FAQ's
How does the court system in Pakistan work?
Pakistan has a multi-tiered structure with several different types of courts, each with its own jurisdiction and functions. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court (which deals with cases related to Sha ’ria law), and five High Courts, each representing different provinces. The High Court deals with both criminal and civil cases. The Supreme Court's decisions are binding on all lower courts in the country, meaning that judges in the lower courts must follow them in all future cases of a similar type. Therefore, its decisions are also considered final rulings.
What is the role of the Supreme Court of Pakistan?
The Supreme Court, as the highest legal power in the country, has several roles. They can take on original cases, settle disputes between the federal and state governments, it can rule on appeals against decisions by judges in lower courts, create binding precedents, advise the government on legal matters, interpret the Constitution, and ultimately protect the fundamental rights of the Pakistani people. As the court of last resort, it is ultimately the final arbiter of the law and the Constitution.
What is the International Court of Justice?
As one of the six parts to the United Nations, this is the only court in the world that adjudicates general disputes between nations and advises on international legal issues. It is not a ‘supreme court’ to which national courts can turn; instead, it can only hear a dispute when requested to do so by one or more of the 193 Member States.
The court can rule on 2 types of cases: ‘contentious cases’, which are legal disputes between States, and advisory cases’ where a State, specialized agencies, or other parts of the UN, have requested advice on a legal question.
This makes it an important contributor to global peace and security, by providing a way for countries to resolve issues without resorting to conflict.
What is the legal process for a criminal case?
The criminal process laid out in the Code of Criminal Procedure is split into 3 main stages. Firstly, after a First Information Report containing the details of the alleged crime and the accused is filed with the police, an investigation will begin. This will include collecting evidence, interviewing witnesses, and potentially arresting the accused. The suspect will then be given a charge sheet prepared by the police and listing all the accusations against them.
The trial stage of the legal process will then begin. The accused will be brought in front of a judge or magistrate and will be asked to enter a plea of guilty, not guilty or no contest. If they plead not guilty, a trial will take place in which the prosecution will put forward their case and evidence, followed by the defense. The judge or jury will then give their verdict, determining whether the accused is guilty or innocent.
The punishment stage is the last part of the legal process. If the accused has been found guilty of the offense, they will face their punishment handed down to them by the judge. This could range from a fine, an order to pay Deeyat to the victim or victim’s family, or imprisonment. The convicted person may then launch an appeal against either their conviction or sentence if they have substantial grounds to do so.
What rights do I have as a criminal defendant?
The accused enjoys several rights under Pakistani law, which are split into 4 categories. Women, children, and people of unsound minds enjoy extra protection under the law. Where A is written this refers to the Article of the Constitution and CPC refers to the Criminal Procedure Code.
Pre-trial rights:
Right to be protected against arbitrary or unlawful arrest, detention, and search. Fixed detention of the accused in a police station for 24 hours and up to 15 days on remand by a magistrate.. Protection against Ex-Post Facto law – this means that a person cannot be punished for an action or omission which was not punishable by law at the time when it was committed. Right to be informed immediately of the grounds of arrest. Right to restrain police from intrusion on his privacy.
During trial rights
Right to a fair trial by an independent judiciary in an open court (A.10(A)). Freedom from torture (A.14(2)). Protection against double jeopardy – cannot be tried twice for the same cause (A.13(a)). Right of the arrested person not to be subjected to unnecessary restraint (S 50 CPC). Right of access to justice and equality before the law (A 25.) Right to a lawyer of choice (A 22(1) Con, s 353 CPC). Right not to be a witness against himself (A. 13(b) Con) Right to get copies of the report, documents, and statements of witnesses on which the prosecution relies (s 265C). Right to insist that evidence be recorded in his presence except in some special circumstances (S 353 CPC). Right to be examined in the language Accused understands (s 364 CPC). Right to have due notice of the charges (S 364 CPC). Right to test the evidence by cross-examination (s 505 CPC). Right to have an opportunity to explain the circumstances appearing in evidence against the accused at trial (s 364 CPC). Right to be tried by an independent and impartial Judge (A 175 Con)
Post-trial rights
Right to bail (S 496 CPC). Right to appeal (A 185. Con, S 408 CPC). Right to get a copy of the judgment when sentenced to imprisonment (S 371 CPC)
How does the criminal court system work in Pakistan?
4 courts make up the criminal system in Pakistan. The magistrates’ courts are the lowest level and handle minor criminal offences such as petty theft, public disturbances and traffic offences. Session courts are one level above magistrates’ courts, and handle more serious cases such as robbery and kidnapping.
What are my basic consumer rights?
Right to safety (protection from unsafe or harmful products and services). Right to be informed (about ingredients, quality and potential risks). Right to choose (from a variety of products and services that meet their needs and preferences). Right to be heard (about their concerns and complaints and have them addressed fairly). Right to redress (seek remedies or compensation). Right to consumer education (about their rights and responsibilities). Right to a healthy environment (and to be protected from pollution caused by products or services).
What are the remedies available to consumers?
If a consumer has experienced a violation of any of these rights, they may file a complaint before the Consumer Court, having collected all the necessary documentation, and ideally having tried to resolve the issue with the supplier or service provider first.
The court may then decide on a number of redressals against the provider if they have found to violate their duty toward the consumer including warnings, fines, damages and injunctions.
What is the role of the Consumer Protection Authority?
The CPA’s primary functions are investigation and enforcement of complaints by consumers against sellers or service providers and consumer education about their rights. They provide a platform for consumers to file complaints and seek redress for the violations against them and also act as a mediator at times between the two parties to facilitate a resolution to a dispute.
It is the primary regulatory body responsible for protecting consumer rights. Its activities contribute to fair and competitive marketplace where consumers can make informed choices and have their rights upheld.
What are the basic labor rights for employees?
Right to fair wages and benefits (including minimum wage, overtime pay and provident fund, gratuity and paid leave)
Right to safe and healthy working conditions (including a hazard-free environment, protective equipment where necessary and emergency procedures in case of accidents)
Right to freedom from discrimination (including equal treatment regardless of race, gender, religion or any other protected characteristic)
Right to freedom from harassment (including access to a clear procedure for reporting harassment that is experienced)
Right to collective bargaining (including the right to join unions and negotiate with employers on wages, benefits and working conditions as part of these unions)
Right to rest and leave (including rest period during workdays and paid vacation and sick leave)
Right to privacy (including a protection of their personal data without consent)
What sort of remedies are available to employees?
Where an employee feels that their labor rights have been violated by their employer, they should follow their company’s HR and employment contract policies to find the procedure for making a complaint.
If this complaint is upheld, there are a number of possible types of compensation that may be available to them under their contract. These include back pay of unpaid wages or overtime pay, reinstatement for a previous position if someone was unfairly dismissed, compensatory or punitive damages, injunctions, reinstatement of benefits or promotion to a position that they were unfairly denied.