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Topic 8

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Pakistan’s Judicial System, Human Rights, and Governance Issues

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Topic 8 — Key Facts for KPK PMS Core concept: Pakistan’s judicial system is a blend of British common law traditions, Islamic law (Sharia), and post-independence statutory law; the superior courts (Supreme Court, High Courts) operate independently, while the Federal Shariat Court applies Sharia law High-yield point: Pakistan has a complex judicial structure with the Supreme Court at the apex, five High Courts (one per province + federal), and the Federal Shariat Court; the 18th Amendment established the Judicial Commission of Pakistan (JCP) for appointments; the superior judiciary has historically been the most independent branch of government ⚡ Exam tip: The Federal Shariat Court was established in 1980 under Zia-ul-Haq to examine laws for compliance with Islam; it can strike down federal and provincial laws; the practice of suo motu (own motion) jurisdiction allows the Supreme Court to take up cases without a petition — frequently tested

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Pakistan’s Judicial Structure

Pakistan’s legal system is based on the common law tradition inherited from British India, overlaid with Islamic law (Sharia) as the source of law for personal status matters and as a constitutional benchmark.

Hierarchy of Courts

Supreme Court of Pakistan:

  • Highest court of appeal
  • Original jurisdiction in disputes between federation and provinces
  • Advisory jurisdiction on constitutional questions referred by the President
  • Power of suo motu jurisdiction (Article 184(3))
  • Located in Islamabad
  • Current Chief Justice: (as of 2024)

Constitutional benches: The Supreme Court may be constituted into benches of varying sizes for different types of cases.

Five High Courts:

High CourtTerritorySeat
Lahore High CourtPunjabLahore
Sindh High CourtSindhKarachi
Peshawar High CourtKhyber PakhtunkhwaPeshawar
Balochistan High CourtBalochistanQuetta
Islamabad High CourtICT and federal territoriesIslamabad

Each High Court has jurisdiction over its respective province/territory. High Court decisions can be appealed to the Supreme Court.

Federal Shariat Court:

  • Established by Zia-ul-Haq in 1980
  • Reviews laws for compliance with the injunctions of Islam
  • Consists of 8 members: 5 ulema (Islamic scholars) and 3 judges
  • Decisions can be appealed to the Shariat Court of Appeal
  • Has struck down several provisions of the Hadood Ordinances (e.g., the provision requiring four Muslim witnesses for proving rape — declared unconstitutional in 2023)

⚡ Exam Tip: The Federal Shariat Court is NOT a Sharia court in the traditional sense. It is a constitutional court that tests laws against Islamic injunctions. Its decisions have been controversial — particularly on the Zina ordinance provisions.

Subordinate Courts

District and Sessions Courts:

  • Civil and criminal jurisdiction at the district level
  • Sessions judges preside over serious criminal cases
  • Civil judges handle civil disputes below a specified value

Specialised Courts:

  • Anti-Terrorism Courts (ATCs): Established in 1997 to fast-track terrorism cases
  • Banking Courts: Handle banking disputes
  • Family Courts: Handle marriage, divorce, custody, and inheritance matters
  • Immigration Courts: Handle citizenship and immigration cases

The Nyazi System: The Nyazi (subordinate judicial officers) are appointed by the High Courts and form the backbone of the lower judiciary.

The Independence of the Judiciary

Key Cases on Judicial Independence:

The Lawyers’ Movement (2007–2009):

  • President Pervez Musharraf dismissed Chief Justice Iftikhar Muhammad Chaudhary on March 9, 2007
  • The Pakistan Bar Association and Pakistan Supreme Court Bar Association organised mass protests
  • Lawyers across Pakistan took to the streets; over 100 lawyers were killed in the Lawyers’ Movement
  • Justice Chaudhary was reinstated by the new government in 2009
  • This was Pakistan’s most significant pro-democracy movement since the 1968–69 movement

The 18th Amendment and Judicial Appointments: The 18th Amendment (2010) established the Judicial Commission of Pakistan (JCP) for appointments to the Supreme Court and High Courts:

  • Composition: Chief Justice of Pakistan (Chairman) + the four most senior judges of the Supreme Court + the Attorney General + a senior advocate + the President of the Pakistan Bar Federation
  • Function: Reviews and approves judicial appointments
  • The ** parliamentary committee** (National Assembly and Senate) has a veto power with a two-thirds majority

⚡ Exam Tip: The 18th Amendment restored judicial independence by removing the President’s power to make judicial appointments unilaterally. The JCP is now the primary appointments body, though the parliamentary committee’s role has been contentious.

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Human Rights in Pakistan

Fundamental Rights (Constitutional)

Pakistan’s Constitution guarantees fundamental rights under Part II (Articles 8–28):

Article 9 — Right to Life: “No person shall be deprived of life or liberty save in accordance with law.” This has been interpreted broadly by the Supreme Court to include:

  • Right to a clean environment
  • Right to food and water
  • Right to education
  • Freedom from custodial violence

The Death Penalty: Pakistan maintains the death penalty for terrorism-related offences and certain military offences:

  • De facto moratorium on civilian death penalty from 2008–2014
  • Lifted in 2014 following the APS attack
  • Over 8,000 people are on death row in Pakistan
  • No executions for drug-related offences since 2023 (law amended)

Article 10 — Right to Freedom of Speech: “Freedom of speech and expression” is guaranteed but subject to “in the interest of the glory of Islam” or “the integrity, security or defence of Pakistan.” This qualifier has been used to restrict speech.

The Sedition Law (Section 124-A IPC): A colonial-era law that criminalises “bringing the government into hatred or contempt” through speech. Frequently used against journalists, activists, and political opponents. The Supreme Court has issued guidelines limiting its application but it has not been repealed.

Freedom of Expression and the Media

Key Challenges:

  • The Pakistan Electronic Crimes Act (PECA) 2016: Section 20 allows for “objectionable content” removal; used against journalists
  • Gag orders on journalists by intelligence agencies
  • Harassment and violence against journalists: Pakistan is among the most dangerous countries for journalists (Reporters Without Borders ranks it 157/180)

Key Cases:

  • The Jang Group vs. the Army: The Jang Group (largest media group) faced military pressure over critical coverage in the early 2000s
  • Munizae Jahangir (Geo TV journalist): Harassed by intelligence agencies; Geo TV’s license suspended temporarily

Social Media Restrictions: The PTA (Pakistan Telecommunication Authority) has blocked social media platforms (YouTube, Twitter/X, Facebook) during political protests or crises.

Minority Rights

Pakistan’s religious minorities (Ahmediyas, Hindus, Christians, Sikhs, Parsis) face systematic discrimination:

The 2nd Amendment to the Constitution (1974): Declared Ahmadis non-Muslims by a constitutional amendment (introduced by Zulfikar Ali Bhutto under pressure from religious parties). Ahmadis are banned from:

  • Calling themselves Muslims
  • Calling their places of worship mosques
  • Practising their faith publicly

Blasphemy Laws (Sections 295-B, 295-C of the PPC):

  • Section 295-B: imprisonment up to 10 years for defiling the Quran
  • Section 295-C: death penalty for defiling the Prophet Muhammad
  • These laws have been weaponised against religious minorities and even Muslims accused of personal disputes

High-profile Blasphemy Cases:

  • Asia Bibi (Christian woman): Acquitted by the Supreme Court in 2018 after 8 years on death row; the case caused mass protests by religious parties
  • Sawan Mal (Hindu boy): Murdered by a mob in Sindh after blasphemy allegations
  • Junaid Jamshed (singer turned religious figure): Not blasphemy but his public condemnation of Ahmadiyas was controversial

Forced Conversions: Forced conversions of Hindu girls to Islam in Sindh have been a growing concern. The Supreme Court has issued notices to the federal and provincial governments but the issue remains largely unresolved.

Women’s Rights

The Protection Against Harassment of Women at Workplace Act (2010): Landmark legislation establishing complaint mechanisms for workplace sexual harassment.

The Domestic Violence Bill: Enacted in KP in 2021; criminalises domestic violence against women and children.

The Criminal Law (Amendment) (Kidnapping of Women) Bill: Attempts to address the problem of women being kidnapped for forced marriage.

The Aurat (Women) March: An annual event held on International Women’s Day (March 8) since 2018. Protesters in Pakistan have faced criticism, threats, and violence for participating. The 2021 Aurat March in Karachi featured controversial banners that led to a criminal case.

⚡ Exam Tip: The Aurat March controversy centres on the tension between progressive civil society and conservative religious sections. Key issue: some banners from the 2021 march were considered “vulgar” by conservatives; the subsequent FIR (First Information Report) was challenged.

The Rule of Law and Governance

The Crisis of Justice:

  • Pendency of cases: Over 2 million cases are pending in Pakistani courts
  • Average time for a High Court decision: 3–7 years
  • Average time for a Supreme Court decision: 2–5 years
  • Clearance rate: Pakistan’s courts clear fewer cases than they receive annually

Police Reforms: The police system is modelled on the 1861 Police Act. Key issues:

  • Political interference in police postings and investigations
  • Limited forensic capacity
  • Police torture of suspects
  • The SHO system: Station House Officers (SHOs) have enormous discretionary power

Khyber Pakhtunkhwa Police Reforms: KP has been a pioneer in police reforms:

  • The Khyber Pakhtunkhwa Police Act 2017: Replaced the colonial-era NWFP Police Act 1861
  • Establishment of the KP Police Academy
  • Digital Case Management System: Computerised FIRs and case tracking
  • Anti-Terrorism Force: Specialised force for CT operations

Corruption and Good Governance

The National Accountability Bureau (NAB): Federal anti-corruption body established in 1999. It has prosecuted politicians from all major parties:

  • Nawaz Sharif: Sentenced in the Al-Azizia Steel Mills case (2018)
  • Haftawi: Multiple cases against PPP and PML(N) leaders
  • Criticism: NAB has been accused of selectively targeting political opponents

Right to Information (RTI): The Khyber Pakhtunkhwa Right to Information Act 2013 was the first RTI law in Pakistan. It has been used by journalists and activists to access government records. The federal RTI law was passed in 2017.

The Khyber Pakhtunkhwa’s E-Governance: The KP government has been praised for its use of technology in governance:

  • E-Prosecution system: Digital case tracking for prosecutors
  • Online building permits in Peshawar
  • Digital Land Revenue Records

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