Reforms in Law and Courts Administration (RLCA)
The concept is leading to the facts that since the known civilization of mankind – peace, harmony, cohesion and justice in a society lead to development and prosperity of the people of that society. Peace in a society could only be sustained by providing economic and social opportunities to the people without any discrimination. These objectives can only be achieved through unabated democratic process, rule of law and independent judiciary. Unfortunately, such norms and principles seem to be lacking, if not totally absent in our society.
In the past history of improvement of our Governments made in the sector of law but sector of Trial Courts administration of justice and law related thereto has been totally ignored. Trial Courts are aimed at providing speedy and free justice at the doorsteps of the people. For this purpose, drastic reforms in judiciary must be initiated in conformity with the requirements of the country and contemporary legal practices of the civilized states in the given field. The basic role of Trial Courts is to provide justice at the grass roots level, whereas, the High Courts and Supreme Court have more of a constitutional, appellate and review roles respectively.
The indifferent attitude of the society has created an environment that is prone to corruption and inefficiency of the judiciary. The HRGP Research Institute [IHRA] prepared basic outline OR pre script of the legal framework of the concept reforms of Trial Courts and administration of justice in Pakistan. The concept is based on reforms in procedures, penalties, documentation, professionalism, paralegal training program in both civil and criminal administration of justice.
In view of the above summary discussions the brief description of the concept is to design an improved system in the present conditions of Trial Courts advancing administration of justice in Pakistan. Judicial reforms and administration of trial courts means and includes that Trial Courts made under the Jury System. (The peoples court and people verdict), free from all pressure of high ups or bureaucratic procedures and free from corruption in order to provide justice to the people free and at their doorsteps without undue delay. The concept reforms will assist in development of sound legal framework of trial courts in Pakistan. The concept is based on the following reforms.
- The Criminal and Civil Courts Administration of justice be separated.
- Introduction of Jury System in Courts of Criminal Administration of Justice.
- Provision of Judicial Complex of Criminal Courts annexed with each Prison.
- Reforms of FIR as to unnamed, pre-investigation/after investigation arrests.
- Reforms in law of Witness in Criminal Administration of Justice.
- Reforms in Prisons-Administration under Judiciary and or Justice Department.
- Reforms in Prison Police-Changed into Judicial Police.
- Judicial Police under direct administration of District Judiciary.
- Judicial Complexes of Civil Administration of Justice in Town/Tahsil/District.
- Establishment of Mediation Courts – Basic Courts of small causes in U/C.
- DHRT Court – Special Courts in District for safeguarding HR Rights of individuals.
- All other Special Courts de regulated/abolished.
- Sale of tamps papers and its documentation registration.
- Professionalism and paralegal training programs.
- Media reporting professional training programs Judicial Reporting.
- And other related law and procedures.
- Draft Legislation of Reforms placed before the legislative bodies.
Goal to be Achieved
The goal to be achieved by the concept is that to inculcate sense of participation and awareness amongst the masses in the process of providing justice. In practical process of the concept the essential goal to be achieved that the formation and function of the Trial Court be made under the Jury System (people court – peoples verdict). Free from the pressures of high ups or bureaucratic procedures and corruption and to provide justice to the people free and at their doorsteps.
The concept in practice will not only benefit to the rule of law in the society but it will also create sense of confidence and trust for the state institutions amongst the common people. This two point agenda of the nation can not be achieved unless our society have skilled and efficient manpower, transparent, free from administrative blocks, free from undue delay, cost effective, which shall be seen and felt justice in our judicial system.
This is for the notice of the reader that this is only a concept paper. The research paper thereon is the intellectual property of HRGP and can only be read and disclosed by the writers and/or any other person with the written permission of the writers.