Pakistan.
J. Int'l L. Islamic L., 18, 66.

Gohar, S., Khan, Y., & Noareen, S. (2022). Panama Leaks Case, 2016.
On the other hand, the UK’s legal framework is based on a combination of statute law, common
law, and EU law. With Brexit, there have been adjustments to align with international standards
and societal values. Recent cases, such as the Uber employment rights case, demonstrate how the
UK courts adapt old principles to new situations and provide justice for workers in the gig
economy. These cases also underline the need for updated regulations to address changing trends
in the workforce. The independence of the judiciary is another significant aspect where Pakistan
faces challenges, with varying opinions on its relationship with the government and legislature.
Cases like Khadijah Siddiqi’s in Lahore highlight the persistence needed to seek justice through
the court system, emphasizing the importance of principles like justice, fairness, and the rule of
law in society. However, corruption within the Pakistan police force has eroded trust in the
justice system, as seen in cases like the killing of Naqeebullah Mehsud, who, in 2018, was slain
by police in Karachi while working as a male model. Some individuals think that high
management officials, who had not discovered any connection between Naqeebullah and terrorist
activity, purposefully staged his death to look like a terrorist attack. Therefore, some changes
pertaining to convenient judicial access and the cessation of senseless executions are required.
Secondly, it illustrates the structure and organization of Pakistani police departments. Reforms
are needed to ensure accountability and prevent abuses of power within the police force.
In contrast, the UK police forces operate under strict accountability measures, with supervisory
bodies overseeing their actions. Laws require transparency and independent audits to verify the
work of police officers. Court rulings, such as R v Chief Constable Greater Manchester Police,
(UKHL 47 2008) provide guidelines for investigating allegations against police officers,
ensuring accountability and adherence to legal protocols. Overall, it was found that the UK's
judicial procedures are more effective compared to Pakistan's due to issues like corruption,
delays, and poor infrastructure in the latter. To improve efficiency and fairness, it is suggested to
reorganize institutions, establish strong legal frameworks, allocate more resources, and hold
police officers accountable for their actions. Additionally, enhancing legal education may play a
crucial role in prosecuting offenders in the future.