Academic journal article Journal of Political Studies

An Analytical Study of Criminal Justice System of Pakistan (with Special Reference to the Province of Punjab)

Academic journal article Journal of Political Studies

An Analytical Study of Criminal Justice System of Pakistan (with Special Reference to the Province of Punjab)

Article excerpt


Our criminal justice system is not delivering due to multiple ailments that range from reporting of crime to the police, mal-practices during the course of investigation, preparation of report under section 173 of Cr.P.C. by the I.O., submission of challan in the court by the Public Prosecutor without application of his independent mind owing to his tied hands and subsequently trial at the mercy of the defence counsel. Each steps has many slips and shorts at enforcement, judicial process and correction stages. The inbuilt inadequacies are rendering the system ineffective, the accumulation of the grievances of the complainants or aggrieved persons are posing big question mark to its performance. Patch work to improve and make it effective was done halfheartedly, thus remained ineffective. A scrupulous effort with pragmatic orientation is a must in the given circumstances. The scope of improvement must inter-relate all the shortcomings, both of substantive and procedural nature in accordance to the spirit of time. The anger and frustration that has been accumulating against the system over the decades is bound to trigger up in political chaos, and radicalism in society. The mass killings, blind murders and massive scale crime rocketing is less of social mal-adjustment and more of deprivation of our judicial delinquencies. Meaningful changes are must - a detailed study of historical contexts along the comparison of judicial system of the advanced countries will provide a practical insight into our shortcomings in the system and practical suggestions to improve it may help to pacify the lava already brewing in social echelons to social and administrative anomalies.

The Criminal Justice System encompasses the whole gamut of collection of evidence during the course of investigation, production of evidence before the trial court by the prosecution and its rebuttal by the defence counsel. Each step needs utmost care and diligence. To make the things easy to understand it is important to go through the important concepts of the System. Justice (R) Dr. Munir A. Mughal (2009) has explained this term beautifully in these words, "A system that deals with the crime and the criminals with a view to maintaining peace and order in the society". But, Wikipedia has defined the concept of 'criminal justice system' in different context by highlighting that "Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts." It has been further elaborated by saying that the criminal justice system "consists of three main parts: (1) law enforcement (Police); (2) adjudication (courts); and (3) corrections (jails / prisons, probation and parole).

In fact, an efficient and effective system of criminal justice not only provides an appropriate remedy to a victim of crime but also takes care of the legitimate rights of the accused. It protects and respects the rights of all concerned with due regard to the ultimate end of dispensation of justice without fear and favour but unfortunately our system of criminal justice has failed to achieve these objectives and that is why our Supreme Court observed that "people are losing faith in dispensation of criminal justice by ordinary criminal courts for reason that they either acquit the accused persons on technical grounds or take a lenient view in awarding sentences. It is high time that courts should realize that they owe duty to the legal heirs / relatives of the victims and also to the society. Sentences awarded should be such which should act as a deterrent to the commission of offence".

Nature of our system of Justice?

Now, this question arises: "What is the nature of Criminal Justice System of Pakistan?" To find out the answer of this question, we have to study the two well-known systems of judicial procedure of the world: (1) Adversary System; and (2) Inquisitorial System

i) Adversary System

In Adversary System, the role of a Judge or a Magistrate is like a Referee or a Neutral person and it is the prosecution that has to prove its case beyond any shadow of doubt. …

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