THE paradox for Pakistan’s prosecutors is that they have the power to obstruct, but not enough to resolve. Former Supreme Court justice Athar Minallah has regretted the dearth of competence and integrity in criminal probes and prosecutions. In the detailed verdict on a double murder case, issued prior to his resignation, the judge not only questioned the legitimacy of judicial confessions to convict the accused but also held that appellants are “entitled to the benefit of doubt”. This again confirms that the dismal state of legal proceedings in Pakistan is the primary reason for congested registers. Currently, over 2.2m cases are pending in courts across the country. This figure represents more than just volume. It is a reflection of disputes held hostage to uncertainty due to inefficiencies at the lower levels of the justice system and missing structural reforms.

We cannot continue with this dysfunction. The prosecution’s failure sets the guilty free, to the detriment of society. Resolute action to establish a judicial system that serves citizens without discrimination is vital. Global experts say that among the most significant performance markers of a criminal justice system is the conviction rate. This ruling is not the first to point out how the prosecution’s inability to establish guilt impedes prevention and control of crime. Complacency is not an option as wrongful acquittals foster impunity, erode public trust and stifle economic progress as investments stay away from unsafe societies. Besides, corruption in police, the judiciary and bureaucracy ensures freedom for the perpetrators. Only autonomy, databanks, training, upgraded forensics departments and improved incentives for state prosecutors will improve conviction rates and fix the crisis. Penalties should also be imposed on parties causing needless delays to limit pendency. Pushback must rise from every section for a progressive approach to law, such as restorative justice. At the moment, public safety hangs in the balance.

Published in Dawn, November 24th, 2025