The Prime Minister of Pakistan
Prime Minister’s Office
Islamabad, Pakistan
 
Subject: Urgent Need for Judicial Reforms & Infrastructure Development
 
September 21st, 2024
 
Dear Prime Minister Mian Muhammad Shehbaz Sharif,
Assalam Alaikum!
 
I hope this letter finds you in good health and spirits. As Pakistan grapples with unparalleled economic and political upheavals, I wish to draw your attention to some of the most pressing issues existing within our justice system. The ongoing financial crisis and consequent exodus of local businesses persons/ entrepreneurs highlight the urgent need for swift actions.

I am proposing a structured plan with practical solutions aligned with the Government’s commitment towards judicial reforms. Addressing these issues comprehensively, can significantly improve the legal framework, bolster economic stability, and restore investors’ confidence in Pakistan.

The justice system currently faces several daunting challenges, including a staggering backlog of approximately 1.8 million pending cases in the lower courts. Something like 40% of criminals are awaiting trials, leading to overcrowded jails, which currently far exceed their capacity. Moreover, 70% of litigants are forced to travel over 100 kilometers to access the courts, thus highlighting the need for immediate reforms.

Recognizing the commitment to judicial reforms over the past three decades, I propose several complementary measures to further strengthen our judicial framework and make justice more accessible, efficient, and transparent for all citizens, especially marginalized communities. These can broadly be classified under four heads, as under:-

Judicial Reforms
1. Access to Justice: Measures should be implemented to make legal services more affordable and accessible to marginalized communities. This includes establishing legal aid clinics and promoting pro-bono services.
2. Efficiency & Transparency: The introduction of automated case management systems and the promotion of alternative dispute resolution (ADR) methods, will enhance the case efficiency. Timely disposal of cases must be prioritized to reduce the overwhelming backlog.
3. Judicial Independence: Ensuring the judiciary’s impartiality and independence remains to be crucial for restoring public confidence and ensuring fair judgments.

Infrastructure Development
To further improve the functionality of our courts, I recommend allocating additional funds towards:
1. Courtroom Infrastructure: Upgrading technology in courts and providing modern facilities will help streamline the judicial process.
2. E-Courts: Establishing e-courts will facilitate online dispute resolution and expand access to justice for those in remote areas.
3. Litigant-Friendly Spaces: Creating spaces such as waiting areas, legal aid clinics, and childcare facilities in court premises will provide much-needed relief to litigants and their families.

Executive Measures
I also urge you to consider the following executive actions:
• Filling vacant judicial positions in both the High Courts and Subordinate Courts, in a bid to ensure the efficient handling of cases.
• Establishing oversight committees to monitor the progress of judicial reforms and their apt implementation.
• Developing a comprehensive data collection and analysis strategy to assess the performance of courts, tribunals, and investigative agencies.

Legislative Amendments:
To complement these reforms, I propose the following legislative measures:
• Enacting laws to strengthen the judiciary and ensure the effective implementation of reforms.
• Decriminalizing regulatory and technical offences, and promoting alternatives to imprisonment for minor offenses.
• Formulating a National Litigation Policy to ensure consistent, disciplined, and effective decision-making by the government in legal matters.
In a bid to implement above- mentioned measures on ground, suggested Implementation Roadmap is as under:-
• Establish a task force to oversee judicial reforms, providing quarterly progress reports to assess progress and identify challenges.
• Set clear timelines for implementing legislative amendments and executive measures.
• Engage stakeholders—including the Judiciary, Bar Associations, civil society, and media—to build consensus and foster transparency.

Exacted Impact- By prioritizing the reforms, following improvements are anticipated:
• Pending cases reduced by 30% within 12 months.
• 25% decrease in prison overcrowding within 18 months.
• 40% increase in access to justice for marginalized communities within 24 months.
 
Reforms when implemented, will not only restore public confidence in our justice system but will attract local and foreign investment, paving way for a more stable and prosperous Pakistan.

I appreciate your consideration of these proposals and remain available for further discussion or clarification.
 
Sincerely Yours’
Alina Fayaz
A Young Pakistani

(The writer is a student of International Relations at Beaconhouse International College Islamabad. Views are personal. She can be reached out at alinakay2001@gmail.com)