Report of socio

WEAK JUDICIAL SYSTEM

ABSTRACT

Weak judicial and punishment system is a major concern of

any society. Several factors account for it but the

objective and scope of our report is to consider weak judicial

and punishment system in regard to the availability of justice.

We researched the topic using publications and reports of

various institutes including international organizations, police

agencies and courts. We analyzed the whole material and linked

it to the troubled situation and reached a conclusion that

included that the legal system needs immediate reform and

institutionalization.We suggested our own solutions to various

problems in the end .

GIK


CONTENTS

INTRODUCTION.........................................................2IDEAL JUDICIAL SYSTEM................................................2THE JUDICIAL SYSTEM OF PAKISTAN......................................4SUPREME COURT OF PAKISTAN...........................................4FEDERAL SHARIAT COURT OF PAKISTAN...................................4HIGH COURTS.........................................................5DISTRICT & SESSION COURTS...........................................5SPECIAL TRIBUNALS AND BOARDS........................................5ALTERNATIVE COURTS/LEGAL SYSTEM.....................................6COMPARISON BETWEEN KHILAFAH AND COLONIAL JUDICIAL SYSTEM............6

CORRUPTION...........................................................7INDIVIDUAL CORRUPTION...............................................7BUSINESS CORRUPTION.................................................8POLITICAL CORRUPTION................................................8

LACK OF INFRASTRUCTURE...............................................9DEPENDENT JUDICIARY.................................................10WEAK LAW ENFORCEMENT................................................10DELAYED JUSTICE.....................................................11LACK OF AWARENESS...................................................11LACK OF INFRASTRUCTURE..............................................11POLITICAL INTERVENTION AND SECURITY CONCERNS........................12SUPERMACY OVER LAW..................................................12PROPOSED SOLUTIONS..................................................12SPEEDY AND INEXPENSIVE JUSTICE......................................13INDEPENDENT AND EFFECTIVE JUDICIARY.................................13DEVELOPMENT OF INFRASTRUCTURE.......................................13

GIK


CHECK AND BALANCE...................................................14AWARENESS PROGRAMS..................................................14IMPACT ON SOCIETY:..................................................14CONCLUSION..........................................................16

INTRODUCTION

Man is a social creature. He is unable to dissociate himselfcompletely from others and live in isolation and seclusion. He isalso unable to live in complete harmony with others, since eachperson has his own particular ideas, qualities, and conduct towhich his nature inclines, which characterize him without anyoneelse sharing them either partly or wholly.

If man is not able to live alone and remain in absolutesolitariness, nor able to live incomplete harmony with others,then differences will undoubtedly appear between individuals andgroups. There will be strife between them and disputes will takeplace about particular interests, with each one having an eye outfor his own interests. If there were no general rules to whichpeople could take recourse, and no criteria by which truth couldbe distinguished from falsehood, social order would be disrupted,human society would break down, and public affairs would be indisarray.

The judiciary is the guarantee for applying a just system ofregulations and preventing disarray in social affairs. Itrequires the establishment of everything in its proper place, thereturning of every right to its owner, and everyone obtaining hisdue.

IDEAL JUDICIAL SYSTEM

GIK


It may appear at first that the human intellect can independentlydiscover these rules and that its range covers what the thinkingman attains through his judgments without resorting to heavenlyscriptures and, in fact, without needing them at all. However, adeep study of the evidence for the necessity of judiciary showsthat the human intellect is insufficient for it and is incapableof determining the criterion for judiciary and defining itsscope. This is because the views of one person-as has beenmentioned are not all in agreement with those of other people.

Each person considers his ideas to be right and regards otherpeople's ideas as misconceptions. He imagines that hg views areappropriate and would benefit mankind, while the ideas of othersare inadequate and harmful. Thus ensure the intellectualarguments and the academic debates and discussions. In additionto this, everyone is naturally disposed to put one's interestsand those of one's group and family above those of others,regarding them to be better entitled than others. This would havegreat consequences for the method of lying down and applying thelaw.

The following conclusions can be derived from the abovediscussion that there is a need to remove disagreements and solvedisputes makes the existence of a judiciary necessary and thehuman intellect is not adequate to provide felicity to humansociety on its own.

If the human mind-because of its intellectual inadequacy and itsbeing infested by questionable motives-is inadequate indetermining the criterion for judiciary, then the perfectstandard for judgment between people should be made by looking atthe following two points:

The inability of human thought and its failure to offer thejudicial standard.

GIK


The genius of divine revelation and its competence in determiningthe judicial system, since it has been derived from the Unseenand transcends the natural laws God willing.

The reason for man's being unable to define the standard for thejudiciary is that there lie before him various worlds and higherand lower levels and degrees of existence. Since he moves fromone abode to another, he must seek perfection through a powerthat does not cease or perish, and which does not harm his worldor his Hereafter. So, the aim of sending the Messengers withclear signs and sending the scriptures with them was that thepeople should uphold justice. If man were able to achieve justicethrough his intellect and without the need for revelation, therewould have been no need for it.

Therefore, a system for deciding between people in litigationwith the aim of settling their disputes in accordance with theinjunctions of the Divine Law, injunctions that are taken fromthe Quran and Sunnah, should be formed for the people in orderthat they may establish justice and equity amongst themselves.

From our discussion above the foundation of an ideal judicial system lies on the following features for administration of justice:

A. Supremacy of law: No ruler and no official can claim to be above the law.

No acts, procedures, and decisions of any authority,howsoever high it may be, can be valid and binding asto the people they affect, save to the extent they arein consonance with the law.

B. Equality before law: There cannot be one law for the ruler and one for the

subject; one for the powerful and one for the weak; onefor the rich and one for the poor. Government

GIK


authorities enjoy no special privileges or immunitiesfrom the application of law.

C. Judicial impartiality: Judiciary needs to be kept away from the other branches

of government. That is, courts should not be subject toimproper influence from the other branches ofgovernment, or from private or partisan interests.

D. Judicial independence: Judiciary should be independent of executive control.

Judges can perform their functions without anyinterference and none can influence the course ofjustice with his authority or wealth.

E. Free administration of justice: Justice should be administered free of

cost. All citizens, regardless of theirfinancial status, can get justice withoutincurring any expenses in any form.

THE JUDICIAL SYSTEM OF PAKISTAN

The roots of the current judicial system of Pakistan stretchback to the medieval period and even before. The system haspassed through 3 distinct stages of historical development; HinduKingdom, Muslim-rule and British colonial domination. The 4th andcurrent era, commenced with the establishment of Pakistan. Thesystem, thus, has evolved through a process of reform anddevelopment.During this process of evolution and growth, thejudicial system did receive influences and inspirations fromforeign doctrines and indigenous norms.

Judiciary system of Pakistan is made up of many Courts. Someof the courts are Federal in nature while others are provincialas given below:

GIK

http://en.wikipedia.org/wiki/Separation_of_powers

http://en.wikipedia.org/wiki/Separation_of_powers

http://en.wikipedia.org/wiki/Court

http://en.wikipedia.org/wiki/Judiciary


SUPREME COURT OF PAKISTAN

The Supreme Court is the apex Court ofthe land.Its decisions are binding on allother courts.The Court consists of a ChiefJustice and sixteen other judges, appointedby the President.Further, 2 Judges have alsobeen appointed for one year.

The Court exercises original jurisdiction in inter-governmental disputes. The court also exercises originaljurisdiction for the enforcement of fundamental rights.The Courthas appellate jurisdiction in civil and criminalmatters.Furthermore, the court has advisory jurisdiction ingiving opinion to the Government on a question of law.

FEDERAL SHARIAT COURT OF PAKISTAN

The Federal Sharia Court of Pakistan was established in1980, consists of 8 Muslim judges including the Chief Justice.These Judges are appointed by the President of Pakistan.

If a law is found against Islamic values the court providesnotice to the government. The court also has appellatejurisdiction over penalties arising under Islamic law.

HIGH COURTS

There is a High Court in each provinceconsisting of a Chief Justice and otherjudges. The Chief Justice is appointed bythe President. There are four provincial andone federal high court in Pakistan.

The Court exercises original jurisdiction in theenforcement of fundamental rights and appellate jurisdiction in

GIK

http://en.wikipedia.org/wiki/President_of_Pakistan

http://en.wikipedia.org/wiki/Chief_Justice

http://en.wikipedia.org/wiki/Muslim

http://en.wikipedia.org/wiki/Federal_Shariat_Court_of_Pakistan


judgments of the subordinate courts in civil and criminalmatters.

DISTRICT & SESSION COURTS

In each District Headquarters, there are numerous additionalDistrict & Session Judges who usually preside the courts. TheSessions court is also a trial court for heinous offences such asmurder, rape etc. When hearing criminal cases, it is called theSessions Court, and when it hears civil cases, the DistrictCourt. Executive matters are brought before the relevant District& Sessions Judge.

SPECIAL TRIBUNALS AND BOARDS

There are numerous special tribunals such as;

Banking Courts Custom Courts Drug Courts Services Tribunals Income Tax Tribunals Anti-Corruption Courts Anti-Narcotics Courts Anti-Terrorist Courts Labor Relations Court Environmental Courts Board of Revenue. Special Magistrate Courts Juvenile Courts Consumer Courts Drug Courts

Almost all judges are of District & sessions courts having same qualifications.

GIK


ALTERNATIVE COURTS/LEGAL SYSTEM

Jirga Briary System/Panchayat Nizam e Adal Law (for Malakand and Sawat People)

COMPARISON BETWEEN KHILAFAH AND COLONIAL JUDICIAL SYSTEM

In Khilafah all the laws are derived from and all proceduralcodes are built upon Quran and Sunnah while in Colonialsystem laws and procedural codes are made either by theparliament or by various commissions.

In Khilafah Allah’s commands define what a crime is and whatis permissible while in Colonial system the Elite group inthe parliament will decide among themselves what should belegalised and what should be declared a crime.

In Khilafah State cannot impose ban on trade under thepretext of protecting local industries. Hence there is nosuch crime as “smuggling”.Also GST, Toll Tax, Wealth Tax,Income Tax are considered as a crime while in Colonialsystem import and export becomes a crime under the title of“smuggling” whereas robbery is legalised under the names ofGST, Toll Tax, Wealth Tax, Income Tax etc.

In Khilafah state is responsible to protect the Aqeedah ofthe people hence it is not allowed to publicly propagate anycreed or ideology other than Islam while in Colonial systempropagation of Kurt is legalised under the pretext offreedom of religion.

In Khilafah anybody dealing in Reba, or owning a publicproperty secretly will be brought to justice while inColonial system Reba is permissible and private ownership ofpublic property is allowed under freedom of ownership.

GIK


In Khilafah hoarding of wealth is a crime while in Colonialsystem people are free to use their money or hoard them. Itis not a crime.

In Khilafah drinking, fornicating, not covering in public,mixed gathering etc. all is crime while in Colonial systemunder the strict definition of personal freedom all of theseacts are perfectly legitimate.

In Khilafah Blasphemy is a crime while in Colonial systemSalmanRushdie is protected under freedom of expression.

In Khilafah nobody is sent to jail just based on suspicionwhile in Colonial system people are picked up only based onsuspicion or on a false FIR.

In Khilafah witness should be given by a trustworthy Muslimand false witness is punished while in Colonial system evendishonesty’s witness is acceptable and false witness is notaccounted.

In Khilafah once the verdict is pronounced the judgment isconsidered the Law of Allah on the issue and cannot berevoked by any other judge while in Colonial systemcircumstantial evidence is acceptable.

In Khilafah only Allah knows what is a “Just” punishment fora crime while in Colonial system man decides what should bea “just” punishment.

No concept of plea bargain in the Khilafah plea bargain isallowed in the Colonial system.

In Khilafah the Qadhi could not be removed if he is in theprocess of hearing a case against the Khilafah while in Colonialsystem the head of state has the authority to remove the judge any time. Theperfect example was Nawaz Sharif’s tussle with the Chief justice Sajjad HussainShah.

In Khilafah the decision made by the Qadhi is final andthere are no appeals to higher courts while in Colonialsystem there are appeals starting from Magistrate to theSupreme Court.

GIK


This was a little bit comparison between the Khilafah and theColonial system of justice. In short In the Capitalist systemrules continues to change according to the whims and desires ofthe elite group sitting in the parliament e.g. In America variousstates keep changing the punishment for a murderer, alcohol waslegal then made illegal and then legalized again.When justice isnot served it doesn’t teach the society a lesson and the crimebreads.

CONSEQUENCES OF WEAK JUDICIALSYSTEM

CORRUPTION

Corruption in the judicial system of Pakistan is not a nascentphenomenon. This is the reason why it has always been difficultfor the poor to get justice. In a survey assessing the publicperception of the nature and extent of corruption in Pakistan in2010, 69% of the respondents were subjected to an act ofcorruption while interacting with the judicial system. One canonly imagine the increment in that complaint demographic sincethen.

Most of the corruption cases stem in the lower courts wherebribery and blackmail are normal routine matters for lawyers aswell as clients, and very little is done to counter such decay.

INDIVIDUAL CORRUPTION

According to the Transparency International Pakistan NationalCorruption Perception Survey 2011, corruption in the judiciaryhas increased, compared to 2010. A significant number of surveyedrespondents who interact with the judiciary have encountered

GIK


corruption. Similarly, according to the TransparencyInternational Global Corruption Barometer 2013, almost half ofthe surveyed households perceive the judiciary to be 'corrupt' or'extremely corrupt'.

According to the US Department of State 2013, lower courts remaincorrupt, inefficient, and subject to pressure from prominentwealthy, religious, and political figures. Furthermore, therewere reports of small-scale facilitation payments requested bycourt staff. The Bertelsmann Foundation 2012 further reports thatthe general public has little faith in the legal system, ascorruption and bureaucracy are rampant in the system.

BUSINESS CORRUPTION

According to Freedom House 2013, the judiciary in Pakistan isregarded as one of the institutions most plagued by corruption,particularly in relation to the lower courts. Furthermore,business executives surveyed in the World Economic Forum GlobalCompetitiveness Report 2012-2013 indicate that the judiciary issubject to political influences of members of government,citizens, and companies.

POLITICAL CORRUPTION

The Bertelsmann Foundation 2012 reports that politicalinterference is often found in the legislative and judicialbranches of Pakistan. Law formation usually bypasses Parliament,and the higher courts have often been influenced by politicallymotivated judgments. The procedure for selecting national-leveljudges is required to be transparent by law; however, accordingto Global Integrity 2010, the selection procedure is not alwaystransparent in practice.

FREQUENCY

GIK


The World Bank & IFC: Doing Business 2013:

- Enforcing a commercial contract requires a company to gothrough 46 procedures, taking an average of 976 days at a cost ofnearly 24% of the claim.

Transparency International: Global Corruption Barometer 2013:

- 45% of households surveyed consider the judiciary to be'corrupt' or 'extremely corrupt'.

- 36% of households who had contact with the judiciary in 2012report to have paid a bribe.

World Economic Forum: The Global Competitiveness Report 2012-2013:

- Business executives give the independence of the Pakistanijudiciary from influences of members of government, citizens, orcompanies a score of 4.1 on a 7-point scale (1 being 'heavilyinfluenced' and 7 'entirely independent').

- Business executives give the efficiency of the legal frameworkfor private companies to settle disputes and to challenge thelegality of government actions and/or regulations a score of 3.1and 3.2 respectively on a 7-point scale (1 being 'extremelyinefficient' and 7 'highly efficient').

Transparency International Pakistan: National CorruptionPerception Survey 2011:

- 46% of household respondents who interacted with the judiciaryfelt compelled to pay a bribe during last 12 months.

LACK OF INFRASTRUCTURE

Pakistan’s courts and prisons are overburdened. At the start of2010, excluding those before special courts and administrative

GIK


tribunals, there were more than 177,000 cases pending in thesuperior courts, including the Supreme Court, the provincial highcourts and the Federal Shariat Court; and more than 1.3 millionin the subordinate judiciary. Police, lawyers and judges arguethat the numbers of courts need to be doubled at a minimum.Staffing those courts will be an even more crucial task. Around900 magistrates with civil and criminal jurisdiction for apopulation of roughly 160 million handle around 75 per cent ofall criminal cases.

Prisons are overcrowded, with prisoners on trial accounting formore than 80 per cent of the prison population. Only 27,000 ofthe country’s roughly 81,000 prisoners have been convicted. Inearly 2010, a major prison in Lahore, with a capacity for 1,050,held 4,651 prisoners. There have been few sustained efforts toaddress overcrowding and the conditions of under-trial prisoners,or even to implement existing codes and procedures.

The burden on the justice system is also aggravated by thescarcity of trained trial lawyers. According to a former lawminister and practicing Supreme Court advocate:

“In any big district, there are five to ten leading triallawyers. Those who can afford to, or have been accused of seriouscrimes, will seek to engage them. There are about twenty to 30trial lawyers in the next tier. These lawyers cannot deal withthe burden [of cases]. So increasing the number of courts willnot reduce pendency [the suspension of cases]”.

DEPENDENT JUDICIARY

The independence of the judiciary from the rest of the governmentand the power to enforce its rulings are key in anti-corruptionefforts. Whatever the precise character of relations between thejudiciary and the legislature and the executive, all developed

GIK


countries and a number of developing countries rely on thejudiciary to hold the executive accountable under the law, and tointerpret and enforce the terms of the constitution. Thejudiciary, however, cannot be effective if its decisions are notenforced. In practice, this means that other branches ofgovernment must consent to provide the resources needed forenforcement. The British MI6 and American FBI are examples ofsuch law enforcing branches which are internationally recognizedto control and fight against corruption as well as implementingjustice.

WEAK LAW ENFORCEMENT

Several factors play an important role in law enforcement like acountry's economy, the allocation of funds for armed forces, thelevel of corruption, decrease number of law forces, a person'sway of thinking, his educational background etc.

Furthermore due to low socio-economic status and under-paying oflaw enforcers due to low economy of a country or poor allocationof funds causes an individual to attain basic needs of life bydishonest means. this than transforms into a vicious cycle ofdishonesty by a civilian leading him to cover up his tracks bybribery of law enforcing officials resulting in corruption andthus leading to poor or no justice. This in turn further increasethe corruption of the judicial system since every other personassume that he can have his way by giving bribes etc. All in theentire net outcome is poor law enforcement with loss of justice.

Another factor in weak judiciary is lack of sources for propercontrol of crimes or improper or dishonest use of the allocatedfunds for the betterment of the judicial department. Presence ofeither one of the above mentioned condition result in notcatching of criminals on time resulting in poor public morale ofthe law enforcers in public eye as well as lack of confidence in

GIK


the population regarding their law enforcers. It causes increasein public insecurity which further causes increase in the ratesof crimes. Furthermore it discourages the public to join forceswhich result in decrease number of law enforcers while increasingnumber of crimes.

The facilities and pay provided to a law enforcer also play a keyrole in the outcome and result of crimes and criminals. If anofficial is better looked after by his government or firm hewould have loyalty towards it and he will give his all to his jobas compared to a person who is poorly paid. It also depends uponthe psyche, sense of integrity and honor as well as educationalstatus. Also the training as well as education of the cops playsa pivotal role in law enforcement. Poorly trained officials arelikely to make blunders in their jobs and thus also have a poorethical sense.

DELAYED JUSTICE

The biggest problem that lies with ourjudicial system is that justice is notserved to people in due time. As manyas 1.52 million cases5 were pending inthe courts nationwide in the year2010. The Sindh High Court has around50000 pending cases6 of which some await a decision since 15years. Lack of infrastructure, dearth of judges, and lack ofpriority given to low profile cases has led to people beingdeprived of their right to justice. The main flaw that is presentis the adjournment of the cases after every hearing. In hisreport to the Supreme Court, the prosecutor general Sindh saidthat 1329 cases have been pending in 11 special courts of Sindh7.The same situation persists in all courts of the country and it

GIK


is a major issue which has encouraged criminals to flourish andpeople to lose hope in the judicial system.

LACK OF AWARENESS

Another major concern in Pakistan is the lack of awareness peoplehave with regard to their legal rights. Owing to the very lowliteracy rates and even lesser knowledge of the constitution andthe law, most of the people are easily used by elements in thejudicial system. Corrupt lawyers can easily manipulate theilliterate people and lure them into cases which last a lifetimeand hence are a major chunk of the pending cases for decades.

As much as so, even the lawyers and judges in some cases lackproper knowledge of the law and competency and are unaware ofmuch legality which results in a mess. Lack of legal education onpart of everyone is a major issue.

LACK OF INFRASTRUCTURE

Lack of judicial infrastructure is a prime cause for the failureof the system and the question marks that are raised. The law andorder situation in Pakistan is not very commendable and there arehundreds of new criminal cases daily. Because there are limitedresources, inadequate facilities and less courts and judges, thecases are left pending and may require months to get their turn.The poor state of the lower courts in the country is a concernand it has led to a decline in the credibility of the judiciaryas a whole.

POLITICAL INTERVENTION AND SECURITY CONCERNS

Another reason for the poor performance of our judiciary iscorruption among judges and lawyers who are affiliated to

GIK


political parties and support their agendas. Decisions of manycases are influenced by politicians and resourceful personnel andthe weak has no respite. In cases where judges are not biased,still problems persist when witnesses refuse to appear in courtsdue to threat to their own life. Insecurity to witnesses andmurder of those who do bear testament causes lack of evidence andhence cases are not resolved which leave people stranded foryears in the legal process.

SUPERMACY OVER LAW

One of the hurdles in enforcing law and order is martial lawsince it’s a state of a country in which all constitution and lawand order are over ruled by martial law enforcement in which anindividual loses all his constitutional rights. Throughout thehistory of the world the martial law is mostly enforced toenforce the government rule over the rioting public like after acoup d'état (such as Thailand in 2006); when threatened bypopular protest (China, Tiananmen Square protests of 1989); tosuppress political opposition (Poland in 1981); or to stabilizeinsurrections or perceived insurrections (Canada, The OctoberCrisis of 1970).

PAKISTAN in which martial law has been imposed 4 times i-e 07th October 1958 by General Iskandar Mirza 06thJuly 1959 by General Zia ul Haq 12th October 1999 by General Pervaiz Musharraf 3rdNovember 2007 State of emergency was declared by General

Musharaf

In Pakistan throughout these 4 martial law the judicial systemwas compromised and no amendment was made to facilitate the fullfunctioning of the law and order system. Furthermore in laststate of emergency in 2007 the Chief Justice of Supreme Court ofPakistan Iftikhar Ahmed Chaudhary was fired which can be seen as

GIK


the greatest violation of the Judiciary system and to add insultto injury new amendments and provisions were made in The MilitaryAct which give more power to the armed forces.

PROPOSED SOLUTIONS

Considering the prevailing law and order crisis inthe country and the ineffectiveness of the law enforcementinfrastructure to maintain control of the situation, it iscritical for Pakistan to thoroughly reform its legal system andtake necessary actions by reform of criminal justice system.

SPEEDY AND INEXPENSIVE JUSTICE

A major problem with the legal system is delayed justice. Toresolve this issue, major reforms needs to be implemented in thelower courts and independent accountability bodies by the highercourts should be setup. Furthermore the role of theaccountability bodies should be to keep a check on theperformance and financial and moral credibility of judges andlawyers in lower courts and to make sure that cases are notunnecessarily delayed. A log of each court proceedings should beforwarded to these bodies to make sure that proceedings don’t godown without an agenda and some progress is made. It should bethe responsibility of the government to provide capable lawyersto handle the cases for people who cannot afford to hire aprivate lawyer.

INDEPENDENT AND EFFECTIVE JUDICIARY

Political interference and corruption is a major problem inlower courts. Reforms need to be implemented in lower courts torid it from political interference. Political appointments mustend; postings, recruitment, and promotions must be made on merit

GIK


alone; and corrupt judiciary must be punished publicly.Accountability bodies should appoint one representative in eachcourt to make sure that court proceedings are not influenced byexternal forces and those decisions are made unbiased of anypolitical or personal motive.

To aid criminal convictions, witness protection should be givenimmense priority so that witnesses can give their testamentswithout any external pressure. Here the role of police becomescrucial. Police accountability through an independent judiciaryis one of the most effective ways to ensure improvement in policeperformance and lead to an effective criminal justice system.

DEVELOPMENT OF INFRASTRUCTURE

The increase in crimes and worsening of law and ordersituation must be dealt with a proportional increase in legalsystem infrastructure to maintain a control over the situation.More courts and capable judges and lawyers are required to dealwith the increasing number of criminal cases. The government ofPakistan needs to release funds for the development ofinfrastructure and recruitment of new judicial. More academiesneed to be setup to meet the increased demand for capablelawyers.

The GDP as well as foreign exchange should be increased tostabilize and increase a country's economy so that more funds canbe allocated to health, law and educational departments. Sincethe abundant resources in these department raises public securityand morale causing decrease in crimes. Also new investments inpublic as well as private sector causes new job oppurtunutieswhich results in financial stability of the individuals.

GIK


CHECK AND BALANCE

Also a check and balance should be done on all officials bymaking covert branches of government which should monitor andscrutinize the officials' working ethics as well as level of workto prevent the corruption and improper utilization of allocatedfunds.

AWARENESS PROGRAMS

A public information campaign focused on citizen’s rightscan help improve the effectiveness of the legal system. Awarenessof rights available to the people and the details of the basiclegal framework governing the law enforcement infrastructureshould be included in high school curriculum so that people arenot taken advantage of by corrupt judicial. Amendments to thelegal system should also be made publically available. On theother hand moral responsibility and ethics should be an importantpart of lawyers training and the academies should ensure soundknowledge of the pupils they graduate from legal institutions. Ina nutshell well informed citizens and responsible judiciary canlead to an effective criminal justice system.

IMPACT ON SOCIETY:

It has been explained in the previous section that judiciaryis necessary for safeguarding social system and to curb unrulybehavior. Weak judicial and punishment system divides the wholecommunity into a discriminated form. Certain powerful people haveresources to resist deviant labels while the common man does not.As a consequence people not only lose their hope to find justicebut also prone to deviance.

Corruption, bribery and political intervention in judicial andpunishment system allow things to be done without merit basis.GIK


Dates of court sessions are changed using bribery and corruption.Sometimes judges are bribed and sometimes via politicalinvolvement they are made biased.

Unfortunately the punishment system of today’s society is weakbecause courts do not declare a decision in a day or so. Courtssession of a single serious criminal case (e.g. rape, murderetc.) goes on and on for not only months but sometimes years. Ittakes not only time but also money to hire a capable lawyer whichindeed common people cannot afford which leaves a bad impressionon society that criminals will never be punished.

Due to weak judicial and punishment system the terroristorganizations take the law and order in their hands due to whichpeople have reservations regarding security of life and propertydue to crime propagating without restraints. It also increasesthe crime rate.

GIK


CONCLUSION

After going through the whole research, we reached the conclusionthat although weak judicial and punishment system is the root cause of many problems and it indeed has failed to provide justice to a common man, but things can easily be improved with good will and right attitude. Hazrat Umer’s (R.A) judicial and punishment system is indeed excellent and it requires a lot of courage and good will to be implemented but if it is implemented no one in this world will live with discrimination.

GIK


INDEX

A

Anti-Corruption Courts 04

Anti-Narcotics Courts 04

Anti-Terrorist Courts 04

Amendments 06Awareness 17

C

Constitution 13

Chief justice 11

Crime rate 15

Civil court 11, 12

Criminal justice 04

Courts 10, 12

Country 13, 06,18

Corrption 14

Criminal 11, 14

Crucial 13

D

Decisions 11, 15, 16

Delayed justice 11

E

Education 06, 14

F

Fatalities 07Failure 14Financial 16

G

Government 08,05, 16

H

High court 11Higher courts 16

I

Ideal judicial 04

Incidents 07Ideology 06Insecurity 15Infrastructure 13,14, 17

J

Judicial structure10

Judicial council 10Jurisdiction 10,12Judiciary 02, 03, 04Judicial 17, 18Justice 13, 18Judicial system 02Justice system 04Judges 05

K

Knowledge 11

L

Legal system 13Literary rate 11,13

GIK


Lawlessness 06Law enforcing agencies 05

Legality 14Legal process 15Litigation 03

Lower courts 16Lawyers 12, 13Law 04, 09, 14,

Legal system 15

M

Messenger 03

P

Punishment system 17Permanent judges

10Promotiony 13Pakistan 11, 12Political 13, 15Problems 09, 15, 16Police 08, 16, 17Political 16

S

Supremacy 12Special court 04Session judge 03Session courts 04Supreme court 03

GIK

Report of socio

Documents

Transcript of Report of socio