Saad Khalid Khan
Criminal justice system is the cornerstone upon which the rule of law is based in a country. Any criminal act is the violation of the rule of law. In order to safeguard human rights and people’s rights to safety, the criminal justice system strives to address the societal repercussions of illicit behavior . The dominative components of the criminal justice system are police investigations, court prosecutions and trials, together with issues like access to justice counsel, prisons and alternatives to incarceration, restorative justice, victim protection, and reparation. The law defines the function of each of these components. These components must be balanced within their respective jurisdictions and functions for an effective Criminal justice system. According to the World Justice Project’s analysis, Pakistan ranks 130th out of 139 nations in terms of adhering to the rule of law.
Among the six assessed countries in the region, Pakistan’s criminal and civil justice systems are placed fourth. The country has a low conviction rate, estimated to be between 5% and 10%, primarily attributed to investigators’ limited access to crucial data and tools, coupled with inadequate training. The Pakistani criminal justice system and the legal code it operates upon, is outdated and has many loopholes that are exploited by law enforcement agencies. People in general misuse the power and processes of law against their opponents and settle their grudges. Section 54 of the Code of Criminal Procedure, 1898 outlines the conditions allowing police officers to arrest individuals without a magistrate’s order or warrant. This power is often misused, as individuals are arrested immediately upon filing of an FIR without prior investigation. Sections 60 and 61 stipulate that an arrested person must be brought before magistrate within 24 hours, and should not be detained for more than 24 hours without taking remand from magistrate.
While these sections may seem to restrict police power to hold person in custody however, they actually allow a 24-hour detention period, during which the police may engage in torture or extortion against potentially innocent individuals who have not yet been convicted. Section 167 of the Code of Criminal Procedure allows for the detention of an accused person for up to 15 days if an investigation cannot be completed within 24 hours. This legal provision extends the potential for custodial torture and extortion for two weeks. There have been reported cases of custodial torture and deaths, mainly occurring during this detention period. According to the Asian Human Rights Watch, there are complaints of sexual abuse during such custody or incarceration. Due to flaws in the Code of Criminal Procedure and misconduct by the police and judiciary, there’s a rising trend of filing false FIRs. This means that even if the opposite party is innocent, they may face the ordeal of custodial torture and two-week incarceration. In cases where a legitimate reason exists for filing an FIR, people often falsely implicate others with no connection to the actual incident. With over two million pending cases nationwide, a significant portion results from these false FIRs. Thus, loopholes in Code of Criminal Procedure not only jeopardize dignity and liberty of the public but also cripple the judiciary, exceeding its capacity. So, there should certainly be some reforms that can help the nation out of its miseries. Initially we should start by updating the outdated Code of Criminal Procedure which is about a hundred and thirty years old and no longer meets the needs of contemporary society. By amending the code, it can be aligned with the requirements of the modern day. Further, The police rules shall be amended and strong restrictions shall be imposed upon lodging false FIR or arresting a person in consequence of such FIR. That proper investigation shall be conducted into the charges against a person mentioned in the complaint. Moreover, 24-hour police custody period before presenting the accused in court is a major issue in the criminal justice system, as it allows for custodial torture and extortion by corrupt officers.
This legal gap should be closed, as the modern transportation system negates the need for such an extended period before reaching the magistrate’s court. Therefore, policy reforms are necessary to ensure immediate presentation of the accused before the magistrate and the establishment of a 24/7 magisterial court for granting of remand and such remand should not be granted in a mechanical procedure; instead, the accused should be given a fair hearing and the right to be represented by legal counsel. If the accused cannot afford legal counsel, the court should provide a government-funded lawyer as soon as the accused is presented before the court for the first time. Most curcially, there exist a need that human rights observers should be appointed at police station to serve as impartial monitors overseeing police operations, preventing custodial torture, investigating human rights abuse allegations, and reporting their findings to the relevant authorities. To sum things up, the amendment in Code of Criminal Procedure is a crucial and a comprehensive solution to fill the loopholes in Pakistan’s criminal justice system. By upgrading this fundamental instrument, the reform ensures adaptability to emerging challenges, corresponds with global standards, improves access to justice, and prevents exploitation of legal gaps.
