Our judicial system remains inclined towards passing verdicts based on evidence gathered through unscientific methods
MIRPURKHAS: Reforming the criminal justice system does not appear to be a priority for our leaders. While it is an established practice globally to employ scientific methods to investigate and prosecute cases, the judicial system in our country remains inclined towards passing verdicts on the basis of evidence that, in most cases, is gathered through unscientific and rather questionable methods. This often results in long delays and procrastinations in some cases, and the miscarriage of justice. It is the ordinary citizens who suffer as a result. The fact that the state is currently waging a war against antisocial elements to establish peace in the country should be enough to move decision-makers to take some serious corrective measures to address the loopholes of our judicial system.
The factors that hinder the dispensing of justice include poor coordination between prosecutors and investigation agencies, lack of protection provided to witnesses, unnecessary political interventions and a heavy load of cases on courts. These factors, among others, often obstruct the timely and requisite delivery of justice. The need for enhancing the capability of investigation and prosecution agencies vis-a-vis offering protection to witnesses has been widely recognised. Laws to establish forensic laboratories for effective investigation as well as witness protection programmes have already been enacted, but their implementation, unfortunately, leaves much to be desired. Witnesses still find themselves insecure and are often ruthlessly killed. On the other hand, we know many such cases in which perpetrators get off scot-free due to lack of substantial evidence. These realities only testify to the fact that our criminal justice system is flawed to the core. So, nothing short of an overhaul is gravely required.
Peace and social stability can be restored only when those who indulge in crimes and violate the law of the land are brought to justice. This is possible only when some of the old habits are shaken off and we switch to scientific methods when it comes to administrating justice. First and foremost, there is a need to realise that extrajudicial methods, such as encounters, are no alternative to an effective judicial system and they cannot ensure long-lasting peace and stability, let alone the fact that they violate fundamental human rights and the concept of due process. Moreover, it must simultaneously be admitted that it is the failure of regular and antiterrorism courts, which has led to the establishment of military courts, but this at best should only be a temporary solution. The sooner we realise the importance of undertaking the task of reforming our judicial system, the better.
Shakeel Ghouri
Published in The Express Tribune, January 26th, 2016.
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