Criminal justice system's flaws

To his credit, Chief Justice of Pakistan (CJP) Asif Saeed Khosa has stayed focused on the reform agenda he spelled out upon coming to office earlier this year. Speaking on judicial sector reforms at the Sindh Police Headquarters recently, he reiterated that delays and false testimony were the two key flaws in the justice system. While some significant progress has been made on the pendency problem, the apex court, he said, has become strict about the other issue. Some 15 'eyewitnesses' are being tried in different areas of the country for committing perjury. However, more often than not, this insidious practice goes on with the connivance of the police. In fact, as the top judge noted the criminal justice system is closely linked to police reforms. Investigation officers knowingly bring false witnesses before court, and some also put their own names in challans as eyewitnesses. "They will be prosecuted as the accomplices of such perjury, and we will not spare them," he warned.
The warning is expected to have a positive effect. The police, though, could still use other methods to make up for their weak investigation techniques, or simply to help an influential party. The progress report presented at the event by the Police Reforms Committee - set up by the then CJP, Mian Saqib Nisar - claimed to have redressed as many as 57,000 public complaints to the satisfaction of the complainants, which are also said to have reduced the case load on the courts. Interestingly, however, majority of the public grievances 'redressed' were about the police. It would not be surprising if those who expressed satisfaction did that out of fear rather than a real sense of gratification. Getting back to the issue at hand, even if the police do not play a role in encouraging fake testimonies, they will not stop using torture to extract confessions - prohibited by the Constitution - from the accused for crimes they never committed. Any meaningful police reform, therefore, must be aimed at changing the notorious 'police culture' that is heavily tilted in favour of the rich and powerful against the poor and powerless.
It is also an open secret that in cases involving feared criminal or the mighty of the land, genuine witnesses are too afraid to come out to furnish testimonies before courts. There are numerous instances wherein even the families of murder victims have shown reluctance to pursue litigation. It has been quite a while since in the wake of relentless terrorism it was decided to put in place a foolproof witness protection system, yet there is no sign of it. Another problem that acts as a disincentive for legitimate witnesses is a prolonged and demanding process of actual appearance before courts. Many stuck with the responsibility look for some way to give it up. Surely, the honourable CJP is aware of these issues.