1. Dr ArshaD Javed Rizvi
Associate Professor
Judicial Reforms In Pakistan
Introduction
The roots of the current judicial system of Pakistan stretch back to the medieval period
and even before. The judicial system that we practice today has evolved over a long
period of time, spanning roughly over a whole millennium. This system is based on
British law. The Supreme Court is supreme, followed by high court and then session
courts.
The Constitution of Pakistan deals with the superior judiciary in a fairly comprehensive
manner and contains elaborate provisions on the composition, jurisdiction, powers and
functions of these courts. The Constitution provides for the “separation of judiciary from
the executive” and the “independence of judiciary”. It entrusts the superior courts within
obligation to “preserve, protect and defend” the Constitution. The qualifications of
judges, their mode of appointment, service conditions, salary, pension, are also laid
down in the Constitution. The remuneration of judges and other administrative
expenditures of the Supreme Court and High Courts are charged on the
Federal/Provincial Consolidated Fund, which means it may be discussed but cannot be
voted upon in the legislature.
Pakistan’s return to civilian government after eight years of military rule and the
sidelining of the military’s religious allies in the February 2008 elections offer an
opportunity to restore the rule of law and to review and repeal discriminatory religious
laws that restrict fundamental rights, fuel extremism and destabilise the country. Judicial
reforms would remove the legal cover under which extremists target their rivals and
exploit a culture of violence and impunity. Ensuring judicial independence would also
strengthen democracy at a time when it is being undermined by worsening law and
order situation.
Hence it is clear that the constitution of Pakistan contains a detailed account of how the
judiciary should be run in this country and clearly states the principle that executive and
the judiciary should run parallel. There should be no clash between them for state
affairs to run properly. There is a High Court in each province. Each High Court consists
of a Chief Justice and other judges. The strength of Lahore high Court is fixed at 50,
High Court of Sindh at 28, Peshawar High Court at 16 and High Court of Baluchistan at
9. Article 175 (A) deals completely with appointment of the judges in high court, Federal
Shariat Court and the Supreme Court and their promotions.

2. Pakistan is a developing country that has been facing corruption and nepotism in all its
institutions. Judiciary is no exception here. There are two very primary concerns that
people have been forced to settle their disputes out of the courts. First, our courts take
more time to resolve the issue. Property and murder cases take years to be decided.
Most of the time cases go from one generation to other. Second, people are afraid of
mishandling cases by police, investigation team and the court procedures. One has to
visit court for hundred and thousand times to settle the issue by court. Although our
police system is also a hurdle, but this hurdle can be tackled if judicial setup could be
maintained according to the requirements of the society. People of Pakistan have basic
right to be guarded from criminals and for this judiciary system has to show undiluted
resolve and commitment.
Motivated by self-preservation and self-interest, Pakistan’s superior judiciary has not
just failed to oppose Islamic legislation that violates fundamental rights but has also
repeatedly failed to uphold the constitution. While superior courts have validated military
interventions, military regimes have manipulated judicial appointments, promotions and
removals, steadily purging higher court benches of independent-minded judges. This
has pushed the judiciary further to the ideological right. Today, judicial independence is
hampered not only by the state but also by right-wing religious groups.
In the case of Pakistan, the judiciary failed to check an extra constitutional regime
change. This practice has questioned the judicial independence as well as weakened
the confidence of the people on the institution. Technical steps, legislative corrections
and reforms cannot revise the role of judiciary. It needs credible commitment by the
government to respect the rule of law, a transparent system of judicial appointments
and to ensure that judicial decisions are practiced at all levels. The present research
focuses on:
(i) The constitutional and political experiences of Pakistan’s struggle for democracy
(ii) To link the stability of the political system with the judiciary will create certain
debatable issues? The research will conclude that a more comprehensive and coherent
policy is needed to tackle this technical as well as political issue. For the survival of
democracy and stability of the political system it is important that all the institutions must
remain in their described limitations. This strategy will avoid any further bumpy ride of
Pakistan’s political journey.
There are several laws to be amended and made them impartial. First, Women are
biggest victim of Jirga system.They are being handed over to other tribe on the name of
watta-satta, being killed in kora-kari or being sold. There must be strong judicial and
investigative setup which would handle cases related to women. Most of the time
women don’t come to court when they are deprived from their status because they fear
that court is incompetent to provide them justice. A country cannot prosper without the
smooth and equal contribution of women which only be possible when women will be
provided due protection from awful environment. Secondly, laws related to minorities
must be reviewed and their implementation be ascertained. Cases have been brought in
the media that Ahmedi children have been struck from school on being Ahmedi. People

3. have been accused of using blasphemy laws to take their own revenge. Court has to
review all these cases and make a strategy to protect the rights of minorities.
Despite the incompetence of Jirgas to handle issues, people still favor their existence
because courts take more time in deciding a case. People fear from losing money and
time while referring to courts. Therefore, they prefer to go to Jirga rather courts. Before
reforming the society and elimination of Jirga system, the judiciary must be reformed
and improved so that the people have the confidence that the judiciary will provide
justice to them. Judicial System needs to enhance its credibility by functioning properly.
Suo motto actions are admirable. In a society corruption is rampant, the Chief Justice
must keep an eye over issues of public concerns. However, there should be obvious
reasons before taking such actions. The cases concerning individuals and that are not
directly related to the society at large should not be taken by Chief Justice. The issues
that should be taken by district court must not be brought in Supreme Court. It is worth
recalling the case of a TV artist who was caught with couple of bottles of liquor, and
former Chief Justice Iftikhar Muhammad Chaudhry took action on it. Obviously, the
media and civil society came out with strong criticism of the action by the then chief
justice. A well known senior Pakistan-based journalist Amir Zia wrote in the Newsline
Magazine:
“The honorable chief justice must also be aware of the fact that many key
lawyers, including some veterans who remained at the forefront – and on
his right and left – in the famous lawyers’ movement struggling for his
reinstatement, are known not just for possessing liquor, but for drinking it
too. The chief justice can ask a veteran and knowledgeable lawyer
Chaudhry Aitzaz Ahsan about it under oath. He will learn the truth from
Ahsan, and we pray to his Lordship to initiate a sue motto against them as
well.”
In Pakistan, the judiciary is a hierarchical system with two classes of courts: the superior
(or higher) judiciary and the subordinate (or lower) judiciary. The superior judiciary is
composed of the Supreme Court of Pakistan, Federal Shariat Court and the five high
courts. The Constitution of Pakistan entrusts the superior judiciary with the obligation to
preserve, protect and defend the constitution. Neither the Supreme Court nor a High
Court may exercise jurisdiction in relation to tribal areas, except otherwise provided for.
The disputed regions of Azad Kashmir and Gilgit-Baltistan have separate court systems.
Judiciary is the third pillar of the state which has to coordinate with other state organs to
ensure the provision of basic human rights to its citizens. Supreme Court being the

4. head of judicial system in Pakistan must also have complete mechanism to counter the
anti-state activities carried out by internal and external elements.
There is also a Federal Shariat Court comprising eight Muslim Judges, including a Chief
Justice appointed by the president. In addition, there are special courts and tribunals to
deal with specific kinds of cases, such as commercial courts, Labour Ccurts, an
Insurance Appellate Tribunal, an Income Tax Appellate Tribunal, Special Courts for
Bank offences etc. There are also special courts to try terrorists. Appeals from special
courts go to High Courts except for Labour and Traffic Courts, which have their own
forums for appeal. Appeals from the tribunals go to the Supreme Court.
Flaws in the judicial system
People of Pakistan are not satisfied with its judicial system. They believe it is a
punishment to file a case due to its tedious time consuming fruitless procedures and
hence it is the need of the hour to revise the system. Some of the problems are as
follows:
Absence of speedy trial and justice makes the system cumbersome. There is no quick
disposal of cases. Be it civil or criminal the cases go on for years, in some cases the
circumstances rise to such an extent that during the time of the case either the
complainant or the accused dies.
Following are some of the obvious outcomes due to delay in dispensation of justice.
 Jails are filled up with prisoners owing to slow legal process. And hence extra
money is needed to counter the number of problems faced by these prisoners
that include health and hygiene issues
 Trust on the judicial system is decreasing at a fast rate due to slow legal process.
That’s due to lack of legal knowledge among the masses and lack of efficiency in
bar councils.
 Judges are also indulged in malpractice. Hence justice is not served. A murderer
is set free to commit more crimes and an innocent is sent to prison who in turn
becomes a criminal to take revenge. There is influence of chieftains and feudal
lords to get fair and transparent justice, especially in rural areas and tribal belt of
the country.
 One major problem is the lack of awareness about the judicial system of this
country amongst the masses. People are, therefore, exploited by the lawyers.
 The Judicial policy 2009 which was to target corruption is not being implemented
in letter and spirit.
 There is Lack of coordination between judiciary and police in order to dispose off
cases swiftly. Police exploite the people too.

5.  No sufficient funds allocation by the government for effective administration in the
courts
 No use of Information technology for filing a case/petition/writ
 No computerized record of cases.

Recommendations for fair, transparent and speedy justice in Pakistan
There is an urgent need to reform the judicial system in Pakistan. The
recommendations to improve the judicial system are as follows.
 Proper legislation by the parliament is required. A law is to be legislated that
would bind judges not to adjourn the case for more than 7 days. This point totally
depends upon the quick delivery of facts and figures by the police. For this the
gap between the police and lawyers should be reduced and the coordination and
corporation between them should be entertained.
 A committee is formed by Chief Justices of the provinces which will hear
complaints of the litigators and other issues pertaining to law. Free legal advisor
is provided to deserving and poor people. A committee should be formed that
keeps the working of employees in check and determines who is really in need.
 E-justice: all cases be computerized and should be disposed off in maximum of
15 days.
 Administration of court should be made efficient and effective for speedy judicial
system.
 Postings, transfers and other related issues of judges should be dealt by superior
judiciary instead of law ministry.
 Few provision of law should be part of the middle class syllabus for prevention of
crime and augmentation of awareness about judicial or legal matters.
 Liberal adjournments granted by the subordinate courts and high courts should
be discouraged.
 Bar council should be more effective and contesters should be honest and loyal.
 Judicial investigation wing be set up to verify the fabricated charges.
 Salaries of judges should be increased to discourage malpractices
Judicial Education is a branch of education which is more applied than mere
theoretical. Thus it is distinct from legal education. Legal education is imparted by

6. the law schools while the judicial education is imparted by the judicial
academies/institutions. It focuses on the practical aspect of application of law by
the courts in the administration of justice. The usefulness of it can be understood
by the fact that a judge is to practically answer all issues raised before him or her
in the light of the facts, attending circumstances, evidence and law to show that
the confidence reposed by the people in him to determine their rights in
accordance with law was fully justified. Laws are limited but the problems are
manifold. Each case has its own facts and circumstances, thus the aspects and
dimensions are not only diverse but also multiple.
Despite facing unprecedented and grave threats of terrorism, Pakistan has surprisingly
not yet instituted a comprehensive and effective legal framework to counter such
threats. Moreover, the Government of Pakistan has failed to seize this matter urgently.
The nature of the current terrorist threat is clearly distinguishable from the nature of
terrorist threats faced by Pakistan in the recent past. Previous counterterrorism
legislation and other relevant legal instruments were drafted in the context of sectarian
terrorism; however, the nature of terrorism has changed and the current strain of
terrorism is aimed at dismantling the State of Pakistan and its institutions.
Administrative measures
While the legislative framework is deliberated upon, certain administrative measures
can be taken in the meantime that will improve the efficiency of the existing criminal
justice system. Following steps can help improve the functioning of the judiciary in the
country.
1. Executive guidelines to be issued by the provincial governments and federal
Interior Ministry for categorizing or prioritizing high profile terrorism cases so that
they are given special attention and due care for investigation.
2. Executive guidelines need to be issued by the provincial governments and
federal Interior Ministry establishing a panel of special investigators exclusively
dedicated to conducting investigations in categorized high profile terrorism cases.
3. The Chief justice of each High Court will issue guidelines for taking evidence
through video to shield witnesses from intimidation.

7. 4. Guidelines to be issued to the police for using and incorporating forensic
evidence more effectively in the judicial process.
5. Establish quality assurance review panels in every province comprising of two or
three retired judges with experience in both trying terrorist suspects and the
related appeals process. The panels would informally examine the evidence and
case record before it is filed in court proceedings and make recommendations,
where appropriate, to improve the chances of a successful conviction.
6. Guidelines, if and when appropriate, to be issued to improve the safety and
protection of judges and courts involved in terrorism cases.
7. Law and Justice Commission to issue draft model guidelines and in certain
cases, issue the guidelines themselves.
Following provisions of the constitution define the parameters under which the judiciary
and civil authority function in order to protect the fundamental and basic rights of the
people. Under the preamble of the constitution, each institution of the state is bound to
help judiciary in maintaining and protecting the individual dignity and honor. This is
possible if the institutions work to create a society that enforces law without any fear or
favor. Following provisions define the relationship among different organs of the state.
1] “(1) Loyalty to the State is the basic duty of every citizen … (2) Obedience to the
Constitution and law is the inviolable obligation of every citizen wherever he may be and
of every other person for the time being in Pakistan.” Pakistan Const. art. 5.
[2]“[(1)] The Armed Forces shall, under the directions of the Federal Government
defend Pakistan against external aggression or threat of war, and, subject to law, act in
aid of civil power when called upon to do so….” Id. art. 245.
[3] “Whoever wages war against Pakistan or attempts to wage war, or abets the waging
of such war, shall be punished with death, or imprisonment for life, and shall also be
liable to fine.” Illustration: A joins an insurrection against Pakistan. A has committed the
offence defined in this section. Pakistan Penal Code, (121).
[4] The Private Military Organizations (Abolition and Prohibition) Act, 1973 (IV of 1974),
(3).

8. [5] Although the police can register an FIR for attempting an offense, the registration
itself puts the offenders on alert.
[6] Regulation of Investigatory Powers Act, 2000, 48 Eliz. 2.
[7] Foreign Intelligence Surveillance Act of 1978, Pub. L. No. 95-511, 92 Stat. 1783
(codified as amended at 50 U.S.C. §§ 1801-1811 (2006)).
[8] Although there is a general provision related to interception under the PTA
Reorganization Act 1996, it is insufficient and does not declare the admissibility of the
intercepted communication.
[9] “Production of evidence that has become available because of modern devices etc.:
In such cases as the Court may consider appropriate, the Court may allow being
produced any evidence that may have become available because of modern devices or
techniques.” Qanun-e-Shahadat Order, 1984, art. 164.
Conclusion
It is extremely important for Pakistan to have a well established judicial system on the
pillars of speedy and transparent trial system in order to provide fair justice to the
people of the country. Judicial system is a guarantee for the development of a nation as
it builds trust and confidence among the masses. It is very necessary to reform the
judicial system of Pakistan as it is in the dilapidated condition and only the apex court is
now building confidence in the masses. The apex court can not alone solve the
problems of the people as almost 90% cases are registered in the lower courts which
are so far unable to provide speedy and fair justice to the common men. The above
mentioned reforms, no doubt, will change the shape of the judicial system and it will set
the nation on the path as envisaged by the Qauid-e-Azam Muhammad Ali Jinnah.