POST-colonial societies interpret the criminal justice system narrowly; developed democracies are more flexible. Traditionally, CJS consists of police, prosecution and prison. In modern states, community policing, restorative justice, NGOs, donors, and civil society are gaining more prominence within CJS. In Pakistan, the police, prosecution, prison, probation and parole systems are CJS components, main­­ly under provincial jurisdiction. Post-devo­lution, CJS reform has seen isolated initiatives — some (such as Police Order 2002) have seen reversals and amendments.

In colonial societies, victims are often caught between criminals and CJS. Before deep reform, obstacles must be identified. Articles 10-A and 37 guarantee the right to a fair trial, due process, and inexpensive justice. Point 20 of the National Action Plan and 12 of the revised NAP aim to revamp CJS, but need coordination. In Rule of Law Index 2024, out of 142 states, we rank 129th — 98th in criminal justice, 128th in civil justice, and 140th in order and security.

False/ exaggerated FIRs and witness non-cooperation burden CJS. Usually, investigators follow the FIR version, but this does not facilitate the judges; instead it creates ambiguity. Investigators must be trained to proceed based not only on complaints’ content and witnesses’ version but also technical evidence, forensic support, and law and procedure. Corruption, lack of will, dysfunctional complaint authorities, weak coordination, etc, obstruct reforms.

Almost all components operate in isolation. Prosecution was once part of police organisation. There were calls for separating prosecution from police. It was expected to improve the quality of justice and public service delivery. It is time to assess the impact of separation of prosecution on conviction and public service delivery as well as of operations and investigation.

Almost all CJS components operate in isolation.

The idea of criminal justice coordinating councils in the 1970s lacked structural guidelines and a proper hierarchy. Under Article 109 of Police Order 2002, a seven-member district Criminal Justice Coordination Committee was envisioned to improve coordination and trust in CJS. The CJCC is headed by a district and sessions judge and meant to improve investigation quality and conviction rates. Sometimes, it intrudes into administrative dynamics; so it is inevitable that CJCC be restricted to its mandate. In districts where anti-terrorism courts operate, ATC judges should be associated with CJCCs to improve investigation and prosecution for better conviction rates in terrorism cases. Outdated laws like the CrPC and CPC hamper CJS, and despite amendments are not in step with changing legal and societal developments.

Some cultural norms and attitudes, such as carrying arms and making offences compoundable, create obstacles. Resource constraints limit the CJS capacity to respond. Fewer finances for technology, training, and infrastructure undermines CJS, especially with militants and criminals equipped with the latest arms and gadgets. The Law and Justice Commission report (July-December 2023) said there were 2.6 million pending court cases — 82 per cent in district courts, and the remaining in the upper judiciary. This erodes public trust. Inadequate training and resources hamper investigation and prosecution. Corruption and external influence compromise CJS integrity.

Lack of alternative dispute resolution mechanisms means overburdened courts. KP created dispute resolution councils, which have been key to reducing crimes and the CJS burden. Peace is vital for results but is not possible without a public-friendly CJS. Sadly, instead of introspection, CJS actors often shift the blame to others, making reform difficult. Police Order 2002 provides for public safety commissions, oversight bodies, and complaint authorities. The KP Police Act 2017 introduced the idea of an ‘implementation commission’. However, public oversight remains dysfunctional. To enhance awareness of legislation, online citizen-police academies can improve outreach.

CJS anchors should realise that the system is financed by taxpayers, without whose satisfaction the trust deficit will continue. Increased financing for it will improve the quality of public service and justice. Financing police stations has been neglected for too long. A separate budget for KP police stations is the right step. Improved finances and resources at the police station level will reduce corrupt practices and enhance public service delivery and transparency. Like other institutions, CJS components indulge in self-praise and often manipulate statistics. CJS needs to realise the importance of an integrated outlook based on a diagnostic approach focusing on justice and prioritising victims’ satisfaction.

The writer is author of Pakistan: In Between Extremism and Peace.

X: @alibabakhel

Published in Dawn, March 11th, 2025