Iycee Charles de Gaulle Summary The cases per month as standard legal

The cases per month as standard legal

The Court Survey was completed in
January to march in 2017 in districts of Bahawalpur. It was mainly a perception
survey to understand the views of the court users on different issues related
to present justice system.

The survey has considered four types
of court users for interview who are the main stakeholders of the system. They
are court-service recipients, judges, lawyers and state official (Proscuter/Attorny
and police etc). With four distinct questionnaires, the survey has conducted
the interviews of 20 court service recipients, 20 judges, 20 lawyers and 20
State official members altogether 80 in the model districts. The findings of
the survey shows that the highest 35 percent of lawyers have considered the
engagement with ? 10 number of cases per month as standard legal practices for
them. The highest 41.4 percent of state offical have rendered their opinions
for 12-24 month was taken for decided a case.The highest 70 percent of the
court service recipients have informed that they have returned from court for
3-4 times without having any service on the date of their cases. The perception
of court users on the awareness and knowledge on present facilities provided by
justice sector institutions is delineated in terms of many issues. It is
identical that 82.9 percent of judges? memberships have rendered their views
for no sufficient security facilities in the court complex. An amazing greater
section of lawyers? memberships (86.1 percent) have considered the lacking of
inquiry mechanism in the court. In same line, about 81.6 percent of clients
have demonstrated that there is no information inquiry mechanism at court
complex in comparison to that of 80.5 percent of judges and 72.9 percent of
police memberships. Almost all the court service recipients (98.4 percent) have
explored the deficiency of digital information communication in court along
with almost same views displayed by 97.6 percent of judges.

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The perception of court users on the
area and difficulties in justice sector institutions has been explored with
their extent and depth of incidences. Almost all the court service recipients
(97.3 percent) have considered that the bribery has an immense impact in
maneuvering justice in Pakistan. The highest 91.7 percent of court service
recipients have demonstrated the fact that justice system is influenced by
external pressure. Almost all of the court service recipients (96.7
percent) have supported the delay in providing investigation report by IO
police. It is an amazing finding that all of the judges? memberships (100
percent) have demonstrated the delay at police investigation following the
views of lawyers? memberships with 88.17 percent. It is an attention-grabbing
finding that about 78.6 percent of police memberships have identified the
medical and forensic investigation report as faulty which is used as evidence
at trial stage to convict the accused of high profile crimes like murders and
rapes. About 80 percent of court service recipients have reported the delay of
justice at hearing or taking evidence/examination at trial stage of criminal
procedures. It is a motivating finding that 100 percent of judges think that
the repeating production of time petition by defence counsel is responsible for
the delay of justice. Regarding external pressure on the justice system, more
than 50 percent of all court-users has identified the external pressure from
executive branch. Close to 60 percent of court service recipients, judges and
lawyers? memberships have supported the external pressure from judicial rank
and file while 45.7 percent of police memberships have rendered their views for
the external pressure from same quarter. It is interesting that more than 80
percent of clients have considered this external pressure from local variant
like social, political, business and culturally influential persons who are
able to influence the process. Almost all of the court service recipients (90
to 100 percent) have informed the fact that they use to bribe for bail,
delaying trial date, getting case papers, decreasing length of penalty, filing
false complain, issuing warrant, arranging false witness and complainant,
non-attending the case by prosecution, filing FIR, manoeuvring the charge sheet
and final report of the case, and in comparison to that extent, a some lower
proportion of them with 75 percent have reported to bribe for prison visit.
About 98 percent of clients have supported the lack of security arrangement and
healthy environment at court as a problem. About 95 percent of clients have
served their views with poor logistic support for court as a great deal of
difficulty while this is supported by all of the judges? memberships (100
percent). 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 and
qualification for IO police. The satisfaction of the court surveyed on many
services provided by the justice sector institutions is not found pleasing as a
whole. Although almost all the judges (about 95 percent) are found to have satisfaction
on the delivery of timely justice, however, about 50 percent of clients have no
satisfaction with the scenario. In the same manner, about 100 percent of judges
are found to have satisfaction regarding the services provided by the court
while about 52.2 percent of court service recipients surveyed disregards this
view of judges. State official (30 percent) are found satisfied with security
surveillance in the court complex. About 100 percent of clients have shown not
satisfaction on the health and hygiene Majority of the clients (90 percent) has
no satisfaction on the investigation of case by IO (police)-the fact is also
supported by about 40 percent of police memberships themselves. About 60
percent of clients (in favour of their relative prisoners) have no satisfaction
on the space for accommodation in prison.

The survey findings reflect a great deal
of difficulties in the justice justice system that delays the process and
hinders the grantee of fair and impartial justice for society. The policymakers
need to think a reform on how to lessen the frequency of cases before entering
into trial stage. In this milieu, a two-stage screening out process could be
adopted: one at the stage of FIR and before entering into the investigation by
police and the second at entering the cases into trial stage. Even the
prospects of some cases (general complains) at the trial stages could be
determined by the introduction of a process under which prosecution and defense
counsel are able to discuss the merits of the cases and thereafter can
recommend the outcome to court. This may be able to lessen the time of trial
for some cases. At present, delay of justice at investigation stage of cases
under police could be reduced by appointing more quality officers and along
with this, immediate establishment of an independent and separate investigation
wing at all Police Stations is suggested. For eliminating corruptions and
bribery, an all-out anti-corruption tracking course need to commence
immediately against the professionals involved in this sector. For reducing the
costs of clients, a lawyers pay commission needs to set up that will be able to
recommend a structure of grade and pay for lawyers in terms of their skills and
quality. A monthly survey is recommended to gather clients and community
perceptions on all related justice sector institutions (police, court, prison
and state officials etc) of Pakistan on their services to monitor the progress
of the justice situation. Policy makers also need to think about how to increase
community participation and civil society engagement in the process.