Success Of Model Courts

Chief Justice Asif Saeed Khan Khosa, in an award distribution ceremony of the Model Criminal Trial Courts (MCTC), said that the introduction of model courts in the justice system has restored public confidence in the judiciary. The CJP stated that before the establishment of model courts, the judiciary had been plagued by undue delays and red-tape, which were the cause of much public distrust and suffering. According to the CJP, model courts had done away with the long and weary processes associated with the judiciary and replaced them with speedy and inexpensive justice, and he credited judges for this, judges who had reinvented the weakening judicial system with no new resources and without any amendments in the law.

It must be said that model courts indeed have changed the face of the lower judiciary to a large extent. Backlog of cases was an enormous problem afflicting the judiciary. Due to endless delays, stalling tactics which included non-appearance of lawyers and witnesses, and shifting of judges, the lower judiciary had lost massive trust from the public. This was perhaps most severe in criminal cases, where suspects and convicts suffered in jail for lengthy trials and death row respectively, due to the slow processes of the court. This affliction of the judiciary had led to civilians not taking their cases to court and rely on sorting out their disputes or crimes amongst themselves.

Model courts have resolved this issue in criminal courts to a large degree.  The results have been clear- in only two and half months after their establishment, the 110 Model Criminal Trial Courts (MCTC) across the country had decided 5,647 murder and narcotics trial cases. According to the CJP, 12,584 murder and narcotics cases had been decided in about five months by 167 model courts. These are very successful rates and a great achievement. Justice Khosa may have served as CJP for only a year but his legacy of clearing the backlog of criminal cases is lasting.

However, while the success must be commended, it should also be kept in mind that model courts are a temporary solution to an institutional problem. While successful, model courts have proven to result in more convictions and less acquittals; by ensuring speedy conclusions, the likelihood of wrongful convictions increases. Thus, while we should appreciate initiatives to speed up justice, more legislative and institutional approaches towards solving the problems of the judiciary ought also be considered.

 

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