Describe various procedures and problems of Criminal Courts in Pakistan.

Introduction

Criminal courts are an integral part of the criminal justice system. They ensure the provision of justice to the common people. Criminal courts deal with criminal and heinous offences committed by offenders, and they act through various steps. A case starts with the submission of the FIR report to the court, and then the proceedings commence. After that, the accused is charged. He is examined and re-examined, and the testimony of the witnesses is checked. Then the defence is heard, and at the end the verdict is given. Criminal courts face various problems during criminal proceedings.

Procedures of criminal courts in Pakistan

The procedure has six stages: submission of the report, commencement of proceedings, framing of charges, opportunity to the accused, argument, and verdict or judgement. A criminal trial moves as follows: submission of the challan → summoning of witnesses → framing of charges → examination-in-chief → cross-examination → re-examination → judgement → appeal → final judgement (sentence).

1. Submission of FIR report by police. The FIR is registered under Section 154 of the Code of Criminal Procedure (CrPC) 1898 and reaches the court. Court proceedings then start against the accused person.

2. Commencement of proceedings. Proceedings start when the challan is submitted to the court. The magistrate may grant up to 14 days' remand to collect evidence, and a report is submitted to the court for opening the criminal proceedings.

3. Framing of charges. Charges are framed against the accused on the prosecution's case. The defence attorney then provides evidence in support of the accused to nullify the charges.

4. Opportunity to the accused to tender his statement. An accused has the right to be defended by a legal practitioner under Article 10 of the 1973 Constitution. Defence arguments are given on his behalf by his lawyer.

5. Argument. Arguments are then given by the lawyer of the accused to prove his innocence.

6. Verdict and judgement given by the court. After examination, cross-examination and re-examination, a final judgement is given in the case. If the accused is proved guilty of the offence, he is sentenced to a penalty, life imprisonment or death, depending on the type of crime he committed.

Problems of criminal courts in Pakistan

1. Limited number of judges for resolving cases. A limited number of judges are available for an unlimited number of cases. Millions of cases are pending in Pakistan's courts, largely because of the shortage of judges.

2. Lack of staff and digital practice. There are few judges and little lower staff. This creates obstacles in the smooth delivery of justice. Digital infrastructure to speed up trials is also not available. E-courts should be introduced to relieve the burden on understaffed judges.

3. Few correctional and rehabilitation centres for reintegrating prisoners. Limited financial resources and outdated laws hinder the formation of more correctional and rehabilitation centres, which would help prisoners learn good behaviour.

4. Communication gap between the public prosecutor and the police. There is a communication gap between the public prosecutor and the police in conducting cases in court. This further delays cases and breaks the chain of evidence.

5. Low conviction rate due to poor investigation. Investigation in Pakistan is poor because of corruption, external pressure and limited resources. This lowers the conviction rate, which is harmful for society.

6. Delay in examining cases and their completion. Cases remain pending in the courts for long periods. There is no fixed time for their completion in Pakistan, and trials hang in the courts because judges are not available.

7. Role of influential leaders in sidelining other cases. Ordinary cases are sometimes sidelined by the cases of influential leaders, which get media coverage and speedy trials. Nawaz Sharif was given parole to attend his wife's funeral, and political leaders like Imran Khan have been given more attention for smooth trials. During the Panama Papers case, other cases were sidelined.

8. Absence of rule of law and corruption in the judiciary. Pakistan ranks near the bottom of the World Justice Project Rule of Law Index, around 130th of 142 countries. This means the rule of law is not truly enforced in the country. It hampers the judiciary's efficiency, as corrupt practices are adopted for self-interest.

Conclusion

Criminal courts are formed to provide speedy trials and justice to the common masses. Their procedure involves the submission of the report, commencement of proceedings, framing of charges and the final judgement by the judge. Criminal courts in Pakistan face various problems, such as the absence of rule of law, corruption, limited staff and judges, a communication gap between prosecution and police, and a low conviction rate.