INNOVATIONS IN THE CRIMINAL JUSTICE SYSTEM IN PAKISTAN (FROM INNOVATIONS IN CRIMINAL JUSTICE IN ASIA AND THE PACIFIC, 1979, BY WILLIAM CLIFFORD AND S D GOKHALE SEE NCJ-60217)

• NCJ Number: 60220
• Author(s): H S D JAMY
• Date Published: 1979
• Length: 37 pages
• Corporate Author: Australian Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

PAKISTAN AIMS TO BRING ALL LAWS INTO CONFORMITY WITH THE TENETS OF ISLAM. REFORMS IN ALL AREAS OF LAW, MADE SINCE INDEPENDENCE IN 1947, ARE DESCRIBED, WITH EMPHASIS ON INTERNATIONAL ASPECTS OF CRIME.

Abstract

THIS HISTORICAL PERSPECTIVE OF THE PAKISTANI JUDICIAL SYSTEM SHOWS A LEGACY OF BRITISH RULE AND ISLAMIC JURISPRUDENCE. FOLLOWING INDEPENDENCE IN 1947 AND THE INFLUX OF MILLIONS OF MUSLIMS, THE GOVERNMENT AIMED TO CHANGE COURT PROCEDURES AND THE OPERATION OF CIVIL SERVICE, AND PARTICULARLY TO CONFORM THE LAW TO POPULAR ISLAMIC OPINION. SPECIAL MEASURES HAVE BEEN ADOPTED TO CONTROL CORRUPTION, INCLUDING SUCH UNORTHODOX MEASURES AS REMOVAL FROM OFFICE WITHOUT EXPLANATION. FOOD SMUGGLING AND BRIBERY TO OBTAIN FOOD HAVE RESULTED IN SUCH SPECIAL LAWS AS DETENTION OF KNOWN SMUGGLERS NEAR THE BORDERS AT HARVEST SEASON. BORDER CRIMES SUCH AS CATTLE LIFTING, ABDUCTING OF WOMEN, ILLEGAL ENTRY AND OTHER OFFENSES ALSO POSE SPECIAL PROBLEMS. PAKISTAN ENFORCES STRINGENT LAWS AGAINST OBSCENITY, SEXUAL OFFENSES AND IMMORAL FILMS. THERE IS LITTLE PROBLEM WITH DRUNKNNESS BECAUSE OF THE COUNTRY'S IDEOLOGY. OFFENSES AGAINST THE INTEGRITY OF THE STATE INCLUDE WAR, CONDEMNATION OF THE CREATION OF THE STATE, ASSAULTING THE PRESIDENT, OR CREATING HATRED OR DISAFFECTION TOWARD THE GOVERNMENT OF PAKISTAN OR COUNTRIES FRIENDLY WITH PAKISTAN. NEW PATTERNS OF CRIME INCLUDE AGITATION BY STUDENTS, LABOR, GOVERNMENT WORKERS AND POLITICAL WORKERS; POLITICAL CRIMES (SKYJACKING OR ASSASSINATION); ECONOMIC CRIMES (BLACK MARKETING, SMUGGLING AND TAX EVASION); AND NARCOTICS TRAFFIC. CHANGES IN SUBCULTURES AND IN THE ECONOMIC ORDER HAVE RESULTED IN INNOVATIONS IN FIGHTING CRIME, INCLUDING A FEDERAL SECURITY FORCE TO AUGMENT THE REGULAR POLICE IN TIMES OF AGITATIONS AND CIVIL DISTURBANCES. THE DRUG PROBLEM IS MAJOR FOR PAKISTAN, PARTICULARLY IN THE NORTHWEST FRONTIER PROVINCE TO WHICH DRUG LAWS HAVE NOT YET BEEN EXTENDED. A CHART COMPARING CRIME IN THE PAKISTANI PROVINCES AND FOOTNOTES COMPLETE THE ARTICLE. (RFC)