Delay Defeats Criminal Justice In Pakistan
“Delay defeats justice” is a phrase repeatedly used by the judges in Pakistan in their judgments but hardly addressed. Inexpensive and expeditious justice is a constitutional mandate as per Article 37(d) of the Constitution of the Islamic Republic of Pakistan 1973. The dispensation of criminal justice in Pakistan takes a long recourse from the court of first instance until the final disposal of a case by the apex court of Pakistan i.e., the Supreme Court. Parties to the litigation remain entrenched in criminal litigation for excruciating long time. The Supreme Court of Pakistan in the case of State versus Gulzar Muhammad[1] observed that the delay of 15/16 years in cases after the submission of challan in the trial court in the conclusion of the trial could not be explained away on any hypothesis. It is a good ground for quashment of the proceedings. In this study I have tried to discuss major causes of delays in the criminal matters in courts in Pakistan in the light of the decisions of the Supreme Court of Pakistan. Part I deals with the brief introduction about criminal justice system of Pakistan. Part II highlights various causes and hurdles which taint the criminal justice process with protracted litigation and leave the parties, police, prosecutors and even courts in limbo for sufficient length of time. Part III deals with the recommendations to curb delays and adoptive measures for improvement and refinement of the criminal justice system. PART I CRIMINAL JUSTICE SYSTEM IN PAKISTAN. Criminal justice system in…