The civil and criminal justice system in Pakistan is confronted today with serious crises of abnormal delays. Delay in litigation of civil and criminal cases has become chronic and proverbial. The phenomenon is not restricted to Pakistan, it is rather historical and universal. It is inherent in every judicial system which meticulously guards against any injustice being done to an individual, in a civil dispute or criminal prosecution.
We have not been able to follow the objection which has nothing to do with repugnancy with the Holy Quran and the Sunnah. On the other hand if any witness is asked a leading question which is ambiguous, it becomes the duty of the Judge to direct the party to put a question which may be followed by the witness. The Court is also competent to disallow any question which is otherwise indecent.
The office of Muzakki should be re-introduced for keeping a record of the witnesses called before Court and to make local enquiries as to their character and reputation. This will enable judges to make proper appreciation of their evidence. The accused should be cross-examined as is the practice even in the United Kingdom.
Secretary Law, Justice and Human Rights, Islamabad vide his letter No. 1(46)/2004-D&L dated the 14th January 2005, made a reference to the Chief Justice of Pakistan forwarding therewith a Bill, namely, the Federal Court Bill 2004, seeking comments and suggestions thereon.