The point of discussion of this paper is to have a detailed overview of the criminal justice system of Pakistan. It begins with the understanding of the criminal justice system as a general. I would briefly dilate upon several components that constitute and become part and parcel of the criminal justice system of Pakistan; and of course, the objectives of the criminal justice system. Also, this paper penned down the stages of crime.
Principles arising out of various case laws related to the administration of justice have been provided. Also, the legal basis of the criminal justice system of Pakistan will be laid down. This paper will explain the landmark criminal case: Mst. Sughran Bibi v The State. I would not have done justice to the subject-matter of the case in hand had if I not touch the topic of F.I.R as this case has direct relevance to the concept of F.I.R. I would throw light upon the judgment with regard to the rule of law and its impact on the judicial system of Pakistan. Furthermore, it will be discussed how the current system is flawed. In addition to that this paper will do a comparison between criminal justice of Pakistan with developed states. In the end, it’ll give a hand full of recommendations to reform the criminal justice system of Pakistan. Relevant case laws have been cited.
Table of Contents
Part I: INTRODUCTION
CRIMINAL JUSTICE SYSTEM
OBJECTIVES
Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN
PILLARS
ADVERSARIAL SYSTEM
i. Police
ii. Prosecution
iii. Court
LEGAL FRAMEWORK
STAGES OF A CRIMINAL CASE
ADMINISTRATION OF CRIMINAL JUSTICE
Part III: CASE STUDY
Mst. Sughran Bibi versus The State
WHAT IS F.I.R?
RECORDING OF SECOND F.I.R
BRIEF FACTS OF THE CASE
POINTS OF LAW DECLARED BY THE JUDGEMENT
PART IV: CASE ANALYSIS & PRINCIPLES OF RULE OF LAW
THE SUGHRAN BIBI CASE AND ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN
PART V: COMPARATIVE STUDY OF CRIMINAL JUSTICE SYSTEMS WORKING IN LEADING COUNTRIES OF THE WORLD
PART VI: REFORMING CRIMINAL JUSTICE SYSTEM
CONCLUDING REMARKS
Objectives and Research Themes
This paper provides a critical analysis of the criminal justice system of Pakistan, examining its adherence to the rule of law with a specific focus on the landmark judgment in the case of Mst. Sughran Bibi v The State. The study explores the legal framework, procedural challenges, and the necessity for judicial and systemic reforms to ensure efficient and equitable justice.
- Overview of the components and objectives of the criminal justice system in Pakistan.
- Detailed analysis of the First Information Report (F.I.R) and the legal constraints regarding second F.I.R registrations.
- Evaluation of the judicial system's performance and the role of precedents in strengthening the rule of law.
- Comparative analysis of criminal justice practices in developed nations versus Pakistan.
- Formulation of practical recommendations to improve police accountability, judicial speed, and procedural integrity.
Excerpt from the Book
WHAT IS F.I.R?
A First Information Report is a well-known technical description of a report under section 154 of the Code of Criminal Procedure (V of 1898), giving first information of a cognizable offence. F.I.R. is usually made by the complainant or someone on his behalf. In cognizable offences, law is set in motion by virtue of lodging First Information Report. It is simply information for commission of an offence to move the concerned agency. It is not essential for complainant to give all details regarding commission of offence in F.I.R.
Summary of Chapters
Part I: INTRODUCTION: Provides a foundational definition of the criminal justice system and outlines its primary objectives, including the protection of citizens and the enforcement of the rule of law.
Part II: CRIMINAL JUSTICE SYSTEM OF PAKISTAN: Details the three pillars of the Pakistani legal system, the adversarial process, and the specific roles of police, prosecution, and courts within the legal framework.
Part III: CASE STUDY: Analyzes the landmark Sughran Bibi v The State case, clarifying the legal procedures and restrictions surrounding the registration of First Information Reports.
PART IV: CASE ANALYSIS & PRINCIPLES OF RULE OF LAW: Discusses the constitutional commitment to the rule of law and provides a comparative situational analysis of Pakistan’s global rankings in justice and security.
THE SUGHRAN BIBI CASE AND ITS IMPACT ON THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN: Evaluates how the Supreme Court's ruling in the Sughran Bibi case contributes to the protection of human rights and addresses issues of systemic delay.
PART V: COMPARATIVE STUDY OF CRIMINAL JUSTICE SYSTEMS WORKING IN LEADING COUNTRIES OF THE WORLD: Explores different global models of criminal justice, including those of the USA, UK, Germany, France, and Australia, to provide context for potential improvements.
PART VI: REFORMING CRIMINAL JUSTICE SYSTEM: Presents a comprehensive list of actionable recommendations for reforming the police, judiciary, and penal systems in Pakistan.
CONCLUDING REMARKS: Offers a final perspective on the existence of law in Pakistan, arguing that despite systemic flaws, the judiciary remains a vital institution for the country's progress.
Keywords
Criminal Justice System, Pakistan, Rule of Law, Sughran Bibi case, F.I.R, Judiciary, Police Reforms, Adversarial System, Human Rights, Legal Framework, Criminal Procedure Code, Judicial Precedent, Prosecution, Witness Protection, Justice.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper focuses on the criminal justice system of Pakistan, specifically analyzing the challenges it faces and how it strives to implement the principles of the rule of law.
What is the significance of the Sughran Bibi case?
The case is a landmark judgment that clarified the legal standing of the registration of a second First Information Report (F.I.R) for the same incident, aiming to prevent systemic abuse.
What are the three pillars of the criminal justice system in Pakistan?
The three pillars are the investigation by police, the prosecution, and the trial by the courts.
What does the author suggest for reforming the police department?
The author advocates for depoliticization, improved accountability, better moral training, and the modernization of investigative technology.
How is the criminal justice system in Pakistan compared to other countries?
The paper compares Pakistan's adversarial system with those of nations like the US and UK, and the inquisitorial systems of France and Germany, to highlight best practices for improvement.
What is the role of an F.I.R?
An F.I.R serves as the initial information provided to the police regarding the commission of a cognizable offence, setting the legal machinery in motion.
Does the author believe there is a lack of law in Pakistan?
The author disagrees with the common perception that there is "no law" in Pakistan, arguing that while the system is often weak or slow, the legal framework itself exists and operates.
How can the judiciary reduce case backlogs?
The author suggests appointing more judges, limiting oral arguments in favor of written ones, and discouraging frequent adjournments of hearings.
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- Fatima Tariq (Autor), 2020, Criminal Justice System of Pakistan, Múnich, GRIN Verlag, https://www.grin.com/document/515028
