A Nation Trapped in Judicial Paralysis
Pakistan’s judiciary is currently facing a deepening crisis. The ever-increasing judicial delays have rendered the legal system nearly dysfunctional. As a result, this has not only undermined public trust in justice delivery but has also posed a serious threat to the legitimacy of democratic governance. According to official figures, more than two million cases are pending across Pakistan’s subordinate courts. Additionally, there are approximately 300,000 pending cases in the high courts and nearly 56,000 in the Supreme Court. The scale of this backlog is staggering. These delays have caused profound hardship for economically disadvantaged citizens, stifled economic activity by prolonging commercial disputes, and opened the door to corruption and political interference. Therefore, this editorial explores the root causes of judicial delays, the human and economic consequences, recent reform efforts, and the extent to which these changes offer a way forward.
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To understand the depth of this issue, it is essential to examine the foundation of Pakistan’s legal framework. Pakistan’s judicial system is still largely governed by colonial-era laws such as the Code of Civil Procedure 1908 and the Criminal Procedure Code of 1898. Unfortunately, these laws have not been sufficiently updated to address the complexities of modern society. As per the Law and Justice Commission of Pakistan, subordinate courts alone are burdened with over two million cases, which account for more than 80 percent of the total backlog. High courts are managing about 16 percent of the pending caseload while the Supreme Court accounts for the remaining two percent.
Moreover, the backlog at the Supreme Court has grown dramatically. At the end of 2023, the apex court had 55,971 cases pending, which marks a significant increase from just over 20,000 cases a decade ago. This alarming rise reflects the system’s incapacity to handle the growing demand for justice. Islamabad’s sessions courts alone were processing over 18,000 criminal cases, with a staggering acquittal rate of 80 percent in rape trials due to flawed investigations and weak prosecution. Consequently, it becomes evident that Pakistan’s justice system is suffering not from temporary congestion but from a long-standing and systemic failure.
1. Structural Inefficiency and Human Resource Shortages
To begin with, the judiciary's structural limitations have significantly contributed to case backlogs. The subordinate judiciary, which handles the vast majority of cases, remains critically understaffed and poorly resourced. Judges are expected to manage hundreds of cases simultaneously, and court staff are often overwhelmed and undertrained. As a result, delays become inevitable. This situation is worsened by the fact that many courts still rely on outdated manual systems for filing and record keeping, which makes case tracking inefficient and prone to errors.
Furthermore, repeated adjournments, often granted on flimsy grounds, allow litigants and lawyers to manipulate the process. Even specialized courts such as Anti-Terrorism Courts are not immune to these issues. For example, in Sindh alone, more than 1,300 anti-terrorism cases were still awaiting decisions in late 2024. This prompted the Supreme Court to intervene by ordering measures like judge training, online witness testimony, and the expansion of court infrastructure. Nonetheless, unless systemic inefficiencies are addressed, these interventions may remain temporary solutions rather than permanent reforms.
2. Outdated Laws and Procedural Formalism
In addition, Pakistan’s justice system suffers from outdated procedural laws that no longer align with the requirements of a modern legal environment. For instance, reliance on laws like the Civil and Criminal Procedure Codes mentioned earlier promotes procedural rigidity. These laws allow minor technical issues to derail entire cases. Courts often grant adjournments for reasons that do not substantially affect the merits of a case, and appeals drag on for years over technicalities rather than substance.
Moreover, the country’s evidentiary standards remain overly strict and outdated. The Qanun-e-Shahadat, or the Evidence Act, restricts the admissibility of certain types of evidence that are now considered standard in other countries. Consequently, many criminal cases collapse due to insufficient or poorly presented evidence. Judges and legal experts, including those from the Islamabad High Court, have called for comprehensive updates to both substantive and procedural laws. These include the modernization of investigative tools and forensic practices. Therefore, if these legal reforms are delayed any further, the already clogged judicial system will continue to deteriorate.
3. Economic Consequences and Growth Impediments
Moreover, the impact of judicial delays extends beyond legal justice and affects Pakistan’s economic health. Businesses are often unable to resolve commercial disputes promptly. In March 2025, The News International reported that over Rs 3 trillion in tax cases and Rs 1.1 trillion in non-performing loans are currently tied up in litigation. These unresolved financial matters hinder corporate planning and discourage both domestic and foreign investment.
Additionally, Pakistan continues to rank poorly in the World Bank’s Ease of Doing Business Index, especially in the category of contract enforcement. Investors consider judicial predictability and efficiency as key indicators of a stable business environment. However, prolonged litigation and weak contract enforcement in Pakistan send a discouraging message to potential investors. Unless the courts can resolve economic disputes efficiently, economic growth will remain constrained.
4. Marginalized Communities and Unequal Access to Justice
Furthermore, the delay in justice disproportionately affects Pakistan’s most vulnerable populations, including women, minorities, and rural citizens. For many victims, particularly in cases involving domestic abuse or gender-based violence, prolonged litigation results in abandonment of their cases. The legal process is emotionally draining, often forcing complainants to revisit their trauma repeatedly in court.
In rural regions, especially where courts are inaccessible, citizens increasingly rely on informal systems such as jirgas. While these forums may offer quicker resolution, they often violate fundamental rights and constitutional protections. In July 2025, a tragic honor killing case involving Bano Bibi gained national attention only after a video of the act went viral. It was later revealed that formal institutions had initially ignored the case, only responding after public outrage erupted. This incident is a chilling reminder that in many parts of the country, justice is neither timely nor guaranteed.
5. Corruption, Accountability, and Selective Justice
Lastly, corruption and lack of judicial accountability have compounded the crisis. According to Transparency International, the judiciary and police rank among the most corrupt institutions in Pakistan. A 2010 survey revealed that one-third of all reported bribes involved court staff, while 12 percent were linked to judges. Court delays create an environment where corruption thrives. For instance, parties often bribe officials to lose files or grant favorable adjournments.
Moreover, judicial selectivity has created a perception of two-tiered justice. High-profile political cases are often resolved rapidly, whereas ordinary litigants are left to wait years for even basic relief. This duality not only erodes public trust but also damages the judiciary’s image as a neutral institution. If citizens perceive the courts as instruments of political maneuvering rather than justice, then the democratic fabric of the country becomes frayed.
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Assessing Reform Amid Institutional Decay
Although the current leadership of the Supreme Court has introduced several reform initiatives, including electronic case filing, e-affidavits, early hearing procedures, and feedback mechanisms, these steps alone are not sufficient. Such reforms, while helpful, address only the surface of the problem. Without parallel improvements in police investigations, prosecution services, bar associations, and legislative frameworks, the overall justice system will remain stuck in a cycle of inefficiency. For these reforms to truly succeed, they must be implemented holistically and backed by strong political commitment and public engagement.
In summary, the crisis of judicial delays in Pakistan is not merely a matter of administrative inefficiency, but rather a significant threat to the principles of justice and democracy. Millions of citizens continue to suffer as their cases remain unresolved for years. Moreover, economic growth is impeded, vulnerable communities are left unprotected, and the rule of law is severely compromised. While recent reform efforts offer some hope, they must be part of a broader, integrated strategy that includes legislative change, increased investment, transparency, and institutional accountability. Only then can Pakistan begin to restore public trust and ensure that justice is not only done but done promptly. Justice delayed is indeed justice denied, and in the case of Pakistan, it is democracy that is also denied in the process.
