The Urgent Call for Judicial Reform in Pakistan: A Path Toward True Justice and Peace

As an advocate, my name is Nouman Munawar Abbasi, and I am presenting this article to share my views on the critical importance of peace and justice, particularly in the context of Pakistan’s judiciary. The presence of peace and justice is fundamental for any society’s prosperity, stability, and well-being. These values create an environment where individuals can thrive, societies can function cohesively, and nations can achieve long-term peace. On the contrary, their absence fosters corruption, inequality, and social unrest.

Peace and justice are not only emphasized in the religious and moral teachings of Islam but are also underscored by Western philosophers and scholars. Yet, despite Pakistan’s origins as a nation aspiring to uphold these ideals, it remains entrenched in political instability, systemic corruption, and inefficiency within its judiciary.

Pakistan’s judicial system, specifically its higher courts, has been frequently criticized for its inability to administer justice efficiently and impartially. From the very conception of the nation, Pakistan was envisioned as a state founded on justice and equality. Unfortunately, the judiciary has often faltered, contributing to a lack of public trust and confidence. Despite the potential of Pakistan’s judicial system to bring about meaningful change, it remains plagued by delays, inconsistencies, political interference, and lack of accountability. In this article, I critically examine the importance of peace and justice, the role of Islamic teachings and Western perspectives on these principles, and the significant shortcomings of Pakistan’s courts, with particular attention to the flaws and worst decisions that have only exacerbated the nation’s ongoing crisis.

In Islam, peace and justice are not merely ideals—they are commandments from Allah (SWT). The Quran emphasizes justice as a central tenet for establishing peace both within the community and in dealings with others. Surah Al-Baqarah (2:256) states: “Let there be no compulsion in religion, for the truth stands out clearly from falsehood. So whoever renounces false gods and believes in Allah has certainly grasped the most trustworthy, unfailing hand-hold. And Allah is All-Hearing, All-Knowing.” This verse not only establishes the principle of justice in religious affairs but also underscores the broader idea of equity and fairness in society. Justice is not just a legal responsibility; it is an act of faith and an expression of ethical living.

The Quran further stresses justice in governance and the conduct of rulers. Surah Al-Nisa (4:58) commands: “Indeed, Allah commands you to render trusts to whom they are due and when you judge between people, judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” These divine instructions emphasize the responsibility of leadership and governance to uphold justice, ensuring that societal relations are rooted in fairness and equity. The importance of justice in Islam is reiterated in multiple places, including in the famous hadith narrated by the Prophet Muhammad (PBUH), who said: “The just will be seated upon pulpits of light. Those who are just in their rulings, with their families, and those who are under them.” (Sahih Muslim)

In this hadith, the Prophet Muhammad (PBUH) shows the merit of justice by illustrating its spiritual reward—those who practice fairness and impartiality are honored in the hereafter.

Western philosophers, from Aristotle to John Rawls, have long recognized the importance of justice and peace. Aristotle, in Nicomachean Ethics, posited that justice is the highest virtue in a society and is essential for creating a well-functioning community. For Aristotle, justice was synonymous with fairness, ensuring that people were treated equally and that societal structures were maintained without favoritism.

John Rawls, a modern philosopher, in his book A Theory of Justice, emphasized the notion of “justice as fairness.” Rawls argued that in a just society, inequalities should only exist if they benefit the least advantaged members of society. This idea resonates with Islamic principles of equity and fairness and reflects the importance of balancing individual rights with collective welfare.

Immanuel Kant, a foundational figure in Western ethics, argued that justice and peace were inseparable. He believed that the right to peace is inherently tied to the right to justice. Kant’s moral philosophy maintains that individuals must act according to principles that could be universally applied—emphasizing the importance of fairness in every legal decision.

Despite the importance of justice as outlined in both Islam and Western thought, Pakistan has repeatedly failed to deliver justice to its citizens. The nation’s courts, particularly the higher judiciary, have become the subject of intense criticism. The judicial system, which should act as a safeguard for the public and a vehicle for restoring peace, often fails to live up to its constitutional and moral responsibilities.

One of the most glaring issues plaguing Pakistan’s higher courts is the long delay in delivering justice. Cases in the Supreme Court and High Courts have been known to take years, and in some cases, decades to reach a verdict. The backlog of cases continues to grow, and this delay in justice undermines the credibility of the judicial system. An example of this can be seen in the Asma Jehangir Case (2013), in which the proceedings for human rights violations went unresolved for many years, despite the fact that the issue was of significant public interest.

Another significant issue that mars the reputation of Pakistan’s higher judiciary is its vulnerability to political influence. There have been numerous cases where the judiciary has been accused of yielding to political pressures or aligning itself with political forces, thereby compromising its impartiality. One of the most controversial and widely criticized moments in Pakistan’s judicial history was the 2007 Judicial Crisis, when the then-President Pervez Musharraf dismissed Chief Justice Iftikhar Muhammad Chaudhry, a move that led to widespread protests across the country and was seen as a violation of judicial independence. The subsequent restoration of the judiciary in 2009, following immense public pressure, was a critical moment in the fight for judicial autonomy.

Another infamous and contentious decision by Pakistan’s judiciary was the Zulfikar Ali Bhutto Case in the 1970s. Bhutto, the former Prime Minister, was sentenced to death by hanging in a trial that many viewed as politically motivated. The verdict was criticized for its lack of due process and failure to adhere to the principles of justice. The decision remains one of the darkest moments in Pakistan’s judicial history and has sparked debates about the impartiality of the judiciary.

In recent times, the 2016 Panama Papers case involving former Prime Minister Nawaz Sharif became another highly contentious case. Despite evidence of financial wrongdoing, the final verdict from the Supreme Court of Pakistan was seen by many as politically motivated and insufficient in addressing the corruption charges. Critics argued that the decision lacked clarity and did not hold the accused accountable in a manner that would inspire public confidence in the legal system.

The inconsistency in the rulings of Pakistan’s higher courts is another issue that has eroded public trust. Legal consistency is critical in ensuring that the judiciary is perceived as fair and just. However, in many instances, the higher courts have delivered conflicting judgments in similar cases, leading to confusion and a perception of favoritism. This was evident in cases related to political corruption, where the same set of facts often led to different outcomes depending on the individuals involved.

The practice of adjournments has also contributed to the backlog of cases. It is common for lawyers or judges to request adjournments, often for reasons that do not seem urgent. This practice, while sometimes necessary, is used excessively in many instances, prolonging legal proceedings unnecessarily. This further delays the delivery of justice and exacerbates the frustration of litigants, who are left waiting for years to have their cases heard.

Additionally, the lack of adequate legal aid for the underprivileged further deepens the divide between the rich and the poor in Pakistan’s judicial system. While the wealthy can afford to hire experienced lawyers and secure timely justice, those from marginalized communities struggle to access even basic legal services. The absence of a robust legal aid system means that many individuals cannot afford the legal representation they need to secure justice. This systemic inequality perpetuates a culture of injustice, where the powerful are able to manipulate the system to their advantage while the poor remain helpless.

Another factor contributing to the diminished reputation of Pakistan’s higher courts is the politicization of judicial appointments. In many instances, judges have been appointed based on political affiliations rather than merit, which raises questions about the judiciary’s independence. When judges are appointed based on political considerations, their impartiality is compromised, and the judicial system becomes less effective at holding those in power accountable. This undermines public faith in the courts and diminishes their ability to serve as true defenders of justice.

The failure to address the root causes of these problems has led to Pakistan’s lower rankings in international indices related to justice and governance. The World Justice Project’s Rule of Law Index consistently ranks Pakistan poorly in terms of access to justice, due process, and accountability. The country’s low position in such rankings reflects not only the dysfunctionality of its judicial system but also its inability to ensure a just and peaceful society for its citizens.

The role of Pakistan’s judiciary in shaping the nation’s future cannot be overstated. Courts are meant to be impartial arbiters, ensuring that justice is served fairly and consistently. However, in Pakistan, the failure to address critical issues within the judicial system has contributed to the continued instability and unrest that plagues the nation. Without meaningful reforms, the judiciary will continue to be seen as a hindrance to progress rather than a vehicle for justice.

The lack of judicial accountability is another significant issue. While the higher courts in Pakistan are theoretically the highest authorities in the legal system, they are rarely held accountable for their actions. Judges often face minimal scrutiny, even when their decisions or conduct are called into question. The absence of an effective mechanism for holding judges accountable for misconduct or inefficiency is a serious flaw that undermines the integrity of the judicial system.

To address these systemic issues, Pakistan’s judiciary must undergo comprehensive reforms. There must be a focus on improving the efficiency of the courts by reducing delays, increasing transparency, and ensuring that judges are held accountable for their actions. Political influence in judicial appointments must be

eliminated, and a merit-based system should be established to ensure that the most qualified individuals serve on the benches. Legal aid should be made available to those who cannot afford it, ensuring that justice is accessible to all. Additionally, the courts must work to restore public confidence by delivering consistent, impartial, and timely judgments.

The political leadership of Pakistan must also play a role in fostering a more just and peaceful society. Politicians must prioritize the rule of law, support judicial reforms, and ensure that the judiciary remains independent and free from political interference. A collaborative approach between the executive, legislative, and judicial branches is necessary to create a system where justice is not delayed, and peace is not just an ideal but a reality for all citizens.

In conclusion, the judiciary plays a critical role in shaping the future of Pakistan. However, the continued failure of the higher courts to deliver timely, impartial, and consistent justice has undermined the country’s ability to achieve peace and prosperity. For Pakistan to move forward and achieve its potential, the judiciary must undergo significant reform. Until these changes are made, Pakistan will continue to struggle with its quest for peace, justice, and stability.

*