EVERY year on 17 July, people around the world celebrate International Justice Day also known as World Day for International Justice. The goal of the day is to support and progress both the battle against serious crimes going unpunished and international criminal justice. The day serves as a reminder of the value of fairness, responsibility and the rule of law in dealing with and avoiding serious violations of human rights. By endorsing the Rome Statute, it also acknowledges the International Criminal Court’s (ICC) July 17, 1998, establishment date. 123 countries are listed as State Parties to the Rome Statute of the International Criminal Court. Of those, 25 are from countries in Western Europe and other countries, 28 are from countries in Latin America and the Caribbean, 33 are from countries in Africa, and 19 are Asia-Pacific States and 18 are from Eastern Europe.
For the prosperity and security of the citizens in every society, the rule of law and the prompt administration of justice are essential and, unfortunately, Pakistan lags behind. As the first and fundamental pillar of the state, it is crucial that the Parliament of Pakistan, including provincial assemblies, fulfils its constitutional responsibility to create new, sound law that serves the interests of its inhabitants. In addition, the judiciary (Supreme Court and High Courts) as the second active pillar of the state, should carry out its duties in accordance with the law, and it should interpret and apply the law without fear or favour, and most importantly, without delay the provision of justice at all levels up to the Supreme Court. Due to the constitutional mandate, these two institutions are primarily accountable for good governance, maintaining the rule of law, protection of human rights and they have the legal mandate and capacity can create the conditions for such things as social stability, equality of opportunity and good governance in Pakistan.
However, there is strong general perception among citizens that since 1947, Pakistan’s Parliament and judiciary have been unable to uphold citizens’ expectations for timely justice, good governance, the enforcement of citizens’ public and private rights, and the rule of law. As a result, Pakistan’s citizens have long held the belief that the promises made by our forefathers at the time of independence and later when the 1973 Constitution was passed have not been fulfilled; resultantly Pakistan has the lowest ranking in rule of law.
The outdated inherited British Colonial justice system, which dates back to 1860 and is still in place in areas of criminal, civil, and administrative justice, as well as a lack of political will, are some of the factors contributing to the aforementioned, and unfortunately no concrete effort has been made despite recommendations of many judicial commissions’ reports. Other factors include neglect of working in areas of legislative and judicial reforms, oversight & accountability, the backlog of cases budgetary allocations, public consultation, capacity improvement, legislative oversight over law enforcement agencies, and more. The absence of timely justice and effective governance has a negative impact on our citizens’ quality of life as well as our country’s ranking in terms of the rule of law relative to other nations, the economy, and prosperity.
There are further serious issues prevalent in our criminal justice system which primarily responsible for creating imbalance in the society and non observance of rule of law such as out dated law and procedures, corruption and lack of accountability and oversight, weak investigation and evidence collection, police capacities issues, prosecution effectiveness, inadequate forensic facilities, witness and intimidation protection, delay in trials, inequality and discrimination, inadequate regulatory enforcement, non-collaboration with stakeholders and including non -use of modern technology, and more importantly we legislated new Police Order 2002, and independent Prosecution laws but never tried to implement in their complete form, which non implementation has created an administrative vacuum as well over police accountability and efficiency.
Since the legislature and judiciary and especially the Supreme Court and High Courts being the Superior Courts of the country along with the executive branch, are accountable for ensuring good governance and prompt justice, they must act right away to implement legislative and judicial reforms that include minimal court procedures and an equitable and transparent elevation system in the superior courts and district judiciary. There is an urgent need to take action in the areas of legal aid, legislative oversight, human rights protection, alternate dispute resolution, case management and prioritization, public awareness and legal literacy, and actions to safeguard fundamental rights. Additional action is also needed to strengthen accountability and combat corruption.
Priority initiatives should focus on justice and fairness, social stability and security, increased judicial capacity, effective specialized courts for heinous crimes, effectiveness of investigations, accessibility of courts, availability of legal aid, and the swift and equitable resolution of civil disputes. We must immediately review our criminal, civil, and administrative laws and procedures to spot any out-of-date or problematic components.
To put these reforms into effect, a comprehensive and well-coordinated effort including the legislative branch, the judicial branch, the executive branch, the legal community, civil society, and the general public will be required. It is crucial to provide long-term commitment, adequate resources, and regular monitoring and evaluation in order to track progress, address emerging challenges, and make Pakistan an excellent example of a nation that maintains the rule of law. Reform legislation should aim to improve due process, protect individual rights, and comply with international human rights standards. It should go without saying that maintaining the rule of law is always crucial for Pakistan since it sets the road for a fair, just, and prosperous society.
—The writer is practicing Advocate of Supreme Court. He has earlier served as Chairman Customs, Excise and Sales Tax Appellate Tribunal, Senior Advisor Federal and Tax Ombudsman.
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