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Samra Ahmad Friday, April 06, 2012 10:31 AM

draw backs of our judial system nd how can plz check and give comment for improvement
 
Judicial System is the system of law courts that administer justice and constitute the judicial branch of government. (Pandey 2009, p.939) Judicial system of Pakistan is made up of many courts differing in levels of legal superiority and separated by jurisdiction. (Pandey 2009, p.939) Some of the courts are federal in nature while others are provincial. (Pandey 2009, p.939) The purpose of the judicial system is to provide a system for interpreting and enforcing the laws and to provide a systematic, orderly, and predictable mechanism for resolving disagreements. (Hussain 2011 p.7) Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has said that the prime purpose of the judiciary is to interpret the constitution and provide speedy and quick justice to litigants so that law may take its course and governance may improve.(daily times Monday, March 26, 2012)
Pakistan’s judicial system stems directly from the system that was used in British India as on independence in 1947 (Siddiqui, 2010). The Government of India Act 1935 was retained as a provisional Constitution. As a consequence, the legal and judicial system of the British period continued, of course, with due adaptations and modifications, where necessary, to suit the requirements of the new Republic (Siddiqui, 2010).
The Supreme Court of Pakistan is the apex court and civil court is lowest court in the judicial hierarchy the court system in Pakistan is divided in primary categories, i.e.civil court and criminal court. (Hussain 2011 p.9) There is number of administrative and judicial tribunals workings of which are regularized by special laws. (Hussain 2011 p.9)
Like in all other third world countries, judiciary in Pakistan is sandwiched between dual pressure; one coming from the government and the other from the resultant public expectations (karim 2003, p.30).theoratiecally, under doctrine of sepration of powers judiciary is expected to be a neutral institution strictly enforcing laws and rules but in Pakistan some people expect judiciary to take over the role of opposition, a role that hardly suits the institution.( karim 2003, p.30) There is hardly an example of the judiciary having changed a regime on its own.( karim 2003, p.30).on the other hand the judiciary has failed to safeguard the fundamental liberties of the people in Pakistan.( karim 2003, p.30)what is lacking, therefore, is a balance in the exercise of power by the judicial authority.( karim 2003, p.31)
Due to major flaws in judicial system the delaying of justice through practices of the judiciary leads the Pakistani public at large to yearn for a different system altogether to provide arbitration when needed. What are the major flaws of Pakistan judiciary, how can it be improved and how will rule of law be implement after improving the broken judiciary. I will discuss these points in coming essay as outlined:
Outlines:
1) Some Interesting Facts on Pakistan Judicial System
2) What are major flaws in judicial system
3) Military rule
4) Executive pressure on judiciary
5) Judicial involment in political realm
6) Judiciary crises and politics affecting Pakistan economy?
7) How can system be improved
A. Independence of judiciary
B. Sepration of power
C. Rule of law
8) Conclusion
According to a 2002 survey, 96 percent of respondents who had contact with the lower courts had encountered corrupt practices, mainly by court officials. (The Critic’s Blog, Sunday, March 22, 2009).In Punjab, more than 770,000 civil and criminal cases are pending (2007). (The Critic’s Blog Sunday, March 22, 2009).English is the official language of the justice system even though 98 percent of the population does not understand it. (The Critic’s Blog Sunday, March 22, 2009). The poor in villages turn instead to the local panchayat, an informal system of dispute resolution. (Daily times Jan 2.2012, p 5) While the Supreme Judicial Council, the judiciary’s highest disciplinary body, is willing to accept ‘information’ about the corruption of judges from the police and media, it reserves the right to take ‘direct action’ against the originator of any complaint that it finds ‘false, frivolous, concocted or untrue’. (Daily times Jan 2.2012, p 5)This paves the way for corrupt judges to escape scrutiny and disciplinary action. (Daily times Jan 2.2012, p 5)
The judicial reform programme fails to address the opaque appointment and promotion system for judges. The government’s unwillingness to provide increased resources to improve salaries and infrastructure also reduces the impact of reforms. ([url]Www.Transparency.org).Ratio[/url] of cases pending in NWFP courts since November 3, 2007 has doubled due to the lawyers’ movement for restoration of the pre-November 3 judiciary. The total number of cases pending at the Supreme Court Peshawar and Federal Shari at Court Peshawar benches, Peshawar High Court (PHC), and subordinate courts has risen to 42,667 since November 3, 2007. ( Zahid, 2008).In the Lahore High Court, a total of 75,195 cases, in the High Court of Sindh, 27,291 cases, in Peshawar High Court, 13,610 cases and in the High Court of Balochistan, 2445 cases were pending on 1st January 2007.( Zahid, 2008)
A recent Heinrich Boll Foundation survey of a representative sample of Pakistani university youth reveals that The average Pakistani is fed up with the current judicial process because it is so lengthy; one case can take up to 10 years before reaching its conclusion. (Panhwer, Skeffington 2009)
Corruption and bribery exist on such extreme and wide spread levels. (Panhwer, Skeffington 2009) If you need something done, it’s much easier to pay your way out of it. For example, suppose you get a traffic ticket of some sort. The police will take the offender’s driving license, issue a ticket, and instruct the offender to go to xyz location to pay the ticket and get the license back. The problem is that when the offender goes to pay the ticket there would be forms and such an archaic way of handling the small issue that it is just much easier to pay the police money (that he personally keeps) and not get a ticket in the first place. You can substitute any problem in place of the police example, and this is how much chaos you have to deal with all of the time. Systems are improving, but even still, it will take quite a while for the mentality of bribery and corruption to change. No one takes laws seriously from those laws that do exist. (Panhwer, Skeffington 2009)
Problems in court system:
The range of problems in judicial courts is inadequate magistrates & Inefficiency or shortage of court personnel, e.g. the bailiff. Court administrative process does not lend itself to efficiency in the execution of the cases as outlined: (Hassan shah, 2007.p 67)
• When documents are filed at the Magistrate’s Court, the process of obtaining the Magistrate’s signature in order to allocate a date for the customers to appear takes far too long (normally 21 days). ( Hassan shah, 2007.p 67)
• When a committal is filed, there is an overwhelming delay before the customer is served (internal examples date back to January 2003). ( Hassan shah, 2007.p 69)
• After matters have been filed, there is too long a delay before they are expected to be heard (e.g. – matters filed August 2005 to be heard in May 2006)
• When matters are filed with the Magistrate’s Court, there have been a number of instances when filed documents have gone missing and have resulted in the documents being re-done and re-filed.( Panhwer, Skeffington 2009)
• Sometimes businesses are given a date for a particular customer’s hearing, however, there are instances where on the date in question the customer’s name does not appear on the list. At this point the case is then adjourned to a later date. ( Hassan shah, 2007.p 67)
• Adjournment Period is too long. (Panhwer, Skeffington 2009) The experience from the private sector indicates that adjournment period takes from 6 months to one year. ( Panhwer, Skeffington 2009)This is further compounded by the fact that sometimes bailiffs do not serve the summons and if the company does not hire its own bailiff, the summons will not be served. ( Panhwer, Skeffington 2009) There is also the feeling that some of the bailiffs may be personal friends of the person being served and this may be influencing their willingness to serve this summons.(hassan,2007 p5)
• Problems Related to Judgment in Default of Settlement, when judgment is passed, it is not administered or served to the offender. Sometimes the decision made by the court for monthly payment is far too low to ensure that the debt is paid.
• In High Court Sometimes the cases take so long to be filed that the offender may go out of business and the client then has very few alternate recourse to recover their goods. ( Panhwer, Skeffington 2009)
• In civil courts some matters have been adjourned too many times to another date, especially when the defendant has not been served. If summons have not been served due to address or any form of difficulties experience by bailiff, the Plaintiff must be informed of the withdrawal of the matter or Magistrate court should exercise its authority in forwarding this matter. There are too many matters to be served for the day and Magistrates Court operates from (9 am – 3 pm) .Some Court processing is too long, that some matters take 45-120 minutes. ( Panhwer, Skeffington 2009)
Moreover military rule, executive pressure, and political involvement in judicial system are drawback of our judicial system. As followed
The position of the judiciary in Pakistan has also been affected by periods of military rule in the country. (Hassan, 2007 p3).When General Zia al-Huq imposed martial law in 1977, military courts were given jurisdiction over trial and punishment of civilians found guilty of violating martial law regulations. (Baber, the news 2007)The verdicts could not be appealed to a higher civilian court. (Hassan, 2007 p3). Moreover, a provision of the 1973 constitution that judges could be removed only by the supreme judicial council, consisting of the chief justice and two ranking judges from the Supreme Court and the high courts, was revoked by the military government in June 1979. (Hassan, 2007 p3). Under the 1981 interim constitution, a new oath was imposed on all Supreme Court, high court, and Shari’ah court judges, and all laws promulgated by the martial law regime were exempted from judicial review. (Hassan, 2007 p3).
The Supreme Court chief justice and several other judges were replaced after refusing to take the oath. (Hassan, 2007 p4). Although the military courts were abolished in December 1985, their decisions still cannot be appealed to civilian courts. (Hassan, 2007 p4). Similarly, in January 2000, Musharraf required all judges to take an oath of loyalty to his regime. The Supreme Court chief justice, Saiduzzaman Siddiqui, and five colleagues refused and were dismissed. (Hassan, 2007 p4). This was just a week before the court was due to hear the first of several cases challenging the legality of the new government. (Hassan, 2007 p5). Legal experts argue this action did irreparable harm to Pakistan’s judiciary; with all sitting judges having accepted the military regime, there is no independent judiciary to protect the constitution. (Encyclopedia of the Nations. Pakistan - Judicial system)
Courts in Pakistan are also subject to pressure from the executive branch, in part because of presidential power over transfer and tenure of high court justices and lower court judges. (Mehmood 2002, p.322). In 1996 the Supreme Court issued orders curtailing the powers of the executive to appoint and transfer high courts’ judges. (Mehmood 2002, p.322)Again, in late 1997, the issue of the appointment of judges to the Supreme Court led to deteriorating relations between Prime Minister Nawaz Sharif and the chief justice of the Supreme Court, Sajjad Ali Shah. (Mehmood 2002, p.322) In November, the supreme court brought charges of contempt against Nawaz Sharif, but the chief justice was forced out of office before a verdict could be handed down (a guilty verdict would have disqualified Sharif from office). (Mehmood 2002, p.322)
Unfortunately the judiciary in Pakistan, sometime on its own and most of the time against its will, has to deal with cases involving politics.(dawood 1994 p38) considering the political divide in society, this practice was bound to lead towards criticism. (Dawood 1994 p38) undoubtedly judicial involvement in political realm has damage the image of the judiciary more than anything else. Superior judiciary itself allowed the floodgate of political cases to be opened by enlarging the scop of judicial review and by involving itself in every political issue under the garb of constitutional jurisdiction. (Dawood 1994 p38)
Judiciary crises and politics affecting Pakistan economy:
The crisis in the country causes instability. (Karim 2003, p.32) Instability will cause adverse effects to the economy in terms of deterring investment (foreign direct investment). (Karim 2003, p.32) Instability and riots also damages infrastructure and cripples public services as well. (Karim 2003, p.32) The lawlessness also means people can’t go to work and the police and judiciary systems are in a crisis, meaning factors of production are under utilized. (Karim 2003, p.32) Thus the economy will loose out on investment and its production or GDP will fall (the economy will be producing inside its Production Possibility Boundary which means its not using all its resources fully and efficiently as possible), not to mention all the social consequences. (Karim 2003, p.34)
There are various measures to improve the system. It may be through treble the number of district and session judges which currently stands at 428 in Punjab. (Fiaz nawae waqt 3 April 2011p7) Moreover the status of district and session judge should be raised by increasing their powers &qualifications closer to those of court judges. (Fiaz nawae waqt 3 April 2011p7) Government should ensure modern courts complexes at district headquarters, and judges should be provided trained staff. (Fiaz nawae waqt 3 April 2011p7) they should also get assistants to help them in case research .court room must also be equipped with modern audio visual facilities to facilitate the judges to record the evidence. (Fiaz nawae waqt 3 April 2011p7)
Summoning process should be improved and case should come up before the court when both parties are present. (Fiaz nawae waqt 3 April 2011p7) Or when the agency confirms the non appearance of one party to let the case process ex parte.district court should hear all civil cases starting with involving rupees. (Fiaz nawae waqt 3 April 2011p7) In case involving governmental institution, however there should be no pecuniary limit. For the cases involving below a half million RS. (Fiaz nawae waqt 3 April 2011p7) Between private parties we should establish two small cause’s courts or punchayat at union council level. (Fiaz nawae waqt 3 April 2011p7) These courts should be encouraged to effect compromises, instead of letting the parties litigating. (Fiaz nawae waqt 3 April 2011p7) It will assist in reduction of cases in higher courts and due to localized environment of the courts will also discourage the filing of frivolous claims. (Fiaz nawae waqt 3 April 2011p7)
As far as criminal proceeding is concerned, it is better to abolish all criminal courts as special courts, judicial magistracy as well the national accountability bureau courts. (Fiaz nawae waqt 3 April 2011p7) universal problem with special law and special courts is that people have no faith in their decisions. (Fiaz nawae waqt 3 April 2011p7) on the other hand we need to revive the executive magistracy with powers to grant remand and hear the cases of municipal and other offences where max punishment is six months or fine not exceeding rupees fifty thousand. Session courts may hear all other orders of executive. Appeal against the orders of executive magistracy is allowed at the session courts, whose decision should be final. (Fiaz nawae waqt 3 April 2011p7)
Independence of judiciary, separaton of power and rule of law are the basic elements to run democracy and judicial system in efficient form. Except them there is no concept of justice.
Democracy and good judicial system can not be possible in the absence of independent judiciary (h.shah 1986 p99) The Objectives Resolution, the preamble, Article 2A, and Article 175 of the 1973 Constitution provide for the independence of the judiciary. These include the detailed provisions with regard to the composition of superior courts, the qualification and eligibility for appointment of judges, and the conditions of their service. (h.shah 1986 p99) Even the removal of judges is specifically provided through the Supreme Judicial Council under Article 209. A former Chief Justice of Pakistan, Mr. Saiduzzaman Siddiqui, emphasized the central role of the appointment of judges in the independence of the judiciary in Asad Ali vs. Federation of Pakistan (PLD 1998 Supreme Court 161)
“Right of access to impartial and independent Courts/Tribunals is a fundamental right of every citizen. The exercise of this right is dependent on the independence of judiciary which can be secured only through appointment of persons of high integrity, repute and competence, strictly in accordance with the procedure.”(Hasan 2007 p7).
In Al-Jihad Trust vs. Federation of Pakistan (pld 1996 sc 324), and Asad Ali vs. Federation of Pakistan (pld1988 sc161), the Supreme Court further strengthened the independence of the judiciary by making it obligatory for the President to accept appointments to the vacant posts to fill vacancies in the posts of judges in the Supreme Court and High Courts on the recommendations of the Chief Justice unless the President recorded “sound and valid reasons” to the contrary. Similarly, the appointment of Chief Justice is to be by seniority except for “concrete and valid reasons”. The Supreme Court also held, in these cases, that the transfer of a judge from a High Court to the Federal Shari at Court, without the consent of the judge, shall be violative of the Constitution. All these safeguards were intended to check political influence being exercised in judicial appointments and transfers. (Hasan 2007 p9).
The American people have a great confidence in the independence of judiciary. They feel that their rights and liberties wil be endangered if the judiciary is weekend in any way. In u, k the judiciary has not specially been independent or supreme. It has not also separated from legislation still the judges there had been acting in highly independent and fearless manner in their decision. (Sharma, 1989, p14)
French philosopher Montesquieu believed in the theory of sepration of power. (Fabri 2000 p.234) A system of governance dedicated to social justice, fundamental rights, inter-provincial co- ordination and harmony and anchored on principles of federalism and on separation of powers between the Executive, Legislature and the Judiciary. (Fabri 2000 p.234) A specific and separate role was visualized and provided for each of these important organs of the State. The landmark case, Al-Jihad Trust vs. Federation of Pakistan, (PLD 1996 Supreme Court 324) explains the doctrine of separation of powers in the following words:
… The Legislature has to legislate, the Executive has to execute laws and the Judiciary has to interpret the Constitution and laws. The success of the system of governance can be guaranteed and achieved only when these pillars of the State exercise their powers and authority within their limits without transgressing into The field of the others by acting in the spirit of harmony, cooperation and coordination.( Hassan 2007 p 8)
RULE OF LAW IN PAKISTAN
Sixty (60) years after its founding and following three Constitutions (1956, 1962 and 1973) and several mutilations and revivals (Provisional Constitution Orders and Revival of Constitution Orders), the Rule of Law remains elusive in Pakistan and a dream more distant than it appeared in 1947. (Fabri 2000 p.235) Rule of Law is founded and flourishes on the supremacy of law facilitated by a system of governance that is democratic, participative and transparent and, importantly, supported by a strong and independent judiciary. (Fabri 2000 p.235) The classical formulation of the supremacy of the Rule of Law is included in Article 4 of the Constitution:
4. Right of individuals to be dealt with in accordance with law, etc.
(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person
For the time being within Pakistan.
(2) In particular—
(a) No action detrimental to the life, liberty, body, reputation or property of
Any person shall be taken except in accordance with law;
(b) No person shall be prevented from or be hindered in doing that which is not prohibited by law; and
© No person shall be compelled to do that which the law does not require him to do. (Fabri 2000 p.234)
THE WA FORWARD THE RULE OF LAW CAN IMPLIMENT:
• Demilitarization of Politics and Economy
The civil-military imbalance, today, is the most important hurdle in the way of the rule of the law. The military in Pakistan is the Big Bully on the Block and no meaningful effort can be made to energize and strengthen the rule of law in Pakistan unless the military is, first and foremost, defanged.(Hassan 2001) In any recommendatory action in this regard, priority needs to be given to reining in the secret intelligence agencies which have, illegally and unconstitutionally, intruded in private lives and national institutions and, as is well known, manipulated and rigged elections. (Karim 2003 p 35)A possible way to move to demilitarize Pakistan’s politics and economy is to capture the potential of Article 6 of the Constitution:
(1) Any person who abrogates or attempts or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise by guilty of high treason.
(3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason. (Mehmood 2000 p 45)
• Constitutional Governance:
A second important recommendation is the need to declare and practice, as a national priority, constitutional governance. (The News, 27 April 2007 p7) Dr. Tariq Hassan, in a recent article19, highlighted that Pakistan can be steered to its rightful destiny if the governance in the country is based on the provisions of the Constitution. (The News, 27 April 2007 p7) The adoption of the Constitution, in 1973, represented a consensus between all the Provinces that joined federal Pakistan. (The News, 27 April 2007 p7) The rule of law may mean different things to different stakeholders. Thus, for individuals, as noted earlier, the important safeguards against abuse, oppression and injustices are to be found in the comprehensive catalogue of fundamental rights enshrined in the Constitution. (The News, 27 April 2007 p7). Governance as per the imperatives of the Constitution would further encompass the generally accepted principles of good governance, compliance with which will facilitate and strengthen the rule of law in Pakistan in the years ahead. (Hassan 2001) These include:
(1) The periodic holding of elections to elect the representatives of the peoples in the
Parliament and Provincial Assemblies.
(2) The process of elections should be free and fair.
(3) The elections should not exclude any person or political party except in accordance with the Constitution.
(4) Elections are held under an Election Commission that is impartial and effective.
(5) The electoral process should be open and transparent supported by a free and independent press.
(6) Freedom of Information legislation should ensure access of the public to information
That will facilitate transparency in governance. Access to information also enhances accountability and reduces mala fide, corrupt and arbitrary decisions. (1998 Convention on Access to Information.)
• Legal Infrastructure Development
Lawyers as prosecutors and defenders, as judges, as leaders of the bar associations, as draftsmen of laws, as leaders of public opinion and causes, play a pivotal rule in the development of the rule of law. (Karim 2003 p 65)And, Pakistan needs to make a dedicated commitment to nurture and facilitate a qualitative capacity to handle this role. If the edifice of the rule of law, as guaranteed by the Constitution, is to become effective and meaningful in the years ahead, Pakistan needs to make a massive and urgent investment in the quality of its legal fraternity. (Karim 2003 p 65)The legal training of lawyers and judges undoubtedly influences the quality of the rule of law. (Karim 2003 p 65) Only if both the bench and the bar – two wheels of the same proverbial chariot – are to lead Pakistan to its rightful destiny, Pakistan must ensure that such important actors on the national stage receive a qualitative legal education. Unfortunately, law schools in Pakistan, are mostly based on part-time teaching and driven by syllabi that have not kept current with changing times and challenges. (Karim 2003 p 66)
• Truth and Reconciliation
Another possible way forward is with respect to the Truth and Reconciliation model so well pioneered by Chile and adopted to great national advantage and healing by Nelson Mandela in South Africa. (Karim 2003 p 68) The South African experience has shown that a nation afflicted with injustices, hatred, oppression, intolerance and bitterness can make a new beginning based on realization of past wrongs and forgiveness. The political, economic and social landscape in Pakistan today echos a similar divisiveness generated by the numerous transgressions by several key stakeholders, including and led by the repeated military interventions. (Karim 2003 p 68) If these transgressors can develop the maturity to publicly admit that “we did wrong and we will not do it again the stage can be set for a way forward based on truth, atonement and reconciliation as a grand national exercise.(pandey 2009,p949)

• Meeting the Challenges of Talibanisation in Pakistan
But, in the final analysis, whether Pakistan will succeed, in the times ahead, to found and sustain a genuine culture of freedom and rule of law will depend, to a large extent, on how it handles the looming threat to Talibanise its society. (Karim 2003 p 75) Any discussion of the Rule of Law in Pakistan in the years ahead cannot ignore the recent developments in some parts of Pakistan – including the federal capital – where certain religious and militant members and Groups have sought to demand and impose an Islamic way of life as per their own view of Islam. (Mehmood 2000 p324)An important feature of this campaign is the coercive nature of compliance. This development fundamentally assaults the freedom of choice so importantly embedded in the Fundamental Rights guaranteed by the Constitution and so important for the Rule of Law. (Mehmood 2000 p324) The Constitution declares, in its Article 2, that Islam shall be the State religion of Pakistan and, in fairness to its historical roots, this is the way it should be. (Mehmood 2000 p324) But there is a fundamental difference in Islamizing and Talibanising Pakistan’s polity. Any way forwardwhich diminishes the free choice of the people of Pakistan will erode the edifice of Fundamental Rights and the rule of law enshrined in the Constitution. (Mehmood 2000 p324)
Over all every system depends on Justice. And if the justice is there and transparent too. Then things start taking right shape at their own. (Dawood 1994 p624)But in Pakistan judiciary has been weakened by the interference of politics under previous regimes. (Dawood 1994 p624)Delay in justice is not due to a failure in the legislative domain, as there is no shortage of laws and detailed procedure designed to deliver timely justice. . (Dawood 1994 p624) An expanding section of society comes to consider the implementation of sharia law as a serious option that is both fairer and more efficient than the current system. Already, over three quarters of the educated youth interviewed in the above survey state that Islam offers an alternative system of social justice. It is widely known that one of the main reasons the people of Swat Valley welcomed Sharia in April 2009, thus opening their doors to Taliban influence, was the prospect of getting rid of the existing time-consuming legal system, and of obtaining justice in a swift and transparent way. . (Dawood 1994 p624)
Flaws in judiciary are due to non-transparent appointments and lack of credibility and accountability. (Wajihuddin Ahmed Daily Times December 21, 2007)
Chief Justice Sheikh Azmat Saeed on Friday31st March, 2012 while talking to Dawn said “the judiciary could not deliver what the people had expected because it got involved in other issues. Before appointment of judges in the superior judiciary, their conduct, capacity and capabilities should thoroughly be examined.”
Judicial independence is the hallmark of civil society that automatically solves 60 percent of people’s problems and protects their fundamental rights. . (Dawood 1994 p624) A system of governance dedicated to social justice, fundamental rights, inter-provincial co- ordination and harmony and anchored on principles of federalism and on separation of powers between the Executive, Legislature and the Judiciary. (Fabri 2000 p.234).
In order to improve justice system we need to improve socio-political, economic and education system of the state, as each one of it strengthen the other. (Karim 2003 p40) Besides, it is impossible to change one with out the other.( Karim 2003 p40) Pakistan is the best example of this, as we are quite rich resource wise but due to capitalism which lacks distribution, the rich are getting richer and the poor are getting poorer.( Karim 2003 p40) In addition, recently in the sugar crises the verdict of the courts was that the sugar mill owners should reduce the price of the sugar, in response to which the government said, the judiciary should now implement his rule we can’t!!!!! We need a radical change and radical ideological change, nothing less then that can solve our problems.( Karim 2003 p40) Allah (swat) informs: “Verily we have revealed the book to you in truth for instructing mankind.” [Sura Az-Zumar 39:41]
After taking these steps to improve the judicial system rule of law would be implement in country and every one can access to justice. A fair and impartial judicial system is must for civilized nation


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