Is Pakistan’s Criminal Justice System Equipped to Deliver Timely and Fair Justice?

Despite lofty constitutional guarantees and countless reform pledges, Pakistan's criminal justice system remains trapped in a vicious cycle of inefficiency, inequality, and impunity. Indeed, far from being a mechanism to protect citizens and uphold the rule of law, it often serves as a theatre of delay, manipulation, and elite privilege. For instance, whether it is a victim waiting for justice - an under-trial prisoner rotting behind bars without conviction - or a politically motivated case weaponized for vendetta, the system reveals its limitations at every turn. This editorial examines Pakistan's criminal justice system discrepancies and what moving from hollow promises to real-time performance would take.

Before discussing the main argument, it is pertinent to take a cursory look at the background of Pakistan's criminal justice system. To the ordinary citizen, justice in Pakistan is not only elusive, it is expensive, prolonged, and deeply intimidating. Undoubtedly, from the police station to the courtroom, the journey through the criminal justice maze is often fraught with abuse, delays, and extortion. Likewise, this is not merely anecdotal. A vast body of research paints a grim picture - including reports by the Human Rights Commission of Pakistan (HRCP), the Law and Justice Commission, and international watchdogs like Amnesty International.

Furthermore, Pakistan’s criminal justice system comprises four main components: the police, the prosecution, the judiciary, and the correctional system. Sadly, each is plagued with its set of challenges, yet they all converge at a point where justice is routinely denied to the majority, particularly the poor; the marginalized; and the voiceless. So, instead of being a guarantor of justice, the system becomes a vehicle for further victimization. Thus, the constitutional guarantee under Article 10-A, the right to a fair trial, remains more rhetoric than reality.

Jumping straight towards the analysis of the maxim, justice has been delayed in Pakistan, which is evident from the cases discussed below.

First, the most visible symptom of Pakistan's criminal justice system's collapse is the chronic backlog of cases. As per the Law and Justice Commission of Pakistan, over 2 million cases are pending in the courts, and some have been unresolved for decades. Lower courts bear the brunt of the caseload and are critically understaffed and under-resourced. Each civil or session judge has to handle hundreds of cases simultaneously, making expeditious disposal impossible. Moreover, adjournments are routine, often granted for frivolous reasons. Powerful litigants and their lawyers manipulate the system to drag cases endlessly while the weaker party suffers irreparable loss. Hence, justice is hampered in Pakistan due to structural flaws, making delayed justice denied justice reality in the country. 

Second, the police force, which acts as the first responder and primary investigator in criminal matters, remains one of the most maligned and mistrusted institutions in Pakistan. Over the years, the police have become synonymous with torture, corruption, and political influence. And the use of force to extract confessions; the registration of false FIRs; and custodial deaths continue unabated. Furthermore, the police are poorly trained in forensic investigation and modern law enforcement techniques. Most stations operate without digital databases or basic resources. Thus, when the foundation of criminal justice investigation is this weak, the edifice built upon it is bound to crumble in Pakistan.

Third, the prosecution arm meant to independently evaluate cases and pursue justice is often reduced to a clerical wing of the police department. Prosecutors are frequently undertrained, underpaid, and politically beholden. As no institutional autonomy or capacity development program allows them to evolve into an effective force, cases crumble in courts due to insufficient evidence, procedural flaws, and incompetent representation. As a result, the conviction rate in many criminal cases, especially those involving terrorism, rape, or blasphemy allegations, remains abysmally low. For the victims, it is a second injustice; and for the accused, it often means prolonged incarceration without a verdict, making justice a question in Pakistan. 

Fourth, another flaw of Pakistan's criminal justice system is that it bends for the plutocrats while crushing the voiceless poor under its weight. Undeniably, the wealthy can hire top lawyers, influence police investigations, and secure bail within days. The poor, on the other hand, are detained without trial for years simply because they cannot afford a lawyer or pay for bail bonds. According to the HRCP, nearly 68% of prisoners in Pakistan are under trial - most of them from poor backgrounds. In short, the system criminalizes the poor and rewards privilege, a reversal of what justice is meant to do.

Lastly, while much is said about the independence of Pakistan's judiciary, far less is done about its accountability. Superior courts often shield their ranks from scrutiny, and lower courts operate under outdated administrative norms with limited oversight. And judicial performance is rarely evaluated against clear benchmarks. To elaborate, the few existing mechanisms, such as the Supreme Judicial Council, have proven inadequate in holding judges accountable for bias; inefficiency; or corruption. As a result, the judiciary is often seen as aloof, arbitrary, and disconnected from public sentiment. In high-profile political cases, judicial behaviour frequently becomes controversial, perceived right or wrong, as influenced by the establishment or partisan interests, thus eroding public faith in Pakistan and making anarchy its reality. 

However, fixing Pakistan's criminal justice system is not a short-term but a generational undertaking. But specific foundational reforms are indispensable in this regard. 

• Judicial Capacity Enhancement: First and foremost, more judges must be appointed, particularly at Pakistan's lower court level. In this case, case management systems and digital courtrooms can help improve efficiency. Thus, strict limits should be placed on adjournments to discourage frivolous delays.
• Police Reform: Next, depoliticizing Pakistan's police, increasing their salaries, introducing forensic and cybercrime training, and establishing civilian oversight bodies are critical. By doing so, police serve the public, not political patrons.
• Independent Prosecution: Further, Pakistan's prosecution service should be institutionally independent, with its career path; funding; and training systems. Hence, this would ensure better coordination with investigators and improve trial outcomes.
• Access to Legal Aid: Additionally, public defenders and state-funded legal aid systems must be institutionalized to protect the rights of underprivileged defendants.
• Accountability and Oversight: Finally, the judiciary and police must be subject to credible oversight. So, judges should be assessed for their conduct, efficiency, and integrity, not their seniority.

Analyzing critically, the real problem is that the system is broken and those in power benefit from its dysfunction. A chaotic, sluggish, and manipulative criminal justice system serves the interests of the elite far more than a clean, efficient one would. For them, the status quo is not a failure but a feature. The powerful fear reform because a truly fair and independent justice system would eventually hold them accountable. Until this dynamic changes, every reform initiative, no matter how well-intentioned, is likely to falter.

To sum up the whole debate, Pakistan's criminal justice system, in its current form, cannot be trusted to deliver either timely or fair justice. It is not just overburdened or inefficient; it is structurally unjust. Woefully, it punishes the weak and protects the powerful. It is manipulated by political forces, undermined by institutional decay, and corrupted by elite capture. Thus, for the nation founded on the promise of equality and justice, this status quo is a betrayal. But it is not irreversible. The road to reform is long, but it must begin with honesty about the scale of the crisis and the depth of the rot. Only then can Pakistan build an efficient and equitable justice system that serves the people, not power.

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