The cases per month as standard legal
The Court Survey was completed inJanuary to march in 2017 in districts of Bahawalpur. It was mainly a perceptionsurvey to understand the views of the court users on different issues relatedto present justice system. The survey has considered four typesof court users for interview who are the main stakeholders of the system. Theyare court-service recipients, judges, lawyers and state official (Proscuter/Attornyand police etc).
With four distinct questionnaires, the survey has conductedthe interviews of 20 court service recipients, 20 judges, 20 lawyers and 20State official members altogether 80 in the model districts. The findings ofthe survey shows that the highest 35 percent of lawyers have considered theengagement with ? 10 number of cases per month as standard legal practices forthem. The highest 41.4 percent of state offical have rendered their opinionsfor 12-24 month was taken for decided a case.The highest 70 percent of thecourt service recipients have informed that they have returned from court for3-4 times without having any service on the date of their cases. The perceptionof court users on the awareness and knowledge on present facilities provided byjustice sector institutions is delineated in terms of many issues. It isidentical that 82.
9 percent of judges? memberships have rendered their viewsfor no sufficient security facilities in the court complex. An amazing greatersection of lawyers? memberships (86.1 percent) have considered the lacking ofinquiry mechanism in the court. In same line, about 81.6 percent of clientshave demonstrated that there is no information inquiry mechanism at courtcomplex in comparison to that of 80.5 percent of judges and 72.9 percent ofpolice memberships.
Almost all the court service recipients (98.4 percent) haveexplored the deficiency of digital information communication in court alongwith almost same views displayed by 97.6 percent of judges. The perception of court users on thearea and difficulties in justice sector institutions has been explored withtheir extent and depth of incidences. Almost all the court service recipients(97.
3 percent) have considered that the bribery has an immense impact inmaneuvering justice in Pakistan. The highest 91.7 percent of court servicerecipients have demonstrated the fact that justice system is influenced byexternal pressure. Almost all of the court service recipients (96.
7percent) have supported the delay in providing investigation report by IOpolice. It is an amazing finding that all of the judges? memberships (100percent) have demonstrated the delay at police investigation following theviews of lawyers? memberships with 88.17 percent. It is an attention-grabbingfinding that about 78.6 percent of police memberships have identified themedical and forensic investigation report as faulty which is used as evidenceat trial stage to convict the accused of high profile crimes like murders andrapes. About 80 percent of court service recipients have reported the delay ofjustice at hearing or taking evidence/examination at trial stage of criminalprocedures.
It is a motivating finding that 100 percent of judges think thatthe repeating production of time petition by defence counsel is responsible forthe delay of justice. Regarding external pressure on the justice system, morethan 50 percent of all court-users has identified the external pressure fromexecutive branch. Close to 60 percent of court service recipients, judges andlawyers? memberships have supported the external pressure from judicial rankand file while 45.
7 percent of police memberships have rendered their views forthe external pressure from same quarter. It is interesting that more than 80percent of clients have considered this external pressure from local variantlike social, political, business and culturally influential persons who areable to influence the process. Almost all of the court service recipients (90to 100 percent) have informed the fact that they use to bribe for bail,delaying trial date, getting case papers, decreasing length of penalty, filingfalse complain, issuing warrant, arranging false witness and complainant,non-attending the case by prosecution, filing FIR, manoeuvring the charge sheetand final report of the case, and in comparison to that extent, a some lowerproportion of them with 75 percent have reported to bribe for prison visit.About 98 percent of clients have supported the lack of security arrangement andhealthy environment at court as a problem.
About 95 percent of clients haveserved their views with poor logistic support for court as a great deal ofdifficulty while this is supported by all of the judges? memberships (100percent). Almost all of the court service recipients and police memberships((with above 90 percent) have considered the lack of skills of the IO (police).The most interesting fact is that all of the judges and lawyers memberships(100 percent respectively) have supported this limitation of skills andqualification for IO police. The satisfaction of the court surveyed on manyservices provided by the justice sector institutions is not found pleasing as awhole. Although almost all the judges (about 95 percent) are found to have satisfactionon the delivery of timely justice, however, about 50 percent of clients have nosatisfaction with the scenario.
In the same manner, about 100 percent of judgesare found to have satisfaction regarding the services provided by the courtwhile about 52.2 percent of court service recipients surveyed disregards thisview of judges. State official (30 percent) are found satisfied with securitysurveillance in the court complex. About 100 percent of clients have shown notsatisfaction on the health and hygiene Majority of the clients (90 percent) hasno satisfaction on the investigation of case by IO (police)-the fact is alsosupported by about 40 percent of police memberships themselves. About 60percent of clients (in favour of their relative prisoners) have no satisfactionon the space for accommodation in prison.The survey findings reflect a great dealof difficulties in the justice justice system that delays the process andhinders the grantee of fair and impartial justice for society. The policymakersneed to think a reform on how to lessen the frequency of cases before enteringinto trial stage.
In this milieu, a two-stage screening out process could beadopted: one at the stage of FIR and before entering into the investigation bypolice and the second at entering the cases into trial stage. Even theprospects of some cases (general complains) at the trial stages could bedetermined by the introduction of a process under which prosecution and defensecounsel are able to discuss the merits of the cases and thereafter canrecommend the outcome to court. This may be able to lessen the time of trialfor some cases. At present, delay of justice at investigation stage of casesunder police could be reduced by appointing more quality officers and alongwith this, immediate establishment of an independent and separate investigationwing at all Police Stations is suggested. For eliminating corruptions andbribery, an all-out anti-corruption tracking course need to commenceimmediately against the professionals involved in this sector.
For reducing thecosts of clients, a lawyers pay commission needs to set up that will be able torecommend a structure of grade and pay for lawyers in terms of their skills andquality. A monthly survey is recommended to gather clients and communityperceptions on all related justice sector institutions (police, court, prisonand state officials etc) of Pakistan on their services to monitor the progressof the justice situation. Policy makers also need to think about how to increasecommunity participation and civil society engagement in the process.
