Pakistan’s Judicial System: Justice or Prolonged Punishment ?

Pakistan’s Judicial System: Justice or Prolonged Punishment?

Introduction:

The Constitution of Pakistan guarantees every citizen the right to a fair trial under Article 10-A, yet the judicial system is far removed from these ideals. Delays in justice, endless appeals, and decades-long litigation have transformed the courts from institutions of justice into instruments of cruelty. Rather than providing relief, the system often punishes the accused and their families long before any verdict is reached.

Judicial Delays: A Punishment Worse Than the Verdict

As the famous saying goes, “Justice delayed is justice denied.”

In Pakistan, murder trials and death penalty cases often drag on for 20 to 25 years, during which the accused remains behind bars, effectively serving a life sentence even before being found guilty. By the time a final decision arrives, the accused is either dead, aged, or psychologically destroyed.

Shocking Example: Acquitted After 20 Years, Hanged 5 Years Ago

In a widely reported real-life case (sources: Geo News, Express Tribune, Dawn), the Supreme Court acquitted a man after 20 years of litigation. However, upon reviewing the prison records, it was discovered that the accused had already been hanged five years earlier. Is this not state-sponsored murder? Is this not a blatant failure of the judiciary?

Violation of United Nations Human Rights Charter

The Universal Declaration of Human Rights (UDHR) by the United Nations, in Article 11, states:

“Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence.”

In Pakistan, this principle is violated consistently. There is no swift trial, no effective appeal system, and no mechanism to prevent wrongful punishment.

Judges’ Salaries Higher Than Prime Minister – But Where’s the Work?

In Pakistan, judges enjoy salaries and perks higher than the Prime Minister, President, Governors, or Chief Ministers. Yet:

• There is no effective monitoring or performance review

• The Supreme Judicial Council is passive and ineffective

• Judges are not held accountable for delays, negligence, or miscarriage of justice

Hard Facts:

• Over 50,000 cases are pending in the Supreme Court (Source: Supreme Court Annual Report 2024)

• A single judge at the Lahore High Court handles 2,000+ cases on average

• Over 70% of prisoners are under trial and have not been convicted yet (Source: HRCP 2023 Report)

Punishment Beyond the Accused – The Family Also Suffers

When an innocent person is imprisoned for decades:

• His children are deprived of education and dignity

• His spouse suffers financially, emotionally, and socially

• The entire family becomes a victim of the system, enduring mental torture and poverty

This is not just judicial delay – it’s generational destruction.

Recommendations and Solutions:

1. Establish Fast-Track Courts – Especially for murder and terrorism cases, with a two-year resolution deadline

2. Annual Performance Audit of Judges – Non-performing judges should be suspended or removed

3. Transparent Online Court Proceedings – To ensure public access and judicial accountability

4. Empower and Reform the Supreme Judicial Council

5. State Compensation for Wrongful Imprisonment – If a person is proven innocent after years in jail, the state must compensate him and his family

Conclusion:

Pakistan’s judicial system will not improve with cosmetic reforms—it needs revolutionary changes. A system that hangs an innocent man and declares his innocence years later is not just unreliable—it is oppressive. The United Nations and international human rights organizations must take notice and push for immediate judicial reforms in Pakistan, so that justice is not just a promise but a practical reality for every citizen.