Zahid Karim
Undoubtedly, the judicial system of Pakistan is beset with formidable problems of diverse nature which have impeded the way of the country towards peace, progress and prosperity. It has been suffering from heavy backlog, rampant corruption, incompetent judicial and non-judicial staff, excessive favoritism and nepotism, insufficient use of technology and poor research culture. The judicial system of Pakistan is basically defective, thoroughly rotten and excessively divisive. The unsound judicial mechanism of Pakistan has not only tarnished the image of the nation across the world but also spread the stream of tyranny, unfairness and chaos.
It is evident from the fact that approximately 2.26 million cases are pending before the various courts of the country while Pakistan has been ranked at 130th out of 142nd countries as far as world judiciary is concerned. This alarming situation has caused the grave violation of fundamental rights and forfeited the constitutional virtues. Injustice, inequity and unfairness have become norm of the day. Historically, this colonial judicial system was put into practice to enslave and subjugate the masses and keep them distant from the corridors of power and governance.
Indeed, the advanced countries of the world like America, France, Germany and other have undertaken successful journey in every segment of the society due to sound mechanism of judiciary. They have left no stone unturned to provide cheap and accessible justice, fairness and equity to their subjects on their doorstep. Sadly, the judicial system of Pakistan is pathetic and deplorable. In this regard, there is dire need of legal and judicial reforms and to transform the justice system. The integration and incorporation of technology and AI can be proved as soothing and mitigating to all ills and evils.
The use of AI can be proved as panacea to all the problems of the judicial system of Pakistan. AI has capacity and capability to manage the case flows, legal documents and precedents efficiently. It can be potential to decide cases earlier and to identify relevant precedents. In fact, the variety of AI tools is beneficial for legal research. It provides insights into complex legal issues. In turn, the judges and lawyers become efficient and faster to prepare cases, draft memos and make prudent decisions.
Currently, the people of the remote areas of Pakistan have no access to legal information and service. However, AI is the only tool that can ameliorate access to legal information and services. The underserved and unprivileged communities and regions are faced with the issue of lack of legal professionals. They can be served with provision of Chatbots and virtual assistants. It provides basic legal information, knowledge and guidance to individuals who are unable to afford the legal counsel. Besides, poverty-ridden and downtrodden people of the society are unable to get cheap and timely justice. Contrarily, AI tools can reduce cost, save time, minimize errors and optimize the resource allocation.
Moreover, the AI can be beneficial for legal professionals, judges, lawyers, researchers, court staffs and students. It augments intellect, widens vision and produces a refined material for the law professionals. It helps them to find relevant precedents, make sound decisions and ensure consistency in rulings. As a result, the knowledge, skills, understanding and research capabilities of the professionals will be refined and enhanced.
Additionally, the Alternative Dispute Resolution legislative framework of Pakistan is faced with multiple challenges. It has been suffering from case backlog and non-availability of ADR oriented infrastructure and human resources. It is informal and traditional in nature. Interestingly, AI has capacity to improve the ADR methods like mediation, arbitration and mini-trials. It has ability to evaluate the nature of disputes and suggest fair settlements. Thus the burden on courts can be reduced in true sprits.
Sadly, the legal system of Pakistan is experiencing poor documentation management system. It is lacking track and tracing mechanism. The record rooms and branches of the court are based on manual methods for record-keeping. These are heavily burdened. There is no mechanism to preserve the documents and other evidences in times of natural calamities. Individuals are unable to easily access the required documents. Undeniably, steps have been taken towards digitalization but these are insufficient and insignificant. However, AI tools can result in better case prioritization, assigning cases to judges, scheduling hearings, managing court calendars and allocating resources. Thus, timely and effective justice delivery is ensured to all and sundry.
Furthermore, many people have lost faith and confidence in the judicial system of Pakistan because of unnecessary delays, widespread biases, poor performance and lack of transparency and accountability. Conversely, AI can track the progress of the cases and make court proceedings transparent. It helps to identify biases, analyze data objectively, monitor judicial performance, and ensure accountability. This is how public trust can be increased through AI.
AI can be vital to strengthen cyber security and data protection in the judicial system of Pakistan. It can protect sensitive judicial data from cyber attacks. It ensures secure storage and prevents unauthorized access. It can monitor suspicious activities and identify malware and vulnerabilities. It is crucial for safeguarding integrity of the legal proceedings. Thus, sensitive data is safeguarded in the event of cyber attacks.
The crux of the matter is that AI has potential to radically transform the legal system of Pakistan. It can improve efficiency, decision-making process, transparency, and access to justice. It is supportive to deliver timely justice, empowers the parties, and fosters a sense of belongingness. Indubitably, there are legal, ethical, and technical challenges in implementing the AI in judicial system of Pakistan. Immense care and seriousness is required while incorporating it. Indeed, legal decision-making and justice administration require the unique human qualities like empathy, ethical reasoning, motivation and public trust. However, AI cannot replace the human judges in foreseeable future but it can work as supportive tool in the judiciary for fair, accountable and trustworthy legal system.
Writer is LLM Scholar & Law Practitioner at High Court of Sindh, Karachi. He can be reached at [email protected]
