Prevailing Criminal Justice System in Pakistan (Adversarial System)

Abstract

The status, welfare and prosperity of a society are dependent upon the rule of law and systematic dispensation of justice to all its citizens indiscriminately.[i] The Judiciary is not only responsible for effective administration of justice (both criminal and civil), but also for its speedy and economical dispensation to all citizens of the state; hence, it is considered as one of the most important pillars of the State. The system developed for the administration of justice is commonly known as the Judicial System of a state. The Pakistani criminal justice system is commonly branded and known as faulty and inequitable one[ii]due to problems faced: prior to setting law into motion, during investigation,[iii] and lastly protracted trial and appeals in the courts.[iv]Out of many other factors a few are: lack of adequate training, non-availability of modern investigation tools, outdated and archaic laws, particularly procedural laws, multiplicity and pendency of cases, and heavy court back-log. As we have adopted a ready-made alien criminal justice system from British rulers, the system suffers mostly due to the obsolete legal procedures which had been formulated as far as more than 150 years ago. In modern world, there are two prominent and predominant justice systems at work: adversarial and inquisitorial. This article is an attempt to appraise and critical evaluation of adversarial system as adopted in Pakistan, and to suggest vital and structural changes to make the prevailing criminal justice system of Pakistan more effective, speedy, economical, victim-friendly, just, modern and capable to keep up with the ever-changing socio-economical environment.