Overhauling justice

Weak prosecution in trial courts has resulted in acquittal of suspects

The capital city of Islamabad is currently grappling with a staggering backlog of over 18,000 criminal cases, a situation exacerbated by antiquated laws. As per court statistics, the Sessions Division West of Islamabad is burdened with 9,369 pending criminal cases, while the Sessions Division East faces 8,660 cases, bringing the total pendency to 18,029.

Shockingly, weak prosecution in trial courts has resulted in the acquittal of suspects. Of particular concern is the distressing acquittal rate in rape cases, where over 80% of suspects evade punishment due to flawed investigations, weak prosecutions and out-of-court settlements. This is not just a legal and systemic concern but must be considered as a denial of justice to victims. Legal experts have highlighted the detrimental impact of centuries-old laws on investigations, prosecutions and court proceedings. Both the Supreme Court and the Islamabad High Court have consistently pointed out systemic failures, even in high-profile cases, calling for the urgent need to overhaul laws, optimise human resources and embrace technological advancements. The court’s nod towards virtual courts and the utilisation of information and communication technology signify a potential revolution in the justice system. But the outdated Criminal Procedure Code, framed almost 140 years ago, stands as a barrier to progress and impedes the delivery of justice. This ultimately undermines public trust and erodes confidence in the efficacy of the legal system.

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To strengthen Islamabad’s legal system and improve the delivery of justice, Pakistan should embark on a comprehensive reform agenda. Legislative overhauls are crucial, involving a thorough review of existing laws to align them with modern needs. Investing in technology, such as case management systems and virtual courtrooms, can streamline the legal process, enhancing efficiency and transparency. These are viable starting points that can help push serious reforms and expedite pending cases.

Published in The Express Tribune, October 21^st, 2023.

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