JUSTICE delayed is justice denied. This maxim encapsulates all that is amiss with Pakistan’s dysfunctional criminal justice system viewed as archaic and desperately in need of restructuring. However, failure to resolve flaws within our justice system has not only undermined state authority, it has also deprived citizens of their right to protection. In discharging its responsibilities under the National Action Plan, the Khyber Pakhtunkhwa government has taken an exemplary lead by drawing up plans aimed at police and prison reform, as well as stronger investigations, prosecution and judiciary services. In a 77-page document, the authorities concede that delays, costs and corruption have allowed illegal parallel ‘justice’ mechanisms to thrive unchecked — in particular those administered by militant groups that flout basic human rights tenets and perpetuate extremist ideologies. The challenge is expensive, and delayed justice is seen in the backlog of court cases, especially those in district courts countrywide. For instance, 193,467 criminal cases are pending before KP’s district judiciary since June 2017 denoting more than a three-fold increase over the past two years. The inability of the justice system to keep up with litigation demands makes the case for reforming district-level judiciaries, eliminating corruption from the bench and improving the competency of judges more urgent. And because most litigants deal with the lower courts, pending cases at this level should be disposed swiftly. The KP reforms report suggests changes to the Criminal Procedure Code and KP Police Act, 2017. Recommendations include increasing case investigation time frames to 30 days and the establishment of safety commissions and complaint resolution authorities to check police excesses. Measures such as witness-protection programmes and an amendment to the Evidence Act requiring investigators to incorporate scientific methods and data must also be considered by the other provinces.

When the innocent are punished and jailed instead of the guilty; and when the police as an institution have a reputation for incompetence and highhandedness, legal reform is the only way to strengthen political rights and civil liberties. Experts estimate it takes between 20 to 30 years to resolve a moderately complex civil suit through litigation, implying that judges are overburdened and prefer to adjourn cases instead of conducting lengthy hearings. Indeed, reforming court functions is essential, but unless other actors in the judicial system — lawyers, state counsels and prosecutors, and police — are simultaneously transformed and their performance improved, the overall impact will be negligible.

Published in Dawn, January 15th, 2018