The problem of delayed justice system is not new, but as old as Pakistan. Many attempts have made by eminent jurists, scholars, law commissions and committees constituted by different governments to counter the problem but to no avail. The problem once again came to limelight as some courts’ judgments were so strange, raising many eyebrows in lawyers’ fraternity and concerned sections of society. The new Chief Justice of Supreme Court would do a great service if he takes this issue seriously and finds a solution to it.
Firstly, the problem is stuck in the police department. After lodging of FIR, the police is the first executive agency, especially in criminal cases, which reach the crime scene for investigation. The investigation is the first step in a criminal case which is the primary administrative duty of the police to do. In fact, the investigation is evidence which leads the court to a just and fair conclusion about the guilt or innocence of an accused person. Theinvestigation consists of proceeding to the spot, ascertainment of the facts, a collection of evidence, search of place or seizure of things used in the commission of the crime, and arrest of the suspected, if possible. The investigation is conductedby an investigation officer (IO) who is hardly Metric or FSC. The IO does not know the ABC of investigation on which speedy and fair trail is entirely dependent.
For the speedy and fairtrail, we need a separate special investigation police department. Such investigation police shall be liable to district police officer in their administrative duty as general police, but their main duty shall be circumscribed to the only inquiry. Qualification for the police shall be graduation in Law from are cognised university. Such investigation police shall be trained by competent judges and lawyers in judicial academies to teach them those special techniques and skills which are used in investigation. A collection of evidence by such police will be authentic and accurate and will facilitate a judge to reach to a decree.
Judiciary in Pakistan at the district level is itself a hurdle in the way of speedy justice. It’s hosting three kinds of problems like an insufficient number of judges in the districts, recruitment of inexperienced or functionally illiterate judges with no specialisation required over the civil or criminal branch.
Inadequate physical and human infrastructure is also an inability of the courts to keep up with the growing population and litigation demand. Crimes ratio is increasing day by day due to weak law and order. The number of judges in district courts is also a problem. According to the website of Peshawar High Court, by the end of October 2016, around 33,302, cases were pending before the high court whereas 187,840 cases were pending before district courts. So every provincial government is required to recruit a sufficient number of judges at the district level to clear the backlog of the cases.
Most judges in district courts are fresh graduates of law having no vigorous practical experience as a lawyer. Such fresh.....