Abdul Basit Alvi
In every civilized society, the justice system serves as the cornerstone on which the principles of fairness, equality, and the rule of law rest. A robust justice system is crucial for preserving social order, safeguarding individual rights, and instilling a sense of security within the community. Two indispensable elements integral to the effectiveness of a justice system are expeditiousness and transparency. A rapid and transparent justice system guarantees that individuals gain prompt access to the legal remedies they seek. Delays in legal proceedings can be detrimental, especially for those awaiting resolution in matters of personal safety, property disputes, or family issues. An efficiently operating justice system fosters public confidence, encouraging citizens to pursue legal redress without apprehension of prolonged and cumbersome processes. Corruption remains a formidable challenge within the Pakistani justice system. Reports of bribery, undue influence, and malpractice contribute to a bad perception of a system that lacks complete impartiality. The absence of rigorous accountability mechanisms allows such practices to persist, undermining the foundational principles of a fair and just legal system. A significant portion of Pakistan’s population encounters barriers in accessing justice due to financial constraints. The inadequacy of legal aid services exacerbates this issue, leaving many citizens without proper representation. Consequently, the system disproportionately favors those with financial means, perpetuating social and economic inequalities. The inconsistent application of the law in Pakistan raises concerns about the system’s fairness. Instances where influential individuals or those with political connections receive preferential treatment, while marginalized and vulnerable groups face a higher likelihood of injustice, erode public trust and confidence in the impartiality of the legal system. The legal framework in Pakistan has not kept pace with societal changes and global advancements. Outdated laws, particularly in areas such as human rights, cybercrime, and women’s rights, impede the justice system’s ability to effectively address contemporary challenges. Reforming and modernizing legal statutes is crucial to ensuring that the justice system remains relevant and responsive. A just and unbiased judiciary stands as the cornerstone of any civilized society, ensuring that justice is dispensed equitably and without bias. Despite this vital role, Pakistan’s judicial system grapples with persistent challenges, with corruption emerging as a significant impediment to the fundamental principles of justice, accountability, and the rule of law. One of the most conspicuous forms of corruption within the Pakistani judicial system is bribery, with reported instances of judges accepting bribes to influence case outcomes. This compromises the integrity of the judicial process, allowing individuals with financial means or political influence to unduly sway judicial decisions, thereby eroding public trust in the impartiality of the system. Corruption in the judicial system also manifests through the inconsistent application of the law. Cases involving influential individuals or those with political connections may receive preferential treatment, while others may languish or face unjust outcomes. This selective application not only undermines the principle of equality before the law but also fosters a culture of impunity. The intentional elongation of legal proceedings through delay tactics and procedural abuse represents another facet of corruption within the judicial system. Exploiting loopholes in the legal process to prolong cases, some individuals lead to undue delays, undermining the expeditious justice that citizens rightfully deserve. Political interference in the judiciary is a persistent concern in Pakistan, with political figures exerting pressure on judges and judicial processes, potentially compromising the independence of the judiciary. The fear of repercussions or the allure of political patronage may influence judicial decisions, creating an environment where justice becomes susceptible to external pressures. The lack of transparency and accountability mechanisms within the judicial system allows corrupt practices to persist. Without robust internal checks and balances, unethical conduct can go unchecked, significantly undermining the credibility of the judiciary. The absence of adequate protection for whistleblowers within the judicial system discourages individuals from exposing corruption. Fear of retaliation, both professionally and personally, hampers the reporting of misconduct, perpetuating a culture of silence that shields corrupt practices from scrutiny. Corruption within the judicial system has a profound impact on public trust and confidence. When citizens perceive the judiciary as susceptible to external influence or internal corruption, it erodes their faith in the legal system. A lack of trust in the judiciary undermines the very foundation of a functioning democracy and the rule of law. Transparency International Pakistan has recently unveiled its Corruption Perceptions Survey 2023, revealing that the judiciary stands among the three most corrupt institutions in Pakistan. As per the findings, the police ranks as the most corrupt, followed by the procurement and contracting sector, and then the judiciary. The education and health sectors hold the fourth and fifth positions, respectively. Subsequently, local governments, land administration, customs, excise, and income tax are identified as the sixth, seventh, and eighth most corrupt institutions. The report delves into the dynamics of bribery within the judiciary, citing an average cost of 25,846 rupees for such practices in public service delivery. Interestingly, the survey indicates that the highest average bribe occurs in Khyber Pakhtunkhwa, reaching up to Rs 162,000. Punjab records the maximum average citizen-paid bribe of Rs 21,186, predominantly directed towards the police. In Balochistan, the health facilities witness the highest average bribe, amounting to Rs 1,60,000. According to the National Corruption Perceptions Survey 2023, a significant 68 percent of Pakistanis believe that institutions like NAB, FIA, and the Anti-Corruption Establishment are exploited for political vendettas. Nationally, 60 percent express the opinion that accountability institutions like NAB, FIA, ACE, and the Ombudsman should be abolished due to their perceived failure in eradicating corruption. On a broader scale, 75 percent of citizens at the national level opine that the private sector wields excessive power, leading to corruption. A majority of 36 percent of citizens believe that anti-corruption agencies have been ‘ineffective’, contributing to a 40% lack of merit in major corruption cases at the national level. Provincially, 42 percent in Sindh, 43 percent in Khyber Pakhtunkhwa, and 47 percent in Balochistan assert that jobs are not based on merit. In Punjab, 47 percent attribute corruption to the bureaucracy’s use of state institutions for personal interests, considering it the primary reason for corruption in Pakistan. As countermeasures against corruption, 55 percent of Pakistanis advocate for immediate government disclosure of public officials’ assets on websites at the national level. Additionally, 45 percent believe that accountability courts should ensure swift resolution of corruption cases within 30 days. At the national level, 47 percent of Pakistanis perceive corruption as the main impediment to Pakistan’s development. Furthermore, 62 percent connect corruption and unethical practices to environmental destruction and increased effects of climate change. A staggering 67 percent feel that provincial and local governments disregard their views in shaping environmental policies. Surprisingly, 76 percent of Pakistanis at the national level have never utilized the Right to Information Act, as per the survey conducted by Transparency International Pakistan. The Corruption Perception Survey, undertaken eight times in the last 23 years, serves as a crucial barometer of Pakistani perceptions. Conducted from October 13, 2023, to October 31, 2023, in all provinces, the survey gathered responses from 400 people in each province, offering valuable insights into the prevailing perceptions of corruption in the country. The prevalence of corruption, particularly within our lower judicial and police systems, essential pillars of any civilized society, poses a significant detriment to the overall well-being of the community. Unfortunately, the civilian judicial system in Pakistan has struggled to provide timely and transparent justice to its citizens. A pervasive issue is the protracted resolution of legal cases, some spanning generations and remaining unresolved. The burden on our courts is immense, with both the superior and lower judiciaries grappling with an overwhelming backlog of 2.144 million cases. In the year 2021 alone, 4.102 million cases were concluded, while 4.06 million new cases were filed, resulting in an overall pending caseload of 2.16 million at the beginning of the following year. Statistics sourced from the Supreme Court, Federal Shariat Court, and five high courts reveal that in 2020, 229,822 cases were disposed of, with 241,250 new cases instituted. The pending cases before superior courts at the year’s end totaled 389,549, slightly exceeding the previous year’s count of 378,216. Similarly, the district judiciary faced 1,783,826 pending cases at the beginning of the preceding year. Over the course of the year, they adjudicated 3,872,686 cases, while 3,822,881 new cases were filed, culminating in a total pending caseload of 1,754,947 by the close of 2021. The establishment of military courts in Pakistan was prompted by a tragic terrorist attack on the Army Public School in Peshawar on December 16, 2014. In response, the 21st Constitutional Amendment, effective from January 6, 2015, introduced military courts with jurisdiction over the expeditious trial of cases related to specified acts. Since their inception, military courts have presided over approximately 717 cases, concluding 546 of them. Significantly, they have imposed death sentences on 310 terrorists and various terms of rigorous imprisonment on 234 others. This track record underscores the crucial role of military courts in delivering swift justice. Military courts in Pakistan serve as specialized institutions dealing with anti-state elements and those posing threats to the national security of the country. In response to the May 9 attacks, carried out by militants targeting both civil and military installations, the government invoked the Military Act and Military Courts. It’s essential to highlight that decisions rendered by military courts are subject to appeal in higher civilian courts, addressing concerns related to potential human rights violations. A five-member Supreme Court bench, led by Justice Ijaz-ul-Ahsan, declared the verdict of trying civilians in military courts null and void. This decision, perceived as unjust, had adverse emotional effects on the families of martyrs and those who lost their lives in acts of terrorism. Subsequently, the caretaker federal government, acting on behalf of the Defense Ministry, filed an appeal challenging the Supreme Court’s decision to invalidate the military trial of civilians. The Attorney General, representing the federal government, lodged an intra-court appeal in the Supreme Court, seeking the annulment of the decision against trying civilians in military courts. The appeal also requested a stay on the decision pending the verdict of the five-member bench on the appeal. Notably, the Senate of Pakistan also passed a resolution in favor of military courts. In response to the intricate legal challenges, a larger panel was convened by the Supreme Court to adjudicate intra-court appeals contesting the verdict that had halted civilian trials in military courts. Headed by Justice Tariq Masood, the six-member bench comprised Justices Aminuddin, Hasan Azhar Rizvi, Muhammad Ali Mazhar, Musarrat Hilali, and Irfan Saadat. The uplifting news for the nation is that the Supreme Court, under the guidance of its current Chief Justice, temporarily suspended the decision to cease civilian trials in military courts, permitting the continuation of such trials. This positive development underscores the current Chief Justice’s commitment to making judicious decisions and fostering a favorable public perception. Furthermore, the Chief Justice has introduced commendable initiatives, such as live proceedings, in a concerted effort to promote transparency and address issues of corruption within the judicial system. He is also committed to expediting legal processes and implementing cutting-edge technological tools. These groundbreaking efforts by the Chief Justice of the Supreme Court of Pakistan and the upper judiciary are providing a positive trajectory for addressing and rectifying the shortcomings within lower courts and their systems. Readers, every day, our military personnel and civilians make immense sacrifices in the ongoing battle against terrorism. Recognizing the identified deficiencies and delays within our lower judicial systems, as underscored by tangible on-the-ground realities and emphasized in recent corruption surveys, and acknowledging the potential advantages to terrorists and anti-state elements, the prompt and transparent alternative solution has been the reinstatement of military courts. The entire nation, along with the families of our martyrs, expresses satisfaction and joy over the Supreme Court’s decision, eagerly anticipating the swift prosecution of terrorists and anti-state elements through these military courts.
