RETHINKING CRIMINAL JUSTICE IN PAKISTAN

Global Legal Studies Review

In a country like Pakistan, data is seldom celebrated. A take-off point can be a brief explanation of the Criminal Justice System (CJS), which this layout will endeavor to give ineffectual way. The CJS in Pakistan contains five sections for instance, the police, legitimate chief, confinement offices, arraignment, probation and parole. The degree of the survey was limited to the four regions, be explicit Punjab, Sindh, KPK and Balochistan. Basically, the presentation of CJS isn't at its ideal level in Pakistan as well as mending gauges like improvement and redesign of real establishments as well as cutoff the working of existing police, analysts, judges, specialists, jail staff is required close by revolve around updating the current characteristics of specialists, judges, examiners, remedial offices to additionally foster the usefulness level as well as reason-ability of organization movement by the CJS generally.

European Scientific Journal, ESJ

This paper analyzes the loopholes and faults in the Criminal Justice System of Pakistan (CJSP), which is under rising criticism for its ineffectiveness and has been ranked at 108th of the total 139 countries of the world in the Rule of Law Index, 2021. The poor and defective investigation by the police, without any effective prosecutorial or judicial supervision over the process of investigation, is mainly responsible for crippling the CJSP adversarial system, which needs to be reformed to make it effective. A comparative analysis will show that Latin American countries such as Chile, Argentina, México and Colombia have moved from an inquisitorial to an accusatorial system, claiming that this is the best way to protect fundamental rights and to reduce the ever-increasing impunity in these countries. By applying a comparative approach, it shows that both inquisitorial and adversarial system of justice have systematic weaknesses and strengths in their composition. This certainly has m...

Global Social Sciences Review

The Criminal Justice System (CJS) is an inter-dependent multi-organizational justice sector comprising police, prosecution, courts, corrections and many other government agencies. These governmental institutions along with one private force in the shape of the defence lawyers; are primarily responsible for the administration of CJS. The imbalance among these institutions and separate working without meaningful coordination and cooperation to uphold justice are key elements for making CJS ineffective, inefficient, and expensive and even paralyzing it. An Appropriate balance among these institutions and joined up working to uphold justice are the key elements to make the CJS effective, efficient even inexpensive. No single organization can make the CJS effective and efficient. Synergy among the judiciary, prosecution, police and other inter-dependent agencies and authorities is necessary for making the CJS simpler, faster, cheaper and people-friendly. With the help of qualitative and ...

Global Regional Review

The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to trans...

The present study aims to present the overview of the role of justice in Pakistani society. Any society whether the family, the community, a nation, or the world, benefits from having justice as a prevailing virtue. Such a society is dedicated to the notion that all of its members should benefit, and no one person or group should have a greater benefit or rights than another. Conversely, no person or group should be denied similar benefits to those that another group enjoys. Justice means punishing actions or words that are wrong and upholding things that are good. This helps ensure that wrongs will be ended and rights will be upheld thereby leading to a safer society for everyone. It is important to remember that justice is directly influenced by the ethics and values of each culture. This study highlights the basic flaws of Pakistani justice system and gives suggestions to reform the justice system of Pakistan.

Right to life is the most precious of human rights. For any society, it is the cornerstone and basic indicator of safety and security. Pakistan's Constitution also guarantees the right to life and obliges the state to protect it. Unfortunately, this right is getting trampled upon on a daily basis in most brazen manner. The chief cause of the violation of this right is the impunity that the perpetrators enjoy. They know that they can get off scot free after committing the most heinous crime. Modern state response to murders is aggressive policing and certainty of punishment. A very relevant and recent example is the rejection of appeal against conviction of murderers of Imran Farooq by the Islamabad High Court (reported as 2022 P. Cr. L. J). It is a known fact that Imran Farooq was murdered in London, the UK on 16 th September, 2010. His murderers escaped the UK and reached Pakistan via Sri Lanka. The police in the UK investigated the case, followed up with Pakistan's authorities, sent their officers and lawyers to testify and present their investigation in the trial and secured the conviction of the offenders. Mr. Imran Farooq was not a citizen of the UK, but the realization was there in the UK that the offenders must be nabbed to ward off the perception of lawlessness and impunity. The police, prosecution and the judicial system of the UK acted, in tandem, to respond to the crime and ensured that, in absence of extradition treaty, the perpetrators get punishment. This type of response from Pakistan's legal and judicial system can restore trust of Pakistanis on its police, prosecution and judiciary. To do that, the leadership of Pakistan's legal and judicial system must take stock of the situation. Blame game within different components of the criminal justice system is counterproductive and is eroding the belief of citizens in the rule of law in the country emboldening them to take law in their own hands. Through this brief essay, an attempt will be made to share practitioner's notes on some of the structural issues that go at the heart of policing murders in Pakistan; these issues are: First, we must muster will to reform. There is ample capacity, commitment and professionalism in police and prosecution in Pakistan, but the leadership needs to exhibit will power to change the way things are done. The point of departure in this regards is organizational and internal reforms enabling professionalism to steer the course of things and to act in the best interest of the organizations and public at large.

Pakistan Journal of Criminology, 2009

2018

This article originally appeared in German under the title "Exzellente Entqualifizierung: Das neue akademische Prekariat" in "Blätter für deutsche und internationale Politik" (08/2016; https://www.blaetter.de/archiv/jahrgaenge/2016/august/exzellente-entqualifizierungdas-neue-akademische-prekariat) and has been minimally adapted.