Backlog on criminal cases: a legal analysis to the criminal justice system in Pakistan

The criminal justice system in Pakistan faces persistent challenges due to undue delays, resulting in prolonged litigation and a substantial backlog of criminal cases. These delays arise from multiple factors both within and outside the judicial framework. Ensuring fair and speedy justice is a fundamental right of every individual, and any hindrance to this process adversely affects the general public. This study examines data concerning the causes of backlog in criminal cases by anylysing data from the Annual Reports of the Lahore High Court, covering the period from 2019 to 2022. And qualitative data obtained through focus group discussions with relevant participants. The participants represented various legal domains, including police investigating officers, assistant and district public prosecutors, advocates of High and Supreme Courts, magistrates, additional session court judges, session court judges, and justices of the Lahore High Court. Their perspectives were use to validate and enrich the quantitative findings. The research highlights that the legal framework in Pakistan follows a specific sequence: reporting of a cognizable offense, registration of the First Information Report (FIR), preparation of the report under Section 173 of the Criminal Procedure Code (Challan) by the investigating officer, and its subsequent forwarding to the prosecutor for onward proceedings in the court(s). The research identifies several causes for the backlog of criminal cases, including delays in the registration of FIRs, inefficiencies within the prosecution department, and shortages of judicial personnel. The study concludes with recommenditions aimed at addressing these issues to promote fair, timely and equitable justice for the public. Additionally, such measures could reduce the backlog of criminal cases in Punjab, Pakistan.