The Impact of Model Courts on the Criminal Justice System of Khyber Pakhtunkhwa: A Case Study Based on Statistical Evaluation
DOI:
https://doi.org/10.54183/jssr.v3i2.149Keywords:
Expeditious Justice, Model , Courts, Criminal Justice System, Speedy Trial, Rate of Conviction and AcquittalAbstract
The provision of inexpensive and expeditious justice is one of the constitutional responsibilities of the state, which is fulfilled through the instrument of the judiciary. In pursuance of the Expeditious Justice Initiative, the government of Khyber Pakhtunkhwa (hereinafter KP) established Model Courts in the province in 2019 with the purpose of introducing a time-bound criminal trial regime. The study in hand intends to evaluate the impact of Model Courts on reducing the pendency of criminal cases in KP. To achieve this objective, a questionnaire-based survey was designed, and data was collected from legal professionals as well as litigants. The study findings indicated that both legal professionals and litigants are satisfied with the establishment of the Model Courts and their functions, helping to adjudicate and dispose of the cases in efficient ways in the province. The study suggests that in order to evaluate the efficiency of statistical data regarding the outcome of the Model Courts in terms of its decisions, pendency, rate of conviction and acquittal and the ratio of reversal of its decisions on appeal, it is required to be rigorously analysed. The Model Courts have been used as a case study to bring about some positive changes in the contemporary criminal justice system of the province.
References
Ahmad, M. B. (1951). The Administration of Justice in Medieval India. Manager of Publications.
Antkowiak, T. M., & Gonza, A. (2017). The american convention on human rights: essential rights. Oxford University Press. https://www.researchgate.net/publication/322554093_The_American_Convention_on_Human_Rights_Essential_Rights/citations#fullTextFileContent
Brown, W. J. (1909). Jurisprudence and Legal Education. Columbia Law Review, 9(3), 238–242. https://doi.org/10.2307/1109089.
Chaudhry, G. M. (Ed.). (2010). Annotated Constitution of Pakistan, 1973 (2 revised ed., Vol. 1). Federal Law House, Rawalpindi/Lahore.
Convention for the protection of human rights and fundamental freedoms Rome,4.XI. 1950 https://www.echr.coe.int/Documents/Convention_ENG.pdf
Estrada, F. (2012). El Leviathan de Thomas Hobbes (The Leviathan of Thomas Hobbes). SSRN Electronic Journal, 43–44. https://doi.org/10.2139/ssrn.2127939.
Expeditious Justice Initiative-II. (2019, July). NJPMC. http://eji.fja.gov.pk/wp content/uploads/2019/07/Action-Document-EJI-II.pdf.
Expeditious Justice Initiative-II. (2019, July). NJPMC. strategy for establishment of MCACs p.10. http://eji.fja.gov.pk/wp content/uploads/2019/07/Action-Document-EJI-II.pdf.
Federal Judicial Academy. (2019, July). Expeditious Justice Initiative-III, strategy for establishment of MTMCs. https://eji.fja.gov.pk.
Federal Judicial Academy. (2019, July). Expeditious Justice Initiative-III, strategy for establishment of MTMCs p.12. https://eji.fja.gov.pk.
Husain, D. F. (2015, May). The Judicial System of Pakistan. https://www.supremecourt.gov.pk/downloads_judgements/all_downloads/Judicial_System_of_Pakistan/thejudicialsystemofPakistan.pdf.
International Covenant on Civil and Political Rights ICCPR 1966. https://www.ohchr.org/Documents/ProfessionalInterest/ccpr.pdf
Law & Justice commission of Pakistan, National Judicial Policy Making Committee NJPMC Performance statistics. (20-12). Law & justice commission of pakistan, national judicial policy making committee NJPMC performance statistics. http://ljcp.gov.pk/nljcp/assets/dist/news_pdf/courts.pdf.
National Judicial (Policy Making) Committee Ordinance Ordinance No. LXXI 2002 (Pak). http://www.ljcp.gov.pk/Menu%20Items/NJPMC/ordinance/ordinance%20of%20njpmc.pdf.
National Judicial Policy (2009). Revised 2012. http://ljcp.gov.pk/nljcp/assets/dist/NJP/njp.pdf.
National Judicial Policy Making Committee. (2017). Case & Court Management District Judiciary Punjab Plan-2017. https://www.lhc.gov.pk/system/files/CMP_Booklset_DJ_%28Revised%29_Updated_Update.pdf.
Peshawar High Court. (2019). Notification for the establishment of Model Courts in Pakistan. https://peshawarhighcourt.gov.pk/app/site/17/p/All_News_and_Events.html.
Ratnapala, S. (2009). Jurisprudence (1st ed.). Cambridge University Press.
Universal Declaration of Human Rights 1948 (UDHR). https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Copyright in the Journal of Social Sciences Review is retained by the author(s). Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
SSR's Editorial Board shares the vision of providing free access to information, education, and science for everyone, thus promoting its content through an OPEN ACCESS POLICY, fulfilling the DOAJ definition of open access. The JSSR adheres to an Open Access and Copyright Licensing Policy based on the belief that making research freely accessible to the public promotes greater global knowledge sharing.
The JSSR uses the Creative Commons Attribution-NonCommercial 4.0 International License. The authors who apply and publish in JSSR consent to abide by the copyright policy set out in the Creative Commons 4.0 license (Attribution-NonCommercial 4.0 International license).
- Copyright in the Journal of Social Sciences Review is retained by the author(s).
- Authors also grant any third party the right to use the article freely as long as its integrity is maintained and its original authors, citation details and publisher are identified.
While "By 'open access' to this literature, we mean its free availability on the public internet, permitting any users to read, download, copy, distribute, print, search, or link to the full texts of these articles, crawl them for indexing, pass them as data to software, or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself."
