Criminal Justice System in Islamabad Fails as Over 18,000 Cases Remain Pending
The criminal justice system in Islamabad, Pakistan, is facing severe criticism due to over 18,000 pending cases. According to a report by Pakistan-based Dawn, a majority of suspects involved in these cases have been able to avoid punishment due to archaic laws, weak prosecution, and flawed investigation. This alarming situation has resulted in a lack of faith in the system and has raised concerns about the fairness and effectiveness of justice in the capital city.
The statistics provided by the court reveal that there are 9,369 pending criminal cases in the Sessions Division (West) of Islamabad, while the Sessions Division East has a total of 8,660 pending cases. This brings the overall number of pending cases in Islamabad to a staggering 18,029.
In 2023, the sessions court convicted suspects in 1,143 cases; however, in 661 cases, the convicts were acquitted through appellate forums primarily due to weak prosecution in the trial courts. This highlights a significant flaw in the system and undermines efforts to ensure justice for the victims. Additionally, the number of acquittals in rape cases is particularly alarming, with suspects evading punishment in more than 80% of cases due to flawed investigations, weak prosecution, and out-of-court settlements.
Legal experts believe that one of the reasons behind the increasing number of pending court cases is the reliance on centuries-old laws. The investigation agencies, prosecution, and courts still rely on outdated legal frameworks that do not meet the demands of modern times. The Supreme Court and the Islamabad High Court have consistently pointed out the prosecution’s failure, even in high-profile cases. Justice Aamer Farooq of the Islamabad High Court recently highlighted the government’s inability to improve the criminal justice system and emphasized the need for re-engineering its processes.
The court has suggested that modernizing the justice system through changes in law and the use of information and communications technology can revolutionize the system. The use of modern technologies and even artificial intelligence can expedite the dispensation of justice. However, the current laws, including the Criminal Procedure Code framed almost 140 years ago, have failed to keep up with technological advancements. This causes inefficiencies and delays in the delivery of justice.
The Prosecutor General of the Anti Narcotics Force (ANF), Raja Inam Ameen Minhas, has highlighted that litigants are losing faith in the criminal justice system due to weaknesses and shortcomings in the judicial branch, as well as flawed investigations and weak prosecutions. Minhas suggests amendments in relevant statutes to establish a proper prosecution department in Islamabad and improve coordination between the investigation and forensic teams. Introducing modern technology in criminal trials and providing capacity building for judicial officers are also essential steps to address the shortcomings in the system.
The mounting number of pending cases and the flaws within the criminal justice system in Islamabad raise serious concerns about the fairness and efficiency of the system. Reforms are urgently needed to ensure that perpetrators are held accountable, victims receive justice, and public faith is restored in the legal system. It is crucial for the authorities to address the weaknesses in investigation, prosecution, and laws to create a more effective and reliable criminal justice system in Islamabad. Failure to do so can perpetuate a cycle of impunity and erode trust in the system.