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TOPIC: THE DELAY JUSTICE SYSTEM IN CRIMINAL CASES AND ITS

EFFECTS ON LITIGANTS: A CASE STUDY OF DISTRICT KECH

THESIS SUBMITTED TO THE FACULTY OF LAW, UNIVERSITY OF TURBAT,

KECH, FOR THE PARTIAL FULFILLMENT OF THE DEGREE OF LAWS

(LLB 5 YEARS PROGRAM)

By:

HAMMAD SALEEM

FACULTY OF LEGAL EDUCATION

UNIVERSITY OF TURBAR
 ACCEPTANCE

It is certified that the efforts in this thesis “The Delay justice system in criminal cases

and its effects on litigants: a case study at District Kech” is carried out by Mr. Hammad

Saleem under my supervision. This work is unique, appropriate and honest for submission to the

University of Kech on behalf of grant of degree of LLB.

SUPERVISOR

Professor Dr. Gull Hassan Baloch

Dean at Faculty of Law, University of Kech
 DECLARATION

I hereby cite that this paper is my own work excluding the citations. I also state that this

research paper has not been submitted for any other degree at university of Kech or other

institution, all sources have been acknowledged.

Name: Hammad Saleem

Signature: ……………………...
Date: …………………………...

This thesis has been submitted for examination with my approval as research supervisor.

Professor Dr. Gull Hassan Baloch

Dean at Faculty of Law, University of Kech

Signature: ……………………...
Date: …………………………...
DEDICATION
 ACKNOWLEDGMENT

I am indebted to Allah the Almighty who has bestowed me with sheer bliss and courage

to complete my thesis on time. I warmly thanks to Prof. D. Gull Hasssan Baloch, Dean of

Faculty of Law at University of Kech who has been a right hand in completing my research

paper.

I pay my attributes to my family who has proved to be the key support throughout my journey.

All and all I am thankful to Honorable Sir Waqar Khalid who has invariably been assisting me in

all possible ways without whose support it would have been a tough task for me to complete my

research paper on the given time. I pay my thanks to my teachers, friends, and the ones who have

supported me in any way in completion of this thesis.

 ABBREVIATIONS

FIR FIRST INFORMATION REPORT

CHALLAN POLICE REPORT UNDER SECTION 173 OF CR.P.C

CR.P.C CRIMINAL PROCEDURE CODE, 1898

PPC PAKISTAN PENAL CODE, 1860

CJS CRIMINAL JUSTICE SYSTEM

WJP WORLD PROJECT REPORT

UDHR UNIVERSAL DECLARATION OF HUMAN RIGHTS

ICCPR INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

ABSTRACT

The delay justice system in criminal cases is a loop hole in administration of justice in

Pakistan as whole and thus is a termite eating the rights of litigants as well as weakening the
promised administration inside. Consequently, the existence of speedy trials is deemed to be a

day dream instead of reality which has arisen multifold of queries over the credibility of judicial

system of Pakistan.

The criminal justice system in Kech undergoes from countless of unnecessary enlargements and

delays achieving dispensation of justice. This is owing to numerous reasons, such as scarcity of

judges, judges agitation in taking bold steps, overloaded courts, transference of judges’ prior the

completion of cases, extreme pendency of cases, needless postponements or adjournments,

interruption and failure of serving process, strikes by bar, prosecution unreasonably holding up

the witnesses by not presenting them before court or delaying their presentation, police failure

of producing custody and many other reasons.

This research paper will be helpful for law students, lawyers, prosecutors, judges, legal

researchers, and any legal departmental persons, law teachers, or for the general public as

whole. This paper aims to ascertain and fathom the roots for pointless and preventable delays

faced by the practicing lawyers in criminal cases in District Court of Kech.

Table of Contents
ACCEPTANCE
DECLARATION
DEDICATION
ACKNOWLEDGEMENT
ABBREVIATION
ABSTRACT

CHAPTER 01: INTRODUCTION

1 Introduction 01
1.1 Rationale of Study 04
1.2 Statement of Problem 04
1.3 Significance of Study 05
1.4 Research Objectives 05
1.5 Hypothesis 06
1.6 Research Questions 06
1.7 Limitation of Study 07
1.8 Keywords 07
1.9 Definition of the Keywords 07
1.10 Criminal Trial Briefly 08
1.11 Effects of Delay on the litigants …………………………………………………………10
1.12 Key delaying factors in criminal trials 11

CHAPTER 02: LITERATURE REVIEW

2 Literature Review 15

CHAPTER 03: METHODOLOGY

3 Methodology 21
3.1 Research Design 21
3.2 Targeted Population 22
3.3 Sampling Design 22
3.4 Ethical Consideration 22
3.5 Sampling Size 22
3.6 Key Important Interview 23
3.7 Data Collection 23
3.8 Procedure of Data Analysis 23
3.9 Research Instrument 24
3.10 Survey 24

CHAPTER 04: Data Analysis

4.1 Instrument ……… 25
4.2 Demographic Information ……… 25
4.2.1 Gender of Respondents 26
4.2.2 Age of Respondents 27
4.2.3 Designation of Respondents 28
4.3 Reliability Test 29
4.4 Analysis of Variance 30
4.5 Validity 30
4.6 Factor Analysis 31
4..7 Correlations 35
4.8 Findings in interviews 38
4.8.1 Causes of delay 38
4.8.1.1 Delay owing to Lawyers 38
4.8.1.2 Delay owing to Bar Association40
4.8.1.3 Delay owing to Judiciary 41
4.8.1.4 Delay owing to persecution department 43
4.8.2 Effects of Delay on litigants 44

CHAPTER 05: Discussion, Conclusion, Recommendations

5.1 Discussion ……… 47
5.2 Conclusion ……… 50
5.3 Recommendations 51
REFERENCES 56
ANNEXURE 59
 CHAPTER 01

1. INTRODUCTION

Undue delay in disposing of any criminal trial is an exploitation and manipulation of the

court process. (Muhammad Hussain Versus The State, 1959). The concept of delayed and

denied justice is traced back since the formation of Pakistan itself which is not only affecting

the legal redress of the litigants in both civil and criminal cases, but also the privileges of the

citizens unsympathetically. The prominent legal maxim, "Justice delayed is justice denied"

highlights the masked face of judiciary of Pakistan. (Khan, 2015) The delay in disposal of

criminal cases has mammoth impacts on litigants in Pakistan, in general, Kech District in

particular.

Consequently, the legal system of Pakistan has not provided any prescribed law under which a

fixed limitation for the disposal of criminal cases is mentioned, rather it throughout depends

upon the discretion of the judges and its officers to guarantee that a case proceeds as

professionally as it can be. In the determination of any criminal charge against him. Everyone

shall be entitled to be tried without undue delay. And anyone arrested or detained on a criminal

charge shall be entitled to trial within a reasonable time or release. (The International Covenant

on Civil and Political Rights, 1966)

Pakistan is ranked 130 out of 139 countries. And the criminal justice global rank of Pakistan in

the present year stands on 108 out of 139, which is a crying stance for the country on global

stand and a shame for the judiciary of Pakistan to be eroded instantly. (World justice project

(WJP) report on Rule of Law index, 2021)

1
The delay in criminal cases are reasoned all by dint of unethical practices of the lawyers along

with the reshuffling of the judges without the replacements, all in all the adjournment of the

criminal cases further supports the delay in imparting justices to the aggrieved parties.

(H.Freedman, 2012)

The criminal justice system aims to prevent and reduce crime by bringing the offenders to

justice, maintaining public peace and tranquility, protect and preserve the rights of the public as

whole, do justice with the victims of criminal offences and ensure justice without any affecting

factors. Every individual is entitled to a fair trial in determination of that individual’s civil rights

or of any criminal charge against him within a reasonable time by an independent judiciary

established under any legal system. (Right of Fair Trial , 1950)

When the criminal justice system fails to function fairly, hence will no doubt effect the litigants,

their families and witnesses. Unlike the ancient time when people used to take revenge

themselves of the offences committed to them by the criminals. People were above law or the

law themselves. The concept of tit-for-tat was the ultimate remedy they had. The ones, more

powerful, were privileged to take revenge to any of the inferiors but the oppressed were unable

to even imagine of the revenge, thus, just for them was nothing merely a myth for the

oppressed.

Punishing the criminals is mandatory in every legal system of the world for Controlling crime

and upholding public tranquility, so that prisons are most integral places for the rehabilitation of

the criminals in every criminal justice system. Every criminal shall be punished for the offence

he committed in order to maintain nonviolent environment, respectful society, social discipline

and gratifying the human rights and responsibilities. Hence, it defends collective harmony and

defiance to the accepted rules. (Ali M. P., 2020)

2
There is a saying in Balochi which is, in English, roughly translated as, “a person may never fall

in the matters of courts, for his life will come to an end but the matter will survive him”. Indeed,

the same is the current situation of the criminal justice system in the courts of Kech (Kech)

where the litigants unreasonably suffer from the delay in disposal of the criminal trials which is

not only effecting the litigants physically, but also socially, psychologically, financially and

most importantly this delay is swallowing their precious time.

Delay in disposal of criminal cases is the most serious problem being faced by the

administration of criminal justice system not only in Pakistan but throughout the global legal

systems. It is a globally recognized fundamental right that the accused person is permitted to a

fair trial within an equitable time by an independent tribunal. Therefore, the unnecessary delay

is not merely an imminence to the attribute of justice but an open infringement of the right of

the accused person which is so vested to him by the UDHR. (Universal Declaration of Human

Rights , 1948)

Subsequently, the criminal justice system in the criminal courts of Kech are indulged in very

excessive extensions and delays attaining dispensation of justice. The very delay is due to

abundant reasons, such as dearth of judges, stressed-out courts, transferal of judges erstwhile the

conclusion of cases, judges hesitate taking bold and brave steps, extreme pendency of cases,

unrequired suspensions or adjournments, disruption and failure of serving process, bar strikes

for slight matters, unreasonably keeping on hold the witnesses by not presenting them before

court or delaying their presentation by the prosecution, police failure of producing custody and

specially in the courts of district Kech the summons process power is vested to the prosecution

department instead of court which in reality is, solely, the power of the courts to summons the

parties and witnesses.

3
1.1. RATIONALE OF THE STUDY

Several of the studies of the researchers are keenly focused on distinct spheres of delays

in court procedures and in dispensation of court trials, be it, civil suits or criminal trials, which is

patent as a question mark over the justice system of Pakistan and failure of the judiciary. This

current study was meant to lookout the various causes and tactics being used to prevents speedy

justice and causing delay in the court procedures, as well as the impacts of these caused delays

on the parties particularly in criminal trials. This paper is one of its kinds to mainly focus on

delays in criminal cases in the courts of District Kech and the impacts of these delays on the

litigants.

1.2. STATEMENT OF THE PROBLEM

Delay is a universal phenomenon which has, anyhow, troubled every legal system of the

world. Pakistan is reckoned amongst those ill-fated legal systems which is so far unsuccessful in

eradicating the curse of delay from its judicial justice system. Similarly, there exists a vast

number of pendency in criminal cases in the courts of Kech which are not merely overburdening

the courts, but also creating troubles and agonies for the litigants by affecting their fundamental

rights.

These delays, particularly, in the courts of Kech are owing to the formal and procedural errors

in criminal trials which are implemented by the litigants, defense counsels, prosecution and

4
 police department and the misuse of the judicial powers. Consequently, such delays not only

affect the litigants financially, physically, psychologically but also it is rising questions over the

integrity of the judiciary of Pakistan.

1.2.1 . MAIN VARIABLE:

 The delay justice system in criminal cases

1.2.2 SUB-VARIABLE:

 Effects of delay on litigants

1.3. SIGNIFICANCE OF THE STUDY:

This paper effort to make contributions and is supportive in bringing awareness amongst

the people about the delay justice system in criminal cases and its effects on the litigants that

how justice is repudiated in the courts of Kech (Kech) and what challenges the judiciary and the

litigants are facing in the course of criminal proceedings. Moreover, this study aims to make

numerous significant and inventive contributions of the understanding about delays in disposal

of criminal cases to the students of legal fraternity, lawyers, prosecution department, judicial

officers, legal researchers, law teachers, and for the general public as whole.

This study is an endeavor to trace the causes of the delays and various tactics being used in

disposal of criminal cases in Kech (Kech) under criminal laws and court practices, and how

these delays effect the rights of the litigants.

5
1.4. AIMS AND OBJECTIVES OF THE STUDY

The aims and the objectives of the study are as following:

1) To bring in front the grounds of delay in criminal justice system in Kech thru the

profound study of formal and procedural practices of the criminal courts.

2) To point out the effects of delay in disposal of criminal cases on litigants during a study

of diverse cases in their pendency.

3) To scrutinize the suitable examples of delay in criminal justice system in Kech and

determine the formal and procedural flaws of the proceedings of the criminal trials.

1.5. HYPOTHESIS

1) There exists mental stress on the litigants because of delay in their criminal cases.

2) There are huge impacts on the litigants owing to negligent of public prosecutors in the

implementation of the prescribed laws for the timely disposition of criminal cases.

3) The overloaded burdens on the criminal judges create huge problem for the delay which

results problems for the litigants.

1.6 RESEARCH QUESTIONS

1. What are the causes of delay in disposal of criminal cases in Kech under criminal laws

and court practices?

6
 2. How these delays effect the rights of the litigants in disposal of criminal justice system in

Kech?

3. What are the cases of delay in disposal of criminal trials in Kech?

1.7 . LIMITATION OF THE STUDY

The current study comprises the formal and procedural errors in criminal trials in Kech

and the study was limited merely in District Kech of Balochistan. The data for the research paper

were collected within the concerned district which only included faculty of Law, University of

Kech and some other particular parties.

1.8 KEYWORDS: Delay, Criminal Cases, Delayed justice, Litigant, Effects on litigants,

Criminal Court, Kech-Balochistan.

1.9: DEFINITION OF THE KEY WORDS

1) Delay: Delay in the study refers to unnecessary delays in the court proceedings.

2) Criminal Cases: criminal case means any criminal action or any criminal proceeding

which is instituted in a court of law under the provisions of Cr.P.C.

3) Delayed justice: Delayed justice means unnecessary delays or adjournment in disposal

of criminal trials which postpones the justice to the litigants timely.

7
 4) Litigant: litigant means any of the concerned party who is involved or engaged in a

lawsuit. In this study, the term litigant merely refers to the parties involved in a criminal

trial.

5) Effects on litigants: effects on litigants, in the current study, means any impact on the

litigants just because of unnecessary delays during the trials or proceedings in disposal of

criminal cases in CJS in District Kech, Balochistan.

6) Criminal Courts: Criminal Courts refer to every court in the District Kech which deals

with criminal matters only.

7) Kech –Balochistan: Kech is a city in District Kech in the Province of Balochistan.

Which is found in the southern Balochistan and acknowledged as the second largest city

of Balochistan whereas the first largest city is Quetta. Kech city is the administrative

capital of District Kech.

1.10 CRIMINAL TRIAL BRIEFLY

1.10.1 COMMENCEMENT:

A criminal trial as per the Code of Criminal Procedure, 1898 and administration of criminal

justice, is commenced on filing F.I.R (first information report) under section 154 of Cr.P.C. and
8
then the investigating officer begins the investigation under section 156 of the same code in

order to collect evidence for the concerned crime by visiting the crime scene. As the process of

collecting evidence is concluded, the investigating officer has got to submit his prepared report

of the investigation or the challan to the concerned Magistrate under section 173 of the Criminal

code. From the challan or investigation report, if the officer in charge finds no sufficient

evidence against the accused person then he shall release the accused under section 169 of the

code of criminal procedure, whereas if the he finds enough evidence against the accused then he

shall, under section 170 of the same code, submit the report as well as direct the suspect for the

custody of the authorized Magistrate for taking cognizance of the offence. (Khan versus

Muhammad Khan, 2010)

1.10.2: PROCEDURE:

A criminal trial comes into existence when a Magistrate takes cognizance of offence either

upon a complaint of facts which constitute such an offence, through report of any police officer,

upon information received by any other person not being a police, or upon his own knowledge

and reservations. The concerned Magistrate may try the case himself or refer the same to the

Session Court keeping in view the nature of the matter, Sec: 190, Cr.P.C. After a Magistrate

takes cognizance of an offence with sufficient evidence to proceed to trial, as per nature of the

matter the concerned Magistrate will issue a summons or warrant accordingly, Sec: 204, Cr.P.C.

(M.Mahmood)

By the leave of the court the accused can either appear personally or through his pleader, Sec:

205, Cr.P.C. the accused is provided with the copies of the important documents such as,

inspection note recorded by the police officer in course of his investigation and the statements

9
 recorded by the prosecution’s witnesses, Sec: 241A, Cr.P.C. And thus charge is framed by the

judicial officer, Sec: 242, Cr.P.C. (M.Mahmood)

Further, the Magistrate inquires the accused if he pleads guilty of the alleged charges or not. If

the accused pleads guilty and affirms the commission of the said offence then he is sentenced or

convicted in consequence of his confession ad the trial comes to a closure, Sec: 243, Cr.P.C. If

the accused refuses the commission of the alleged crimes or pleads not guilty then the Magistrate

directs a formal proceeding which would purely be disposed-off on the merits and the concerned

Magistrate will record evidences from both sides, Sec: 244, Cr.P.C. Hence, will decide the case

either by acquittal or conviction of the accused, Sec: 245, Cr.P.C. (M.Mahmood)

1.11 EFFECTS OF THE DELAY ON THE LITIGANTS

Undue delay in criminal justice system unfavorably distresses the rights of the litigants.

There are mainly two distinct sorts of delays in perspective of criminal cases, amongst them one

deals with the timeframe for disposal of the trial, while the other is directly linked with pendency

of the criminal proceedings. Noticeably, in criminal cases the accused is always presumed

innocent until upheld guilty. Therefore, unnecessary delays in CJS has a considerable effect on a

suspected person’s liberty and the assumption of innocence, especially when such an accused

person is detained in the jail during the pendency of the trail. Furthermore, lengthy pretrial

detention in custody not only has psychological impacts on the accused, but also has socio-

economic impacts on the families of the suspected person. (Das, 2020)

The litigants who are parties in any legal battle in courts may suffer physical and psychological

injuries. The universally adopted adversarial legal system is marked to be more traumatic for the

10
 litigants as it involves multifold stages of argumentative trials and delays. Hence, the occasioned

delays cause emotional and financial harms to the litigants which are caused by the judicial

officers, counsels, undue postponements, and overloaded courts. (Parimah, 2021)

Presently, Pakistan’s judicial system is going through a grave issue of retardation in

administering justice. For years now, the judicial system of Pakistan has been flawed by extreme

pendency and undue delay. The state has the basic obligation to guarantee “inexpensive and

expeditious justice” as explained in Article 37(d) of 1973 Constitution of Pakistan. The effect of

these undue delay can be seen in the case of Mr. Ghulam Sarwar and Mr. Ghulam Qadir, two

brother, who were executed for an alleged crime by the executing authorities just a year prior

they were acquitted by the Supreme Court. (Ali S. , 2018)

1.12 KEY DELAYING FACTORS IN CRIMINAL TRIALS

A. DELAYED REGISTRATION OF FIRs

Registration of FIR is the initial step to commence criminal investigation. Police are duty

bound to record and register an FIR immediately in order to assure rule of law in the country

but regrettably police frequently adjourn processing FIRs. Additionally, to avoid additional

amount of work the police deliberately incline to adjourn or shun lodging FIRs. Likewise,

most of the police officers, for covering their unsatisfying performance, intentionally delay

he FIRs. Because of the failure of the police department, the number of the FIRs in

11
enhancing which is getting worse the law and order and are held responsible for the increase

in the crime rates. (Abbas, 2021)

B. AN UNFAIR JUDICIARY
Nonexistence of judicial neutrality is one of the various causes of delayed justice in

Criminal Justice System (CJS). There is a collective perception in the country that the

judicial officers can certainly be induced and bribed by any parties of the trials and their

counsels which is why the judicial system is sometimes illogical and unfair in providing

justice. In such an environment the cases is in the hands of the litigants who can change the

game if they controls the ruling officer. Unfairness is almost the same as uselessness and

delayed justice in CJS is implicated with such biasness. (Bari, 2018)

C. COURT VACATIONS AND STRIKES

The superior courts in the country go with the practice of having off days in shape of

summer and winter breaks which consequently reduces the amount of working days and

result in more pendency of the court trials. This tradition of vacations in the subcontinent is

traced back meanwhile the British left the country which is yet practiced in the courts of the

Pakistan. Moreover, the bar associations of the lawyers normally call for boycotts and strikes

for several reasons which possibly will be as inconsequential as argument with some

associate of the bar council. The courts administration and political connections sometimes

also lead to strikes by the lawyers’ associations. Noticeably, owing to the strikes and

vocations the substantial time is vanished as all cases scheduled for the day are adjourned

12
and fixed for hearing in future dates hence loading up the previously enormous backlog.

(Masooq, 2018)

D. TRANSFER OF JUDGES AND CASES

Undue delay befalls in cases owing to transference of the judicial officers from present

station to another station. This reshuffling and transmission of the judges, who is acquainted

with the facts of entire case, has heard testimony in order to decide the clash, will remove

much of his encouragement to push frontward the proceeding and obstruct the procedure of

constant trial; the new judicial officer replacing the preceding one may have to go through

the whole procedure again which were already contented. Many studies discovered that the

transferred judges were frequently not replaced. (Fariq, 2014)

E. INSUFFICIENT NUMBER OF JUDGES

The key causes of the unnecessary delay are an inequality between the need for the court

administration actions and the capability of the courts to provide those services. In simple

words, delay is regarded an obstacle of excessive cases pursuing too limited judges. A judge,

however intelligent, has a partial ability of working, he can work effectively in his capacity

not beyond that. How can the justice system be predictable to provide justice to every

individual when the single judge at all stages of the judicial order is overextended beyond

capacity. The judges would be at ease in surrendering adjournments, as it would give them a

barricade of break in the contemporary overwrought assignment situation in the courts. The

13
more judges are to hear cases; the earlier cases are disposed of without any undue delay.

(Fariq, 2014)

F. CONSTITUTIONAL AND PROCEDURAL REQUIREMENTS

Reasons deriving out of the adversarial legal system and the constitutional necessities

of the legalism of law correspondingly root judicial delays. Therefore, the statutory

assumption of innocence has need of vigilant transmission of criminal charges in the shape of

initial investigations directed by prosecutors or Trial Courts carrying out this function. After

the assenting preliminary discoveries and sufficient evidence of merits then the criminal

charge is filed against the accused in the court of law. This process is the surety of the

security against the frivolous and malicious prosecutions. The key problems which upturns is

that how to cut short the time in the various stages of the court trials for defending the rights

of every individual invoking the doors of court for justice. The civil and criminal procedural

laws provide distinct limitation of time for trials, which, unfortunately, is often prolonged

numerous times. A stringent judicial officer judge possibly will evade such excessive cause

of delay. (Tadiar, 1991)

14
 CHAPTER 02
LITERATURE REVIEW

2. LITERATURE REVIEW

The fundamental rule of natural justice is that 'justice may not only be composed in theories

rather be implemented practically. Obtaining justice should satisfy the litigant who required it

the most, wis, the delay defeats not lone equity but justice too. The delay justice in criminal

system has invariably been defeating justice more inescapably. (JUNAID, 2009) In Pakistan,

The criminal justice system has reaped a suspicious status for delayed allowance of justice.

Apparently, the judiciary of the Pakistan has failed to spread awareness of the basic rights

available to litigants as means of civil and criminal. The criminal justice in Pakistan grieves

from excesses and delays in trials. This is because of innumerable reasons, including a

deficiency of judges, burdened courts and an over-all incompetence of the justice system.

(MIRZA, 2016)

The delay is a noticeable issue in day to day practices of the courts, which undoubtedly benefits

the criminals and if justice is adjourned then alternatively crime is disregarded. Similarly, the
15
prompt progress of the current situation under the shade of delay the occurrence of crime is

rapidly disremembered which is solely in favor of the criminals. Thus delay stands on

uppermost to defeat justice and defense the criminals. (Barnes, 1916) The adjournments in civil

and criminal cases are unpardonable as these delays are because of the complex, outdated and

innate nature of the procedure, absurd traditionalism of the courts, and most importantly the

unethical conducts of the lawyers themselves. Delay ordinarily aids the cause of the respondent;

the petitioner proceeds gradually as he must ensue with care to avoid the numerous

consequences which are unnecessarily placed in his trail. The selection of judges for criminal

courts is shocking. (M'Dermott, 2014)

In judiciary delays are not always because of any external factors but are the common

practices, blaming the external factors is just to shifting the burden of shame. The utmost

evident reasons comprise outdated court procedures and unproductive case

administration techniques.

The causes of delays revolve around a culture with covers the judges, lawyers,

prosecutors and the police, who are throughout unconcerned about the procedural rule

and the limitation which later on result in predictable delays. Furthermore, the

insufficient corporal and human structure is incapable to keep up with the emerging

population and trial demands. These grounds can be endorsed by a determined judicial

system, nevertheless which does not influence in the affectless rebuttal of the legal

community to diagnose systemic defects in the system. (AHMED, 2016)

Law ministry of Pakistan has recently prepared a bill which denotes to punitive actions against

judiciary for delaying criminal trials. Furthermore, the criminal law reform of 2021 proposed to

16
introduce a new Section 265P in Criminal Procedure Code 1898, for fixing the limitation of a

criminal trial, which shall not, as proposed in bill, be more than nine months. (Malik, 2021)

Currently delay in pendency of the criminal trials is the prominent problem faced by the

judiciary. It is, this, analyzed that various accused of trivial offences spend much of their time in

prison until convicted or acquitted. In some of the cases many accused persons even spend

excessive time in jails than the awarded imprisonment merely owing to the delays in the

criminal trials in administration of justice. The measured ratio of delayed discarding of criminal

cases had excessively increased in the country, which is taunted not only as denied justice but

also justice as a myth and demoralized. (Das, 2020)

Devastation of the time over the frivolous matters is the best example of the delays in trials.

Weeks are wasted on proofing the complex facts by the prosecution merely to send the accused

behind the bars by compelling the accused to confess what he is alleged of and break the

defense. Much of the valuable time of the criminal court are busted by the tricks of the

counsels. For being standing advocate for a decade now I have experienced how counsels

wasted precious time of the honorable court inspecting exhibits of priory seen documentations. I

have acknowledged judges sent out for time to time during the trial which could be heard and

determined pre-trial if were argued by the lawyers. I have also witnessed the court rooms being

empty for days after a trial has reached to its conclusion, rather the same could be invested, if

acting smart, in conducting trial for another case. (Roden, 2009)

The important factors of delays are flaws in the fundamental phases of the investigations which

creates obstacles in the cases progress and thus the timely justice is avoided. It impacts upon the

quality service to the public and the litigants and builds uncertainties over the credibility of the

17
justice system. Henceforth, there is also a momentous pecuniary cost of preventable delay in

accumulating to the impingement thereon litigants, victims and witnesses. (Donnelly, 2018)

Owing to the delays in country’s appellate procedure several criminal offenders pursued release.

After they reached to the federal courts with a writ of habeas corpus, they succeeded in claim of

being unconstitutionally unprivileged of the right of appeal in disposal of their cases. However,

they acquired relief in shape of an order of the court to determine their criminal appeals or to

discharge them from the alleged claim. (L.Wasby, 2016)

Delay in criminal justice system in Pakistan is an unbearable phenomenon which has numerous

causes. Researches on the problem have portrayed that lack of judges, inducement, and

inexperienced judges are deemed the very causes of delay in criminal justice system in Pakistan.

Apart from that, the extreme pendency and mismanagement of the cases are also playing their

part in delaying the criminal justice system. Transferring the judges from one station to another

is troublesome since it makes the trial run longer as the newly transferred judge takes time to

understand the nature and facts of the cases or may recall for restarting the trial however the

case may be. Consequently, delay in disposal of criminal cases is not only weakening the

judicial system of Pakistan but also threatening the legal system of the entire world. (Ali S. ,

2021)

Reducing delays and guaranteeing the speedy justice is the only possibility to reconstruct the

trust of people upon judiciary and the justice system. Delay entirely ruins the justice system of

countries at every stage of judiciary. Such delays are traced to be prolonged in sheer hierarchy

of the courts which are formed to provide justice to every individual knocking its doors. Thus

“justice delayed is justice denied” has turned out to be unimaginative and every individual,

globally, are impacted by this universal wrong from one way or the other. (Majumder, 2018)

18
Ensuring the true implementation of law and diminishing delays in criminal trials in Pakistan,

the major weaknesses of the lack of accountability are to be tackled seriously. Alteration and

destruction of the documentations and files of the pending cases are enhancing the unnecessary

time in disposal of the trial. Noticeably, no synchronization between courts, prosecution

department and the police has made the problem of delay in some extent more critical, which

resulted in no evocative association of the crime and the prosecution conclusive and a

throughout vagueness in the procedure. (Zaffar, 2015)

Deficiency of capability and judicial inadequacy render into delays in discarding of criminal

cases. Litigants too are guilt-ridden of implementing negligent strategies, establishing false

claims and thus violating and maltreating the course of law. The law making authority of the

state has endeavored to defy the delay problem in courts proceedings. Thereof the parliament

conceded The Costs of litigation Acts 2017 which pursues to avert false and frivolous lawsuit

and delaying strategies by the litigants in court proceedings by imposing punitive compensation

on the faulty party. (Bandial, 2018)

Theoretically, criminal trials consume lesser time to dispose of, but unfortunately there exists

more than two million pending cases in the courts of Pakistan. This is marks as a custom rather

than any irregularities. Noticeably, the code of criminal procedure of 1898 is now 124 years’ old

which is throughout outdated and a creation of British Raj which needs required amendments

having in view the current need of time. However, undue delays in criminal justice system in

Pakistan are not always because of any exterior influences’ but are pervasive and blaming the

outdoor factors is merely shifting the blame to lighten the guilt. (AHMED, 2016)

Delay in criminal proceedings is deemed a grave, unrestrained problem being faced by the all of

the branches of the government. Every individual and the litigants are entitled to speedy trial of
19
the criminal cases which they are part of. Delay keenly impacts the efficiency of the justice

system and mainly the efficacy of the penalty by suspending the endorsement and holding off the

sentence of the convicted and the justification of the acquitted. Delay destabilizes the

genuineness, consistency and the reliability of the judicial system of the country. Moreover, it

weakens the puissance of the prosecution as the aggrieved party and the witnesses no longer

become competent to presentence evidence or appear before courts. (Feltes, 1989)

There is no prescribed time limit in criminal trial which causes delays in CJS of Pakistan.

Though, undue delay has abundant of impacts upon the reliability of oral evidence. In the current

case law, money was rendered to the accused in 1958, which was refused to be paid back by him

till 1961. The applicant invoked the doors of High Court and lodged a report for criminal breach

of trust in 1964. The case of the prosecution was overruled in circumstances of the case. (Zafar

Ullah Khan (Applicant) Versus Fahimuddin Khokar and another (Respondents) , 1973)

20
 CHAPTER 03
METHODOLOGY

3. METHODOLOGY

In the present paper the researcher has applied the mixed research methodology which is

considered appropriate for this study. The researcher utilized the pending criminal cases in Kech

court and sources including, the close reading of the text along with arranging interviews with

the concern departments and persons. The quantitative and qualitative methods were applied to

examine the problem relating to delay in criminal cases along with its impacts on the litigants.

This research was designed to investigate pending criminal cases and its effects on litigants of

District Kech. The derivable statistics were used for data analysis. Frequency distribution was

utilized to analyze the opinions of each respondent through (SSPS) a software for data analysis

which was used in order to discover the relationships of primary and secondary variables. In the

paper interviews of the concerned parties were conducted and analyzed in the paper to come up

with the reasons relating to the study which is why mixed method is used to explore the data in

the research paper.

21
 3.1.RESEARCH DESIGN

The quantitative and qualitative methods is used to probe the influenced delays in

criminal justice system and its effects on litigants in District Kech and all the data will be

collected statistically with rating scales.

3.2.TARGETED POPULATION

The targeted population for this study included students of faculty of law university of

Kech, some certain practicing lawyers, prosecutors, judicial officers, law lecturers,

accompanying concerned parties.

3.3. SAMPLING DESIGN:

This study was conducted on a sample of delay justice system in criminal cases and its

effects on litigants in perspective of district Kech which was concluded in the month of April

2022. Simple Random Sampling [SRS] was used for this research paper.

3.4.ETHICAL CONSIDERATION:

Current research paper has pursued every ethical rules and regulations whilst carrying on

the research and there were not any unethical or informal act throughout the collection of data.

The ethical consideration was the very and primary prominence of this researcher paper.
22
 3.5.SAMPLING SIZE:

A sampling size of 50 students along with litigants and lawyers were given questionnaire

for their responses for data collection. Questionnaires were distributed randomly.

3.6.KEY INFORMANT INTERVIEWS

This research was conducted on the basis of mixed methodology of which qualitative and

quantitative methods were applied for all, key interviews were conducted to get appropriate data

on the delay of criminal cases. The conducted key informant interviews were done in the

concerned parties, shared their experiences and reasoned why the delay in the criminal cases are

high in the court of district Kech. During the interviews the researcher was throughout unbiased.

The interviewer and interviewee cared the ethical consideration above their eyes and appropriate

opinions were collected to frame the study. The collected opinions were utilized in the current

paper.

3.7.DATA COLLECTION

For the determination of the study Questionnaires were distributed to appropriate persons

for the collection of data amongst which were the senior law students of university of Turbat and

the concerned parties. The data were collected through questionnaire and interviews and the

collected data were then analyzed through SPSS, a software to data analysis.
23
 3.8.PROCEDURE OF DATA ANALYSIS

The collected data, for this study, were evaluated by means of SPSS software to derive an

outcome of delay justice system in criminal cases and its effects on litigants in perspective of

District Kech particularly.

3.9.RESEACH INSTRUMENT

As research instrument interviews were conducted and questionnaires were distributed for

the purpose of collecting data. The mixed methodology was used for the research which is

deemed the most appropriate element for his study. The researcher utilized qualitative and

quantitative instrument for the study.

3.10. SURVEY

In this paper the survey was developed to come up with the views of the practicing lawyers,

public prosecutor along with concerned parties to determine the reasons of the delay in

disposable of the criminal cases and its impacts on the litigants in district Kech.

24
 CHAPTER 04

DATA ANALYSIS

4.1 INSTRUMENT

In the recent paper the researcher had used questionnaires in order to collect data

regarding the conducted research study. The questionnaire was distributed into two

distinct sections amongst which the first part enclosed questions linked with

demographical features, whereas the other section comprised fifteen diverse close-ended

(5-point scales, 1= strongly disagree to 5= strongly agree) questions divided into three

categories measuring variables of the study.

4.2 DEMOGRAPHIC INFORMATION

The first section of the questionnaire was utilized to gather data relating the

demographic features of the respondents. This section mainly contained three questions,

25
 i.e. gender of the respondent which was roundabout as (1= male and 2= female), age of

the respondent which was roundabout as (1= 20-30, 2 = 30-40, 3 = 40-50, and 4 = 50 -

onward), and designation of respondent which was roundabout as (1 = student, 2 =

lawyer, and 3 = other).

4.2.1 GENDER OF RESPONDENTS

Gender of Respondents
Cumulative
Frequency Percent Valid Percent Percent
Valid Male 34 68.0 68.0 68.0
Female 16 32.0 32.0 100.0
Total 50 100.0 100.0

Table. 4.2.1

Chart 4.2.1

26
 The aforementioned Table 4.2.1 and Chart 4.2.1 indicates that the sample contained both

of the genders, male and female, as respondents for data collection. The sample involved 50

responses among them were 34 male respondents which stands at 68% and 16 female respondent

which stands at 32%.

4.2.2 AGE OF RESPONDENTS

Age of Respondents
Cumulative
Frequency Percent Valid Percent Percent
Valid 20-30 38 76.0 76.0 76.0
30-40 7 14.0 14.0 90.0
40-50 5 10.0 10.0 100.0
Total 50 100.0 100.0

Table 4.2.2

27
 Chart 4.2.2

There were different aged respondents for data collection and the age of the respondents

where was roundabout as (1= 20-30, 2 = 30-40, 3 = 40-50, and 4 = 50 - onward). The

abovementioned Table 4.2.2 and Chart 4.2.2 indicate the frequency and the percent of the age of

respondents for sample. Amongst the total sample of 50 respondents, 38 respondents were

between the age group of 20-30 which highpoints at 76% of total sample, 7 respondents were in

age group of 30-40 which stances at 14% of total sample, and 5 respondents were in age group of

40-50 which stands on 10% of the total sample of the study.

4.2.3 DESIGNITION OF RESPONDENTS

Designation of Respondents
Cumulative
Frequency Percent Valid Percent Percent
Valid Student 32 64.0 64.0 64.0
Lawyer 15 30.0 30.0 94.0

28
 Other 3 6.0 6.0 100.0
Total 50 100.0 100.0
Table 4.2.3

Cha

rt 4.2.3

Data collection process was carried out between the students, who were specifically taken

from final semester students of law faculty, at university of Turbat as they had experience of law

practice for six weeks in shape of internships in distinct courts, lawyers at courts of District Kech

and other designation i.e. lecturers at Law Faculty. The above Table 4.2.3 and Chart 4.2.3

indicate the frequency as well as percent of the designation of the respondents who have

participated in data collection process. In the sum of 50 respondents 32 students participated

which stands on 64 %of the total sample, 15 lawyers took part which indicates 30% of the total

sample, and thus 3 other (lecturer of law department) participated which shares 6% of the total

sample recorded in the data collection process.

4.3 RELIABILITY TEST

29
 Case Processing Summary
N %
Cases Valid 50 100.0
Excludeda 0 .0
Total 50 100.0
a. Listwise deletion based on all variables in the
procedure.

Table 4.3

Reliability Statistics
Cronbach's Alpha
Based on
Standardized
Cronbach's Alpha Items N of Items
.733 .729 15

Table 4.3.1

Reliability of instrument is characterized as "how much measures are liberated from error
and hence produce steady outcomes" because of this, the reliability of a scale puts a perimeter on
its hypothesis validity. (Peterson, 1994). Both of the foregoing Tables 4.3 and 4.3.1 stipulate the
reliability of the study. The prior Table 4.3 of case processing summary indicates that there were
50 valid cases of the study in total and 0 case has been excluded. The Table 4.3.1 highlights the
reliability of the instrument. The value of Cronbach’s Alpha stands at .766 of 15 items which is
overhead .70 that demonstrates the study is reliable.

4.4 ANALYSIS OF VARIANCE

ANOVA

Sum of
Squares df Mean Square F Sig
Between People 153.259 49 3.128

Within People Between Items 86.139 14 6.153 7.370 .000

Residual 572.661 686 .835

Total 658.800 700 .941

30
Total 812.059 749 1.084

Grand Mean = 3.8453 Table 4.4

ANOVA statistical test was conducted to show the relation between the distinct variables

of the study. (F, value = 7.370, and Sig = .000) indicates the existing relationship between the

independent variable, The delay justice system in criminal cases, and dependent variable, its

effects on the litigants.

4.5 VALIDITY

KMO and Bartlett's Test

Kaiser-Meyer-Olkin Measure of Sampling Adequacy. .464

Bartlett's Test of Sphericity Approx. Chi-Square 206.665

Df 105

Sig. .000

Table 4.5
The preceding Table 4.5 disports two distinct tests for the validity of the instruments: The

Kaiser-Meyer-Olkin Measure of Sampling Adequacy abbreviated as KMO and the latter is

Bartlett's Test of Sphericity for analyzing the validity of the survey questionnaire of the study.

The worth of the KMO stands at .464 and the Bartlett’s Approx. Chi-Square is 206.665. Df value

= 105, and Sig. = .000.

31
 4.6 FACTOR ANALYSIS

Communalities
Initial Extraction
The delay in criminal cases always benefit-cum-motivate the 1.000 .608
criminals instead of preventing them committing crimes.

Extreme pendency of cases and overburdened courts are the 1.000 .766
causes of delay.

The failure of investigating agencies is the causes of delay in 1.000 .827

criminal cases.

Political influences cause delay in criminal cases 1.000 .691

Nonappearance of actual witnesses creates difficulty for the 1.000 .784

judges to decide the case timely.

The litigants suffer loss when they don’t get timely justice. 1.000 .746

Litigants not only suffer physically, but also psychologically and 1.000 .771
financially in consequences of delay in disposal of criminal cases
if justice is not provided timely.

Speedy and timely justice, being a right of every individual, eases 1.000 .603
the sufferings and pain of the litigants.

Prosecution department intentionally causes unnecessary delay 1.000 .662

in criminal cases.

The procedural laws of criminal are failed in providing timely 1.000 .710
justice to the litigants.

Appointing more judges can help in reducing delay in pending 1.000 .605
cases.
Transfer of judges, prior the disposal of pending cases, from one 1.000 .677
station to another station results in delay justice to the litigants.

A new law with the prescribed limitations for the disposal of 1.000 .707
criminal cases is the need of hour to eradicate delay in disposal of
criminal justice.

32
Establishment of more courts in every district of Balochistan with 1.000 .745
appointment of judges’ decrease the amounts of delay in pending
criminal cases and will ensure timely justice.

Legal community is responsible for the unnecessary delay in 1.000 .683

disposal of justice as it calls for numerous strikes occasionally
which prevent the pendency of the cases.

Extraction Method: Principal Component Analysis.

Table 4.6.1

Total Variance Explained

Initial Eigenvalues Extraction Sums of Squared Loadings
Component Total % of Variance Cumulative % Total % of Variance Cumulative %
1 3.429 22.858 22.858 3.429 22.858 22.858
2 1.913 12.752 35.609 1.913 12.752 35.609
3 1.548 10.319 45.929 1.548 10.319 45.929
4 1.360 9.069 54.998 1.360 9.069 54.998
5 1.306 8.708 63.705 1.306 8.708 63.705
6 1.028 6.856 70.561 1.028 6.856 70.561
7 .948 6.321 76.882
8 .706 4.709 81.591
9 .613 4.089 85.680
10 .589 3.929 89.609
11 .488 3.253 92.862
12 .370 2.467 95.329
13 .310 2.064 97.393
14 .267 1.777 99.170
15 .125 .830 100.000
Extraction Method: Principal Component Analysis.
Table 4.6.2

Component Matrixa
Component
1 2 3 4 5 6

33
The delay in criminal cases .593 -.064 -.373 .050 -.025 .332
always benefit-cum-motivate
the criminals instead of
preventing them committing
crimes.
Extreme pendency of cases .591 -.273 -.362 -.367 -.232 -.149
and overburdened courts are
the causes of delay.
The failure of investigating .534 -.406 .533 -.167 -.229 .108
agencies is the causes of delay
in criminal cases.
Political influences cause delay .540 -.467 -.293 -.006 .070 .300
in criminal cases
Nonappearance of actual .387 .142 .529 -.548 .039 .177
witnesses creates difficulty for
the judges to decide the case
timely.
The litigants suffer loss when .581 -.110 -.065 .318 -.174 -.510
they don’t get timely justice.
Litigants not only suffer .639 -.028 .092 .364 -.378 -.279
physically, but also
psychologically and financially
in consequences of delay in
disposal of criminal cases if
justice is not provided timely.

Speedy and timely justice, -.013 .326 .190 .532 -.364 .212
being a right of every individual,
eases the sufferings and pain
of the litigants.

Prosecution department .461 -.164 .337 .221 .507 .041

intentionally causes
unnecessary delay in criminal
cases.
The procedural laws of criminal .327 .132 .398 .100 .553 -.335
are failed in providing timely
justice to the litigants.

Appointing more judges can .299 .658 -.224 -.026 .140 -.104
help in reducing delay in
pending cases.

34
Transfer of judges, prior the .661 .358 .153 -.187 -.214 .085
disposal of pending cases, from
one station to another station
results in delay justice to the
litigants.
A new law with the prescribed .452 -.152 -.300 .321 .480 .236
limitations for the disposal of
criminal cases is the need of
hour to eradicate delay in
disposal of criminal justice.

Establishment of more courts in .328 .689 .051 .167 -.066 .357

every district of Balochistan
with appointment of judges’
decrease the amounts of delay
in pending criminal cases and
will ensure timely justice.

Legal community is responsible .310 .455 -.373 -.390 .156 -.253

for the unnecessary delay in
disposal of justice as it calls for
numerous strikes occasionally
which prevent the pendency of
the cases.

Extraction Method: Principal Component Analysis.

a. 6 components extracted.
Table 4.6.3

Factor Analysis endeavors to work on complicated and various connections that exist among
a set of noticed variables by uncovering normal aspects or elements that interface together the
apparently irrelevant factors and subsequently gives understanding into the meaning of basic
construction of the information. (Balasundaram, 2009) Factor analysis permits us to work on a
bunch of complex variables utilizing statistical strategies to investigate the fundamental aspects
that make sense of the connections between the numerous variables. (Wetzel, 2020) The
researcher, in this current study, has scrutinized factorability of 15 items in total. Between these
15 items every 5 items link respectively with other item. The said Table 4.6.1 of Communalities
is endorsing the collective variance and correlation which is mutually shared between the

35
individual items in the table. The factor analysis is considered to be appropriate and proper with
all of the 15 items in whole as per the overall indicators.

In Table 4.6.3, the Principal Components Analysis was applied in order to categorize and figure
composite scores for the factors underlying the short description of every individual item. The
Table 4.6.2 stipulates the aggregate experience variance of all of the 15 items. The Initial
Eigenvalues indicated signified that the first, second, third, fourth and fifth factors explained
22.858%, 12,752%, 10.319%, 9.069%, and 8.708% of variances respectively and these very first
five factors are in correlation with each other at the average of 12.741%. Likely, the next five
factors as component sixth, seventh, eighth, ninth and tenth explained 6.856%, 6.321%, 4.709%,
4.089%, and 3.929% variances and these next first five factors are in correlation with each other
at the average of 5.1808%. Thus, the last five factors as component eleventh, twelfth, thirteenth,
fourteenth, and fifteenth factors explained 3.253%, 2.467%, 2.064%,1.777%, and .830%
variances and these last first five factors are in correlation with each other at the average of
2.0782 %.

4.7 CORRELATIONS

Descriptive Statistics
Mean Std. Deviation N
Unnecessary delay in criminal cases in the
3.8400 .65652 50
courts of District Kech

Timely justice eases the sufferings of the

3.9120 .54684 50
litigants

Administration of justice is provided by the

3.7840 .63739 50
implementation of appropriate laws on time

Table 4.7.1

Correlations

36
 Administration of
Unnecessary justice is provided
delay in criminal Timely justice by the
cases in the ease the implementation of
courts of District sufferings of the appropriate laws
Kech litigants on time

Unnecessary delay in criminal

Pearson Correlation 1 .347* .308*
cases in the courts of District
Kech Sig. (2-tailed) .014 .030
Sum of Squares and Cross- 21.120 6.096 6.312
products
Covariance .431 .124 .129
N 50 50 50
Timely justice eases the *
Pearson Correlation .347 1 .335*
sufferings of the litigants
Sig. (2-tailed) .014 .017
Sum of Squares and Cross- 6.096 14.653 5.730
products
Covariance .124 .299 .117
N 50 50 50
Administration of justice is * *
Pearson Correlation .308 .335 1
provided by the
implementation of appropriate Sig. (2-tailed) .030 .017
laws on time
Sum of Squares and Cross- 6.312 5.730 19.907
products
Covariance .129 .117 .406
N 50 50 50
*. Correlation is significant at the 0.05 level (2-tailed).

Table 4.7.2

Correlation is one more approach to surveying the connection between variables.

precisely, it estimates the degree of correspondence between the requesting of two arbitrary

factors. (Thatte, 2017) Moreover, correlation analysis regulates the distinction and similarities of

the various variables from each other. The higher the correlation, the stronger is the connotation

amongst the variables. A low correlation designates a meager association concerning the

variables. In this current study the correlation amongst the Unnecessary delay in criminal cases

in the courts of District Kech, Timely justice eases the sufferings of the litigants, and

Administration of justice is provided by the implementation of appropriate laws on time have

37
been analyzed in the aforementioned tables. In the first Table 4.7.1, the Means of three distinct

variables are mentioned as (3.8400/ 3.9120/ 3.7840), whereas the ratio of these variables are

(1.92:1.956:1.892). For the comparison of the strength and the weakness of each of the variables,

the ratio exploration is very primary. The Pearson correlation test is used for the consideration of

the correlation concerning the three of variables. The Pearson Test estimates the strength of the

straight connection between the variables and if the correlation value is nearby zero proposes no

direct relationship between the variables; and value -1 is measured to be weak and undesirable

correlation amongst the variables. Thus the value +1 determines a sheer positive correlation

between the variables.

The correlation amongst the Unnecessary delay in criminal cases in the courts of District Kech,

Timely justice eases the sufferings of the litigants, and Administration of justice is provided by

the implementation of appropriate laws on time are mentioned in Table 4.7.2. similarly, the

correlation of the Unnecessary delay in criminal cases in the courts of District Kech is (.347

= .308), Timely justice eases the sufferings of the litigants is (.347 = .335), and Administration of

justice is provided by the implementation of appropriate laws on time is (.308 = .335). The

Pearson Correlation values of the aforesaid variables indicate durable and affirmative correlation

amongst the three of the variables.

4.8 FINDINGS IN INTERVIEWS

Key interviews were conducted for the current research paper to get appropriate data on the

delay of criminal cases in District Kech and its effect on litigants, for that various relevant
38
questions were asked by the interviewer to the interviewees, among them were experienced

criminal lawyer as well as public prosecutor and Judicial Magistrate (who requested not to

disclose their names), thus the interviewer recorded their responses in person to every individual

question in their own wordings without any biasness; and thus in the parameters of ethical

consideration. The questions were throughout revolving around the delay in criminal justice

system particularly in District Kech and its effects on the litigants. The interview questions were

used in open-ended form and were provided to the respondents’ prior conducting the interviews.

The respondents were given free hand to answer the questions as per their experiences,

acquaintance and conscience of legal knowledge and day to day practices in courts.

4.8.1 CAUSES OF DELAY:

4.8.1.1 DELAY OWING TO LAWYERS

R1: “In certain occasions undue delay is caused because of the absence of

lawyers during the pendency of the trials. These absences can be of various

reasons, among them weak preparation of the lawyers of cases is the most

common factor.” (R1, 2022)

R2: “Lawyers are responsible for delaying the criminal trials for many

reasons. They are not timely prepared for the cases and prevent being

presented before the court; and the judicial officers have no authority to

force them to attend the cases. Moreover, fees issues between the lawyers

39
 and the litigants or clients also, in certain amount, cause delay in the

criminal trials. The most common tactic is the absence of the lawyer in the

station, strikes calls by the lawyers’ association, and too much engagement

of the lawyers in other activities including social, political and so forth.”

(R2, 2022)

R3: “In every legal system the lawyers use various tactics to delay the cases

deliberately and the reason behind that can differ from lawyer to lawyer.

The most practiced tactic in every court is that the senior Counsels send the

junior lawyers on their behalf when they are not prepared for the trial to

date the case by excusing the court that the senior counsel is busy in

another cases or is out of station that is why he cannot proceed with the

case.” (R3, 2022)

Undue delay in the criminal trials is an augmenting phenomenon in day to day court

proceedings which is becoming uncontrollable. In order to investigate the key causes of unnecessary

delays in criminal justice system the interviewer recorded the responses of every individual

respondent in person. The respondents indicated distinct causes of unwanted delays in criminal justice

system (CJS), particularly in the courts of District Kech. The causes were categorized as per the

relevant and correlating responses of the interviewees, amongst them one is delay owing to the

lawyers.

As per the respondent one, which is referred as “R1”, who wished his identity be concealed, in many

occasions owing to the absence of the lawyers, at the time of court proceeding, is one of the basic

40
causes of delay in criminal trials. Furthermore, this purported absence is because of several reasons

and the weak and poor performance or preparation of the lawyers of their cases is the regular reason

of the lawyers not being present for proceedings.

The respondent two, referred as “R2”, makes the lawyers responsible for causing delay in criminal

justice system in many ways. According to him, the lawyers adopt numerous tactics for delaying the

trials. For instance, they are not timely prepared for their cases and it prevents them being presented

before court; unfortunately, the judges have no authority to force the lawyers for attending their

proceedings on time. Another reason of delay in criminal justice system is the fee matter between the

lawyers and their clients or litigants. Henceforth, the most common tactics, in views of the

respondent, is the absence of the lawyer not being available in the station, strikes calls by the lawyers’

association and involvement of the lawyers in other socio-political and other sort of activities.

The third respondent who is referred as “R3” believes that not only in the courts of District Kech, but

in every legal system the lawyers benefit from distinct tactics to cause deliberate delays in cases. The

most practiced tactic, according to the respondent, is that the junior lawyers are present before court

on behalf of their senior counsels when they are not prepared for trail and date the case for future day.

4.8.1.2 DELAY OWING TO BAR ASSOCIATION

R1: “Strikes by the lawyers’ association also result in delaying the criminal

cases. Bar Association can do nothing to stop or has no role in preventing

or forcing the lawyers from causing undue delay. Albeit, the Bar can also be

included as a reason for delays owing to its calls for strikes and it can

prevent such unnecessary delays by reducing the strikes.” (R1, 2022)

41
 R2: “The bar association is responsible for undue delay merely because of

its calls of strikes which take the whole day off for the courts to proceed

with any case and the same cases are referred for future day for hearing.”

(R2, 2022)

R3: “strikes of bar are bar elections take much of time of the courts to go

without proceeding with any cases for days. It not only makes the litigants

suffer but are reasoned to more pendency of cases in courts and also the

waste of court time.” (R3, 2022)

The unjustified delay in criminal justice system are due to many factors. Likewise, owing to

Bar association of the lawyers, delay takes place in court proceedings. The recorded responses of the

all of the respondents have a common cause of delay in criminal cases which is the excessive calls for

strikes by the bar association which completely suspends the court proceeding for days. These strikes

cause delay in the cases as well as is the reason behind more pendency of cases in court and waste of

court time.

4.8.1.3 DELAY OWING TO JUDICIARY

R1: “The judiciary also has a role in delaying the criminal justice system.

For instance, a judicial officer has to deal with a bundle of cases on daily

bases. When more than one trial is brought for argument or the examination

of the witnesses, which is very time consuming, the judicial officer gets
42
 exhausted and may not proceed with all cases, and put them on next date for

hearing. Hence it also adds another cause in delaying the criminal justice

system.” (R1, 2022)

R2: “The overall mechanism of the justice system is responsible for delay of

trials, which includes police lack of proper investigation, judges show poor

scrutiny of challan, prosecution least intended to follow up the case and

lawyers lack of preparation of cases lead to adjournment.” (R2, 2022)

R3: “the judiciary is responsible in some extent as if the judiciary takes

strict actions against undue delay, coordinate with police and prosecution

department, and cooperate with the lawyers in every possible way then such

undue delay can be controlled.” (R3, 2022)

Delay in criminal trial are also caused because of the judiciary too. The responses of the

interviewees highlight that the judiciary has a role in delaying criminal justice system, as a judicial

officer has the duty to proceed with a lot of cases every day. If a case if fixed for arguments or

examination of the witnesses, which is a time-consuming process, the judge may not proceed with

the rest of the cases of the cause list in consequence of exhaustion. Thus, the rest of cases are fixed

for future day for earing which is one of the causes of undue delay. The respondent one, by sharing

has experience stated that while he was practicing in Karachi back then, he witnessed a murder

case which was pending since its institution in 1994 which is a grave example of delay in criminal

justice system.

43
Furthermore, in the aforementioned responses of the interviewee, one of the respondents believes

that the entire administration of the justice system is responsible for delay in criminal justice

system, as the judges show week inspection of challan which is the initial stage of the case

institution which weaken the case and causes delay. The judiciary is responsible for not taking

strict actions against undue delay. If the judiciary cooperates with the prosecution and lawyer

under a mutual understanding for lessening the unwanted adjournments in criminal justice system,

then these delays can be controlled in some extent.

4.8.1.4 DELAY OWING TO PROSECUTION

DEPARTMENT:

R1: “Prosecution department also causes delays in the criminal trails by

not producing the witnesses in the court. They take advantage of multifold

of excused for not producing their witness. I have witnessed the prosecution

delayed in presenting witnesses in consequence of which the judge issued

warrant against the absent witnesses, and the prosecution submitted

application to set aside the warrant by excusing the court.” (R1, 2022)

R2: “The police and the prosecution both are responsible for delaying of

criminal trials. The reason behind this delaying factor is the lack of

44
 coordination and collaboration between the police department and the

prosecution department.” (R2, 2022)

R3: “The prosecution as well as police department are parallelly

accountable for delay. Not registration of FIRs on due time which not only

delays the trial but also procrastinates the initial step of the case and

provides excusable grounds to the defence counsels in acquitting the

accused without being heard on merit of the evidences.” (R3, 2022)

Apart from hereinbefore nominated causes of delay, according to the jotted responses of the

interviewees, the prosecution department is also responsible for causing delay in criminal justice

system in District Kech. The prosecution is responsible for undue delay in criminal trial by

withholding the witnesses to be presented in court proceedings by taking lead of a number of excuses.

Similarly, lack of harmonization and collaboration between the prosecution and police department also

cause delay in criminal trails. For instance, failure of police department in registration of FIRs on due

time adjourns the initial needs of the trial as well as cause delay in it from the side of the prosecution.

4.8.2 EFFECTS OF DELAY ON LITIGANTS

R1: “Many accused are detained in prisons for very minor offences and the

trials take more time than the actual punishment for that minor offence

itself. This failure in disposition of the criminal cases not only effect the

accused psychologically, but also make him physically ill and financially
45
 poor. Moreover, the detained accused are brought in the court at the time

when court opens and they wait whole day long for their call of proceeding,

during this long wait they go through mental agony, stress, shame of guilt.

This hell suffering repeats again and again which mentally tortures the

accused.” (R1, 2022)

R2: “The litigants mainly suffer economically and psychologically in

consequence of undue delay in proceedings. Furthermore, the waste of time

is another effect which litigant suffer from.” (R2, 2022)

R3: “the undue delay in criminal trials effect the litigants from various

angles such as they suffer mentally, physically, economically and also waste

of their time. Many of the litigants, owing to the delays in trial spend

excessive time in imprisonment than of their actual punishment of the

offences,” (R3, 2022)

It is obvious the delay effects the litigants the most as they are the one being tried in the court and

they are only ones to suffer the consequences of undue delays. In order to figure out the effects of

delay on the litigants, the abovementioned responses of the interviewees are to be read and analyzed

thoroughly. As per the respondents that a number of the litigants are imprisoned for very tiny offences

and the proceedings for those minor offences, because of the undue delays, take more time than the

awardable imprisonment itself. Noticeable, this failure effects the litigants psychologically and

physically sick and economically insolvent. The detained litigants, though suffer from mental agony

and physical hell, their time is also swallowed completely, as they are brought early in courts before

46
the proceedings start. They wait whole day for their case to proceed; and this long wait is accompanied

with heart shattering, disappointed thoughts, nervousness, anxiety and most importantly with the fare

of the court decision and proceeding.

47
 CHAPTER 05
DISCUSSION, CONCLUSION, RECOMMENDATIONS

5.1 DISCUSSION

Undue delay in criminal justice system is a grave obstacle and a shame over the

trustworthiness of judiciary of Pakistan. Likely, the same is effecting the criminal justice system

in the courts of District Kech. These notorious delays in administration of justice is not only

ruining the credibility of the judiciary, but also effecting the litigants in many ways, be it

psychologically, physically, socially or financially. The researcher has conducted a survey by

means of questionnaires distribution among the legal persons including lawyers, lecturers and

legal students and conducted structured interviews in person with the selected Judicial

Magistrate, Public Prosecutor, and criminal lawyer merely in District Kech to prove the

hypothesis of the research; and figure out various causes of the undue delay in criminal justice

system in the courts of District Kech and effects of these caused delays on the litigants by

multifold of means and spheres. Similarly, a series of scholarly works were reviewed and added

in second chapter of the current paper to further reconnoiter the dissimilar causes of the delays in

administration of criminal justice in various legal systems of the world as well as Pakistan to

support the problem of the statement of the study and to answer the research questions.

Furthermore, the findings of the study revealed that there are numerous causes of undue delay in

criminal justice system in the courts of District Kech and a number of cases were experienced by

the respondents of the interviews. During an interview an example of a literal case of Turbat was

briefly looked over on the delay which was tackled by one of the interviewee that there was a

48
cases of dacoity in District Kech in the year 2019 and one of the respondents was appointed as

the counsel for that case. Till present day, that case is the biggest of its kinds which took more

than two years to dispose of. The key factors of delay in the abovementioned cases were that the

case was instituted in the Court of Session and Session Judge referred the case to the Additional

Session Judge. Unfortunately, the Additional Session Judge was not available at the station

which delayed the trial. Later on, when the case was formally proceeding in the court, the

summoning of the witnesses further delayed the case as the witnesses were the police personnel.

By the time of the proper trial of the case those witnesses were transferred to another stations and

their presence in the court was hardly possible which delayed the case for more than two years.

Noticeably, in the light of the findings of the study the researcher concluded that the criminal

cases are delayed in two ways, either they are delayed intentionally or the delay occurs

unintentionally. Both of them represent totally different phenomenon. In the intentional delays,

which is sub-divided into many parts e.g. delayed causes by the tactics of the lawyers by not

being prepared for the cases, not getting desired fee from the clients, by the strike calls of the

lawyers’ association on various matters, by the failure of police department of adjourning the

registration of the FIRs, by the prosecution department in not presenting their witnesses on time,

by the overburdened works on the judicial officer and so forth.

The findings further reveal that the components of criminal justice system are equally

responsible for the causes of delay in administration of justice among which are police, lawyers,

prosecution, judiciary, and the substantive law itself as well. The police in politicized unskilled,

conducts defective investigations and hence delays in submitting challans before court for the

trial initiation which consequently results in adjournment in trials. Prosecutions are not easily

available in every courts and are not well facilitated or upgraded for their duties or representation

49
of the government. Likewise, the lawyers do unnecessary adjournments in proceedings. Lack of

firms is another factor of delays in the criminal trials as an individual lawyer is hired by a

number of clients simultaneously and it becomes very tough for the individual lawyer to manage

time for each of the cases on daily basis which alternatively leads to delays in the proceedings.

Moving towards judiciary then insufficient judicial officers amount in the causes of the delays in

criminal justice system as less judges are available to deal with a bundle of cases which is hard to

manage time for hearing of many of the cases on day to day proceedings. Putting a glance over

the substantive law then it is marked defective and outdated laws of 18s century. There is no

mandate in these laws regarding the time frame of the proceedings.

Apart from the causes of the delay in the administration of criminal justice, the researcher

determined the effects of the delay in criminal justice system on the litigants by the discoveries

of the current study. The litigants suffer from mental torture, physical weakness, psychological

conditions, financial crisis, time catastrophe and social destruction merely because of the delays

in their trials.

Henceforth, the researcher has mainly conducted the research on the problem of the statement

and the hypothesis which was successfully achieved through the findings of the data. Previously,

various studies were led on the delay justice system which were cited aforesaid in reviewed

literature, but no prior research was conducted on the delay justice system in criminal cases

particularly in the District Kech. It is the very kind of study on the said gap and the researcher

welcomes potential future studies on the diverse characteristic of the same area and most

importantly on the key cases of the delays recorded in the courts of District Kech.

50
 5.2 CONCLUSION

In the entire process of the study the researcher has confronted with numerous of challenges

and predicaments for obtaining the suitable outcome of the research questions and hypothesis

and thus to derive an accessible sketch of the undue delays caused in the criminal justice system

in the courts of District Kech and their effects on the litigants. As per the concern of the study,

the research consideration was instigated in the perspective of District Kech. Furthermore, to

prove the doubts raised in research questions, countless of scholarly works were studied to dig

out various causes of undue delays in criminal justice system throughout the global legal systems

in order to back the study in an amazingly logical perspective. To conclude, it is derived from

the analysis of the study that delay is a growing cancer inside the criminal justice system of

every legal system, and particularly in the courts of District Kech, which has to be treated

instantly without any excuses or procrastinations before it swells out and effect the entire justice

system permanently and become incurable.

Even if this current paper does not endorse a very vast jurisdiction, it undertakes to establish the

significant substantial facts of the causes of undue delay in criminal justice system and effects of

these delays on litigants in perspective of District Kech. It is profusely scrutinized after the

examination of diverse abovementioned chapters of the study that the delay in criminal justice

system in the courts of District Kech are caused in arrears to a number of reasons, either thought-

out or unasked for, whatever the case may be, are effecting the litigants severely in every aspect

of life. Likely, the prolong delays in criminal justice system cause infringement of the right of

51
the citizens carried under article 37 (d) of the Constitution of Republic of Pakistan, which reads

as:

“Article 37(d) ensure inexpensive and expeditious justice;”

Moreover, to summarize the findings or analysis of the said chapters, it is determined that the

undue and extended adjournments in the criminal trials of the courts of District Kech are

reasoned by the deliberate tactics of the lawyers in ordinary cases as the lawyers use the help of

excusable tactics in not being present for the proceedings in consequence of poor preparation of

the cases and other inconsistent reasons of adjournment of the trail for further gearing date.

Despite lawyers, the prosecution department, bar association and the judiciary are equally liable

for the causes of the unnecessary delays in the criminal justice system in the courts of said

region.

The findings of the study have demonstrated that excessive delays are caused owing to the

lawyers, bar association, prosecution and administration itself and yet no satisfactory measure

has been taken to lessen the delays for making the prompt justice accessible and making the

sufferings of the litigants remediable. Unfortunately, these lengthen delays are making the image

of justice system darker and brighter and stronger the belief of “justice delay is justice denied”.

5.3 RECOMMENDATIONS

After thorough scrutinizing of the causes of undue delay in criminal justice system (CJS) in the

courts of district Kech, the researcher proposes the following recommendations:

 Constitutional implementation of procedure of trial to be adopted as per article 37 (d)

“ensure inexpensive and expeditious justice”.

52
 A criminal case must not be adjourned for the next hearing until of the cogent and natural

reasons of the death, calamity and so on.

 The lawyers must follow the procedural law and prepare for the cases to dispose the cases

timely

 There must not be undue boycott from lawyers’ association.

 Lawyers be sincere and punctual and be dedicated to their profession.

 There must be special training of police to have bold investigation on criminal cases and

the Police must comply with care the directions.

 There must be effective service of summons and notices

 There must be more appointment of judges to deal the cases.

 There must be reform in procedural system.

 Special changes shall be brought in evidence procedure.

 Cause lists of the Courts shall not exceed more than 10 to 15 cases per day.

 Reducing appellant forums and revision process can help in reducing undue delay.

 Prosecution must bring witnesses on the fixed dates for hearing of trial without making

any lame excuses of withholding them to be present before court.

 The criminal courts have to come up with the directions of international charters, such as

ICCPR, UDHR, to ensure trails within reasonable time.

53
  QUESTIONNAIRE USED IN STUDY FOR DATA COLLECTION

Topic: The delay justice system in criminal cases and its effects on litigants:

a case study of District Kech

Directions:
With due kind and honor, please indicate your level of disagreement and agreement with the
given statement “The delay justice system in criminal cases and its effects on litigants: a case
study of District Kech” Please tick the mark in the box according to your answer.

Demographic information.
Name------------------------------------ [Optional] Gender --------------------------------------
Age ------------------------------------------ Occupation --------------------------------
Semester (for student) ------------------------- Department--------------------------------

S. Question Strongly Disagre Neutral Agree Strongly

No Disagree e Agree
1 The delay in criminal cases always benefit-cum-
motivate the criminals instead of preventing
them committing crimes.

2 Extreme pendency of cases and overburdened

courts are the causes of delay.

3 The failure of investigating agencies is the causes

of delay in criminal cases.

4 Political influences cause delay in criminal cases.

5 Nonappearance of actual witnesses creates

difficulty for the judges to decide the case timely.

Unnecessary delay in criminal cases in the courts of District Kech

54
 Timely justice eases the sufferings of the litigants
S. Question Strongly Disagree Neutral Agree Strongly
No Disagre Agree
e
1 The litigants suffer loss when they don’t get
timely justice.
2 Litigants not only suffer physically, but also
psychologically and financially in consequences
of delay in disposal of criminal cases if justice is
not provided timely.
3 Speedy and timely justice, being a right of every
individual, eases the sufferings and pain of the
litigants.

4 Prosecution department intentionally causes

unnecessary delay in criminal cases.
5 The procedural laws of criminal are failed in
providing timely justice to the litigants.

S. Question Strongly Disagree Neutral Agree Strongly

No Disagre agree
e
1 Appointing more judges can help in reducing
delay in pending cases.
2 Transfer of judges, prior the disposal of pending
cases, from one station to another station results
in delay justice to the litigants.

3 A new law with the prescribed limitations for the

disposal of criminal cases is the need of hour to
eradicate delay in disposal of criminal justice.

4 Establishment of more courts in every district of

Balochistan with appointment of judges’ decrease
the amounts of delay in pending criminal cases
and will ensure timely justice.
5 Legal community is responsible for the
unnecessary delay in disposal of justice as it calls
55
for numerous strikes occasionally which prevent
the pendency of the cases.

Administration of justice is provided by the implementation of appropriate laws on time

56
 REFERENCES

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protection-programs/
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59
 ANNEXURE

ANNEXURE: 1 INTERVIEW GUIDE

Topic: The delay justice system in criminal cases and its effects on litigants:

a case study of District Kech

INTERVIEW QUESTIONS

1. In your opinion what are the causes of the unnecessary delays in disposal of criminal

cases in the courts of District Kech? And what effects these unnecessary delays put

on the litigants?

2. Who are responsible for unnecessary delays in criminal justice system and why?

3. What are the roles of the prosecution department and police department in the

delays in criminal justice system? Are they responsible for these unnecessary delays?

4. What measures are being taken to reduce unnecessary delays in criminal cases in

District Kech?

5. What actions has Kech Bar Association taken against the unnecessary delays in

criminal justice system?

6. Are the lawyers responsible for delays in criminal justice system?

7. Lawyers use various tactics to delay the cases deliberately, what is your opinion

about the quoted statement?

8. What do you think, are litigants getting timely justice which is prescribed by

constitution of Pakistan 1973, if yes how, if no why?

60
9. The International Convention on Civil and Political Rights of 1966 states that every

individual shall be entitled to be tried without undue delay. And anyone arrested or

detained on a criminal charge shall be entitled to trial within a reasonable time or

release. Are the criminal courts of District Kech coming up with the direction of the

international charter?

10. What are your recommendations for reducing unnecessary delays in criminal

justice system?

ANNEXURE: 2

Respondent’s Profile Summary

Respondent’s Codes Respondent’s Profile Summary

The respondent one, abbreviated as R1, resides in

Turbat city. He is a well-known lawyer in the city
Respondent and his specialization is in criminal field. The
R1 respondent is a practicing lawyer in High court
with a remarkable experience in field. The
respondent requested foe concealment of his
identification therefore no further information is
highlighted regarding his profile.

61
 The respondent two, referred as R2, is a famous
prosecutor who holds the post of ADPP
Respondent
(Additional District Public Prosecutor) B-17 at
R2 District Kech. He is a well-acquainted public
lawyer with cooperating nature.

The respondent three, denoted as R3, is a Judicial

Respondent Magistrate (JM) at courts of District Kech. He is
an experienced as honest judicial officer currently
R3
offering his services in Turbat.

62