School of Social Sciences & Humanities (S3H) Department of Law Lert Submitted by Noor Fatima: 367627 Momna Hassan: 372948 Rohama Sadagat: 388204 Submitted to Sir Fazeel Hyder Chohan Date: 5th May, 2024 CONTEMPORARY CHALLENGES OF PAKISTAN CRIMINAL LAW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’. (Ali, 2015, 26) “Compared to those nations who are resolute and don't compromise when it comes to enforcing the law, those that are stil hesitant to do so are far behind”. (Beatty, 2004) 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 fair and timely justice, and grave shortcomings still negatively impact the lives of Pakistani residents. This assignment'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 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 concems, parliament created statutory legislation, The FIA, NAB, and Anti-Corruption statutes were implemented to combat colour 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 offences 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”. (Soomro & Waseem, 2023)CONTEMPORARY CHALLENGES: In terms of procedure, the application of criminal law in Pakistan to administer 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 fling 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’. (Overview of Criminal Justice ‘System (CJS) in Pakistan, n.d.) 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 organisations 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-bom 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. (Tajamal, 2023) 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. ("This Crooked System’: Police Abuse and Reform in Pakistan | HRW, 2016) 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. (Expediting Trial Proceedings - PKLIC 60, n.4.) 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 adjournment, 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: (Delays and Lapses in Pakistan's Criminal Justice System, 2016) 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. Furthermore issues, such as the death 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 ow 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 stil 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 Gitizen-oriented, public information centres, 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 endeavour 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”. (Reforming Pakistan's Criminal Justice System, 2010) Many suspects of terrorism are also held in jails, where abuse and extrajudicial killings are rampant. In the context of prisons, itis imperative to discuss other marginalised 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 thom, the study said. These kids should only be five years old, yet soveral 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." (Pakistan: Poor Conditions Rife in Women's Prisons, 2020) 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”. (‘Drugs Prisons and HIV,” 2017) Furthermore, inadequate rehabilitation programs and lack of specialised 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 fal to do so, leading to a low-quality system, The law restricts probation, {or 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 Intemational, ‘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 taining, 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 modem 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 Shan’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”. (Kakar, 2023). On the other hand, the UK's legal framework is based on a combination of statute law, common law, and EU law. With Broxit, 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’ in Lahore highlight the persistence needed to seek justice through the court system, emphasising the importance of principles like justice, faimess, 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 Nageebullah 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 organisation 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 Rv 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 faimess, itis suggested to reorganise 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. CRITIQUE OF PREVAILING LAW: ‘The criminal justice system in Pakistan is structured around long standing laws such as the Code of Criminal Procedure (CrPC) and the Pakistan Penal Code (PPC), primarily, and other minor acts ike Hudood Ordinances, Anti Terrorism Act, PECA and Control of Narcotic Substances etc. Recent reforms seek to enhance efficiency and faimess, yet persistent problems significantly affect the effectiveness of the legal system and laws need to evolve according to the needs of the people. The procedural foundation of Pakistan's criminal justice system relies on the CrPC. Criminal proceedings in Pakistan are plagued with the issue of ‘delay in justice”; to the point that the citizens find it easier to not seek judicial recourse for the injustices that they are faced with. “Study reveals that there are certain loopholes in the criminal justice system of Pakistan, which may cause delays in dispensing speedy justice by ordinary courts. It requires that deficiencies be fixed positively in the criminal justice system of the eighteenth century to provide expeditious and enduring solutions within the ambit of the Constitution’. (Hussain, nd) In addition to a CrP not being a foolproof procedural law, there are no mechanisms to make sure that the relevant authorities go through with the procedure, prescribed in the law. “The police are responsible for causing a delay in registering FiRs*. (Arshad, 2017) “it does not lodge FIR simply for the reason that no such occurrence took place, and litigants have to resort fo other remedies, which causes an increase in pendency. The right direction for police is to record statement U/S 154 of CRPC, and if found false during theinvestigation, proceed with U/S 182 of CRPC. If this practice is adhered to, it will demoralise the false litigation and minimise the burden on Courts”. (Soomro & Waseem, 2023) (Alam, n.d.) "investigation officers do not adhere to provisions of Section 172 CRPC, by Which investigation officers are required to incorporate their daily proceedings in the investigation of a case”. (Soomro & Waseem, 2023) All of these reasons result in an utter procedural failure of the criminal justice system of Pakistan, PPC being the major substantial law governing the criminal legal regime of Pakistan needs to be dynamic and ever evolving to cater to the needs of the changing society and cover the ever changing and complex crime mechanisms. But very litle change has been made to this, law and centuries old law still governs our problems. Moreover, the law was made during the colonial regime by the British rulers of the time who made the laws not to help the locals but to rule over them. Due to these reasons the law requires major reforms for it to become relevant for the people in the same way as law is relevant for people in countries where the “rule of law’ strives “The persistence of colonial laws, originally designed to oppress, continued to exert harm. These legal vestiges can jeopardise the rule of law, causing delays in policy implementation and unjust outcomes’. (Decolonization of the Legal Code: The End of Colonial Laws in Rwanda and a Model for Other Post-Colonial Societies, 2021) Other than these major chunks of law, other laws like PECA, Hudood Ordinances and Anti Terrorism Act etc are also often met with criticism all across the board. ‘The criticisms lodged at PECA often cite its potential to limit the citizens right to free speech, thus acting contrary to the principles of democracy. “Since its enactment, the PECA has proved to be a tool for the authonties to curb online freedom of expression”. (Alam, n.d.) “Digital media freedoms were threatened in particular by the federal government's move to enforce controversial and restrictive rules to regulate online content under PECA.” (Rehmat, 2021) Furthermore, Hudood Ordinances remain since their promulgation til date one of the most controversial laws in the state, attracting criticism not only from within the state but also from all over the world. “The Hudood laws rendered most sexual assault victims unable to seek redress through the criminal justice system, deeming them guilty of illegal sex rather than victims of unlawful violence or abuse”. (Pakistan: Proposed Reforms to Hudood Laws Fall Short, 2008) Moreover the Hudood laws are also deemed to be in direct defiance of the international obligations that Pakistan is to fulfil under different treaties it has ratified. "Human Rights Watch said that Pakistan should ensure that it complies with its obligations under the Convention on the Elimination of Discrimination Against Women, which calls on states to modify or abolish laws that discriminate against women’. (Pakistan: Proposed Reforms to Hudood Laws Fall Short, 2006) Similar criticisms are made against laws governing recording of evidence for cases, specifically the ones that treat women and men differently. Human Rights Watch called on Pakistan to adopt rules of evidence that give equal weight to testimony given by men and women’. (Pakistan: Proposed Reforms to Hudood Laws Fall Short, 2008) Ina similar way the Anti Terrorism Act is also deemed fundamentally flawed and prone to being misused against the citizens. Cntics of the Anti-Terrorism Act 1997 have raised concerns about its potential misuse by law enforcement agencies and the violation of fundamental rights and freedoms, such as the right to a fair trial and due process. (Leghari, nd.)PROPOSED REFORM ‘The first significant area of change focuses on updating and expanding the current legal structures. Itis imperative that the Pakistan Penal Code and the Code of Criminal Procedure be amended to include new categories of crimes including financial fraud and cybercrimes. This change is required to ensure that the judicial system can effectively discourage and handle the complexities of contemporary crimes by updating obsolete law definitions and sanctions. Furthermore, itis suggested that comprehensive data protection regulations be passed in order to secure private data, improve confidence in online transactions, and stop cybercrimes. ‘The strengthening of judicial resources and capacity is another important reform. This comprises laws designed to enhance the court system's facilities and technology capabilities, as well as the number of judges. It is anticipated that these enhancements will manage cases more effectively and shorten courtroom delays. Mandatory deadlines for case resolutions would also guarantee prompt justice and impose accountability, keeping cases from lingering in the system. Standardising law enforcement training across all provinces is another reform idea. In order to promote professionalism and nondiscrimination, a single national strategy for police training would guarantee that all officers receive consistent training in human rights, contemporary policing practices, and sensitivity. Itis also recommended that an impartial organisation be established to supervise police activities and carry out routine audits in order to uphold high standards of accountability and integrity throughout the nation. Important changes are also recommended to improve vulnerable groups’ protection. This entails strengthening legislation pertaining to sexual harassment, domestic abuse, and crimes against minors in addition to putting policies in place to safeguard victims and witnesses throughout legal proceedings. The goal of these changes is to guarantee that the judicial system offers sufficient defence and prompt justice in delicate situations. Finally, a key component of the suggested reforms is the promotion of the adoption of global best practices and standards. To guarantee a more equitable and efficient system, this entails bringing Pakistan's criminal justice system into compliance with international human rights principles and operational norms. Integrating international standards wil strengthen public confidence, enable more effective handling of intricate and worldwide crimes, and improve protection for all individuals, especially those who are most vulnerable. BIBLIOGRAPH' ‘Alam, M. A. (n.d.). PAKISTAN’S PECA PROBLEM: CURBING SPEECH, NOT CRIME. iradapk.org. Ali, S. H. (2015). An Analytical Study of Criminal Justice System of Pakistan. Journal of Polltical Studies, PU, 22(1), 26https:lipu.edu pk/images/journal/pols/pdtfiles/2%20-%20SARDAR%20ALI'%20HAMZ A_22.2015.paf ‘Arshad, S. J. 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