Pakistan’s Courtroom Challenges

Asem Mustafa Awan

Islamabad: The judicial system in Pakistan has long been a subject of intense scrutiny, criticism, and debate. While the country’s constitution and legal frameworks theoretically guarantee justice and equality before the law, the reality is often starkly different.

The system is plagued by deep-rooted corruption, political influence, and glaring disparities that allow the powerful elite to escape accountability while the common man suffers in silence.

This grim situation has led to a profound erosion of trust in the judiciary, where justice is seen as a privilege reserved for the few rather than a right accessible to all.

Pakistan’s ruling political elite, many of whom hold dual nationalities, are known for their ability to ‘manipulate the legal system’ to their advantage.

These individuals, who often live lives of luxury abroad, return to Pakistan to assume positions of power, enjoying the perks and privileges that come with it. They wield significant influence over the judiciary, ensuring that they and their associates are rarely held accountable for their actions.

One of the most striking examples is the case of Majeed Khan Achakzai, a former Balochistan lawmaker. In 2017, Achakzai’s speeding vehicle ran over and killed a traffic constable in Quetta. 

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Despite clear evidence, including CCTV footage, Achakzai was acquitted due to “lack of evidence.” The acquittal raised serious questions about the integrity of the judicial process, highlighting how political connections can override justice.

In another high-profile case, Shahrukh Jatoi, a wealthy young man from an influential family, was convicted of murdering Shahzeb Khan, a university student, in 2012. 

The case initially garnered widespread media attention and public outrage, leading to Jatoi’s conviction and death sentence.

However, after years of legal wrangling and the intervention of powerful connections, Jatoi was acquitted in 2022, once again demonstrating how the powerful can escape justice.

Similarly, in 2021, the son of Federal Ombudsman Kashmala Tariq was involved in a car accident that killed four people in Islamabad. Despite eyewitness testimony and initial reports pointing to her son’s involvement, the case was quickly diluted, with blame shifted onto a driver, and the family using their influence to evade accountability.

Most recently, in August 2024, a tragic incident in Karachi saw a wealthy woman from the elite class run over a father and daughter.

The woman’s lawyers are now arguing that she is mentally unstable, a common defense tactic used by the powerful to avoid responsibility.

The case is still ongoing, but the public has little faith in a fair outcome, given the precedents set by previous cases. While the elite manipulate the system to their advantage, the common people of Pakistan bear the brunt of a ‘flawed, costly, and corrupt judicial system’.

The majority of the population lives below the poverty line, struggling to access basic necessities like clean drinking water, education, and healthcare. For them, justice is an elusive dream, often delayed or denied due to bureaucratic inefficiencies, corruption, and a lack of resources.

The case of Mai Jando, a poor farmer from Sindh, is a tragic example of the judiciary’s failure to protect the rights of the common man. In the 1990s, Mai Jando lost nine members of her family, including her two sons and a son-in-law, in a cold-blooded massacre over a land dispute.

The incident, which was falsely presented as a terrorist attack, was a stark reminder of how the powerful can manipulate the system to cover up their crimes.

Mai Jando’s relentless pursuit of justice became a symbol of the common man’s struggle against a corrupt system. Her quest for justice, however, came at a devastating cost. 

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Her two daughters, frustrated by the endless delays and the apparent futility of their mother’s efforts, self-immolated on September 11, the same day the nation remembers the death of its founding father, Quaid-e-Azam Mohammed Ali Jinnah. 

The tragic deaths of her daughters underscored the deep despair felt by those who are failed by the justice system.

The tragic story of Mai Jando and countless others like her serve as painful reminders of how far Pakistan has strayed from the vision of its founding father. Quaid-e-Azam envisioned a country where justice, equality, and rule of law would prevail.

However, as the nation grapples with a ‘deeply flawed judicial system’, it becomes increasingly clear that the vision Jinnah had for Pakistan died with him.

Today, the judicial system in Pakistan is characterized by double standards.

While the powerful elite walk free despite committing heinous crimes, the common people are left to navigate a labyrinth of legal obstacles, often without the resources or influence to secure justice. The system is not just broken; it is rigged in favor of those who can afford to bend it to their will.

The murky judicial landscape in Pakistan is a reflection of the broader societal inequalities that plague the nation. The stories of those who have suffered at the hands of this corrupt system should serve as a call to action for meaningful reforms.

Until the judiciary is truly independent and accessible to all, Pakistan will continue to be a land where justice is a privilege, not a right, and where the vision of its founding father remains unfulfilled.

Asem Mustafa Awan has extensive reporting experience with leading national and international media organizations. He has also contributed to reference books such as the Alpine Journal and the American Alpine Journal, among other international publications.