Reforming criminal justice system

Laws are supposed to be organic and must cater to the fundamentals of liberty, emancipation and compassion.

The package of reforms, in the criminal justice system, approved by the Federal Cabinet is a good omen, and it should see the light of the day. Notwithstanding the reservations expressed by the legal fraternity, primarily owing to inadequate consultation with the stakeholders, the same can always be sorted out amicably. But what is indispensable are reforms in the lawfare and judicial domains, and they cannot be left for another day merely for the sake of appeasement. Many of the lawyers and the Bar councils were not in conformity on the elevation of Pakistan’s first female judge, too. But it is a done deal now, as law took its course. Likewise, the government should muster courage and go ahead with implementing an essential part of its manifesto, and at the same time ensure that the legal format changes for the good in public interest. Cumbersome litigation process of ours and a plethora of loopholes have made it a laughing stock, as justice at times is not dispensed even in a lifetime. This certainly has to be addressed with bold and cohesive legislation, as well as stringent implementation by the executive.

A cursory look at the proposed reforms point out that it is a step in the right direction to address public woes. The law ministry’s amendments to the Code of Criminal Procedure (CrPC), the Qanoon-i-Shahadat (law of evidence), the Pakistan Penal Code (PPC) and other relevant laws were much-awaited, as most of them were not only hassle-laden but had also turned irrelevant with the passage of time. Laws are supposed to be organic is the essence of being implemented, and must cater to the fundamentals of liberty, emancipation and compassion in a society. This is where our legal dictum is in stupor, after having failed to address populism under the canons of justice.

The proposed timeline to see completion of criminal trials within nine months is appreciated. Likewise, the room for plea-bargain to shun undesired litigation, either by the prosecution or the defence, and granting legal status to the use of technology and testifying through video-link cannot be brushed aside. It will help in lessening the backlog, and proceeding with new cases in a prompt manner. The fact that condemned crimes pertaining to murder and terrorism are off from such leniency is a legal-correct.

Other salient features that call for slapping heavy fines on frivolous complaints; ensuring strict prosecution of cases involving women and children, making abuse of women and usurping their legal rights a zero-tolerance crime; and upgrading the profile of police stations are indispensable. Similarly, audio-video recording of testimonies, and their verbatim documentation before the competent authority in real-time is essential in a system where evidence is tampered, or even doctored by the prosecution itself. Last but not least, suspension of identity cards and bank accounts of non-responding accused and fugitives is the need of the hour taking into account the defiance in vogue all around. Our criminal justice system is rotten and any amount of reforms — however imperfect they may be — are welcome.

Published in The Express Tribune, January 31^st, 2022.

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