Justice delayed

Laws derive their effectiveness from the extent that they serve the purpose of justice. Regrettably, we can say from our experience that justice in Pakistan, especially criminal justice, is a commodity in short supply. We keep on hearing that people are accused of committing crime by their rivals out of vengeance and the former is convicted and he/she is later declared innocent by the superior judiciary but after languishing in prison for years. This runs contrary to the dictum that 99 accused should be set free if there is no solid evidence to prove their guilt but not one innocent person should be convicted wrongfully.

Unfortunately, cases of miscarriage of justice do happen. In a recent such case, a convict/accused has been declared innocent by the Lahore High Court but after having undergone the ordeal of having languished in prison for three years and having spent money on litigation. Justice Chaudhary Aziz acquitted Faizan Ahmed after a 75-minute hearing. Faizan’s case went from court to court for the past three years as the complainant’s lawyers successfully sought adjournment after adjournment of the case. The defendant was a juvenile at the time of his arrest in a murder case and he was sentenced to life imprisonment. His health had worsened in jail as he is suffering from health disorders. The prison authorities confirmed this in a report submitted on November 7, 2018 on the orders of an LHC judge and said such patients could not be kept in jail as they were susceptible to contracting infectious diseases.

One of the reasons for the innocent Faizan having languished in jail is the shortage of judges. Above all, those who spend time in prison even in false cases carry social stigma, which is difficult to erase. The prevailing situation makes a strong case for reform of the justice system, both criminal and civil. The case for reforms is getting stronger with an increase in cases of wrongful conviction.

Published in The Express Tribune, July 4^th, 2021.

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