Observer Report Washington
The US State Department has portrayed the judiciary of Pakistan in an extremely negative manner and stated that theoretically the country’s judicial system operates independently of the executive branch but the reality is quite different.
In its latest report, ‘2021 Investment Climate Statements: Pakistan’, the State Department says, “Pakistan’s judiciary is influenced by the government and other stakeholders.
The lower judiciary is influenced by the executive branch and seen as lacking competence and fairness. It currently faces a significant backlog of unresolved cases.”
According to the report, there are doubts concerning the competence, fairness, and reliability of Pakistan’s judicial system.
Released recently, the report says, “Theoretically, Pakistan’s judicial system operates independently of the executive branch.
However, the reality is different, as the establishment wields significant influence over the judicial branch.
As a result, there are doubts concerning the competence, fairness, and reliability of Pakistan’s judicial system.
However, fear of contempt of court proceedings inhibit businesses and the public generally from reporting on perceived weaknesses of the judicial process.”
The report adds that Pakistan’s Contract Act of 1872 is the main law that regulates contracts with Pakistan. British legal decisions, under some circumstances, have also been cited in court rulings.
“While Pakistan’s legal code and economic policy do not discriminate against foreign investments, enforcement of contracts remains problematic due to a weak and inefficient judiciary,” reads the report.
Pakistan ranked 124 out of 180 countries on Transparency International’s 2020 Corruption Perceptions Index, the report noted, adding corruption persists due to the lack of accountability and enforcement of penalties, followed by the lack of merit-based promotions and relatively low salaries.
According to the report, bribes are classified as criminal acts under the Pakistani legal code and are punishable by law but are widely believed to be given across all levels of government.
“Although the higher courts are widely viewed as more credible, lower courts are often considered corrupt, inefficient, and subject to pressure from prominent wealthy, religious, political figures and the establishment.
Political involvement in judicial appointments increases the government’s influence over the court system,” it says.
The National Accountability Bureau (NAB), the report maintains, suffers from insufficient funding and professionalism and is viewed by Pakistan’s opposition as politically biased.
