Role of Technology in Modernizing Judicial System

Asghar Ali Mayo

Dated: 09/10/2017
Table of Contents
Introduction ............................................................................................................................................ 3
Scope of the Study .................................................................................................................................. 4
Statement of Problem............................................................................................................................. 4
Impetus for Judicial Reforms .................................................................................................................. 4
ICT Intervention in legal domain ............................................................................................................. 6
The Case Flow Management System ...................................................................................................... 6
Automated Document Assembly ............................................................................................................ 7
Relentless Connectivity among Stakeholders ......................................................................................... 7
Electronic Legal Market for Consumers .................................................................................................. 8
Embedded Legal Knowledge in Court System ........................................................................................ 8
Artificial Intelligence Based Problem Solving.......................................................................................... 9
ICT Solution adopted by Punjab Judiciary ............................................................................................... 9
Corresponding Reforms of Judicial System........................................................................................... 11
Issues and Challenges ........................................................................................................................... 12
Conclusion ............................................................................................................................................. 12
Recommendations: ............................................................................................................................... 12
Bibliography .......................................................................................................................................... 14

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 Role of Technology in Modernizing Judicial System

Introduction
The judiciary is sine qua non for impartial administration of justice and no civilized
society can be conceived in the absence of effective, independent and impartial system for
administration of justice. Famous American Chief Justice, John Marshal observed that the
judicial system comes home in its effects to every man’s fireside; it passes on his life, liberty,
property and everything.1 History bears testimony to the fact that societies sans efficient and
effective judicial systems had never been permitted to pollute this planet for very long: either
they had to reform themselves paying heavy costs in blood and pain or were wiped off the face
of this earth. The modern and efficient system of justice is prerequisite to preserve peace,
prosperity, security and solidarity of a society.2 An accessible and efficient justice system is
also essential for sustained economic growth.3 Right of Access to Justice is deemed as
fundamental Right of all human beings and duly recognized by Article 10 of the Universal
Declaration of Human Rights4 and Article 14 of the United Nations Convention on Civil and
Political Rights.5 Accordingly, the aspirations of our founding father for social justice and to
establish independent judiciary are reflected in the constitution of 1973 through the Objectives
Resolution. Article 4, 9, 10-A 14, 25, 175,175-A and 179 advance the objective of establishing
an independent and impartial administration of justice in Pakistan.6 Aricle 37(d) further
envisions inexpensive and expeditious justice. Recently, Article 10-A has been incorporated in
the constitution to guarantee fair trial and due process to all. However, despite having an
elaborated constitutional backing, political aspirations and public necessity, modernization of
judiciary has remained a serious challenge for expeditious and inexpensive delivery of justice.
Unfortunately, judicial system in Pakistan is grappling with huge backlog of cases. Up to

1
Carl N. Edwards, Responsibilities and Dispensations: Behavior, Science, and American Justice (Dover: Four
Oaks Pub., 2001) 27
2
Ramday, Khalil ur Rehman. Chief Justice of Pakistan v. President of Pakistan., PLD 2010 SC 120
3
Justice and Rule of Law, World Bank Report (2015)
http://www.worldbank.org/en/topic/governance/brief/justice-rights-and-public-safety accessed October 3, 2017
4
UN General Assembly, "Universal Declaration of Human Rights," 217 (III) A (Paris, 1948),
http://www.un.org/en/universal-declaration-human-rights/ (accessed October 3, 2017)
5
UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United
Nations, Treaty Series, vol. 999, p. 171, available at: http://www.refworld.org/docid/3ae6b3aa0.html [accessed 3
October 2017]
6
Ramday, Khalil ur Rehman . Chief Justice of Pakistan v. President of Pakistan. PLD 2010 SC 120-121

Page 3 of 14
January 2017, there were more than 1.9 million cases pending in the Supreme Court, Federal
Shariah Court, High Courts and the districts courts in Pakistan. The cases linger on for years
and years and, in some cases, even for generations. Therefore, the present state of
administration of justice in Pakistan necessitates that modern technological options be explored
for transparent, speedy, satisfactory and less expensive justice. The most significant role in
modernization of judiciary can be played by information and communication technology (ICT).
Disruptive innovations of information and communication technology have potential to make
judicial system of Pakistan more efficient, transparent, and impartial.

Scope of the Study

The scope of this paper is limited to discuss the role of information and communication
technology in modernizing judicial system of Pakistan. It will also provide an overview of ICT
based solutions which are being adopted by judiciary in Punjab.

Statement of Problem

Judicial System of Pakistan is grappling with a huge backlog of cases due to slow court
processes and inefficient case management system. Information and Communication
Technology based solutions can enable our judicial system to deliver justice in more efficient
manner.

Reasons for Judicial Reforms

Pakistan has inherited a common law adversarial system of courts wherein opposing
parties argue their side of the case through counsels and sitting judicial officers determine the
issues of cases on the basis of relevant laws and rules. Legal framework of civil and criminal
justice system provides adequate safeguard against injustice in the form of appeals, revisions
and reviews which are deemed as the continuation of trial. With the passage of time, average
number of cases per judge has increased due to high rate of litigation. Processes of judicial
system have become cumbersome and ineffective which result into delay and backlog of cases.
Probably, therefore, 98.2 per cent of respondents in a survey opined that the poor and lower
classes do not have access to justice in the formal justice system. 7 In the same survey, 42.8pc
felt that women and 25.2pc that landless peasants and agricultural labourers similarly lack
access. Public experience with courts is not as satisfactory as it should be. On the Rule of Law

7
Naveed Ahmad Shinwari, “Understanding the informal justice system: Opportunities and possibilities for
legal pluralism in Pakistan,”, accessed October 3, 2017, http://www.camp.org.pk/wp-
content/uploads/2016/03/UnderstandingtheInformalJusticeSystem.pdf.

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Index, The World Justice Project Report, 2016, has ranked Pakistan’s criminal justice system
as being at 81 out of 113 countries, above Bangladesh (97) but below India (71). In the civil
justice system, the same report ranked Pakistan even worse (106/113), below Bangladesh
(103), Sri Lanka (96) and India (93).8 On 11th September 2017, Chief Justice of Pakistan while
speaking at the occasion of new judicial year admitted that judiciary is still beset by problems
of a backlog and delays. He said, “Our every combined effort is to strive ever harder to provide
a better service. To this end many of you will already have noted that my brother judges have
mostly forsaken the bulk of their vacation time to deal with cases and workload. Despite this,
there has been a continuous rise in the backlog of cases in the Supreme Court”

In this regard, Dr Osama Siddque, Henry J. Steiner Visiting Professor in Human

Rights at Harvard Law School, presented a report to Lahore High Court on the basis of research
conducted in three districts of Punjab i.e. Multan, Bahawalpur and Muzaffargarh. The study
identify that the court processes are slow and no time periods are fixed between different events
of case. The most of the criminal and civil cases that constitute the sample of cases consumed
more time for disposal than any currently applicable overarching timeline benchmarks
provided by the existing Caseflow Management system. The broad benchmarks used for this
analysis were six (6) months for all civil cases and six (6) months or one (1) year for all criminal
cases in the subordinate courts (based on the quantum of punishment involved), as provided by
the National Judicial Policy 2009 . The study also suggested that unnecessary adjournments
are allowed by the courts and delay in cases is norm for the courts and lawyers.9 Resultantly,
the judiciary in Pakistan is plagued with huge backlog of cases.

According to Statistics released by Law and Justice Commission, around 1.9 million
cases were pending with different courts in Pakistan upto 31st January 2017. The number of
pending cases adds pressure on the system. Resultantly, the case management system become
susceptible to delays, abuse and adjournments. Justice delayed tantamount to justice denied on
technical grounds. It is therefore, delay, case pendency and caseload reduction have received
particular attention by the Pakistani judicial leadership, especially over the past decade and a
half. Various initiatives have been undertaken in this regard and some headway made.
However, they remain perennial challenges, as evidenced by various past and recent scholarly

8
Muhammad Ali Neokokara, “Acess to Justice and Legal Aid,” Dawn, 16 December 2016. Also accessed
World Justice Project Report (2016) https://worldjusticeproject.org/sites/default/files/documents/RoLI_Final-
Digital_0.pdf
9
Dr. Osama Siddique, Caseflow Management in Courts in Punjab; Report and Recommendations to the Lahore
High Court for improving Caseflow Management and Case Disposals (2016)

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reports, third-party assessments and public perception surveys. It points to the continuing need
for meaningful large-scale structural and institutional reforms, modernisation of laws and
processes, and fresh approaches to improve administration of Justice.10

Besides, lack of access to court proceedings, relevant record, relevant laws, and
certainty of course of actions are also serious issues for litigants in Pakistani. To access these
facilities, poor litigants are at the mercy of clerical staff and at time have to bribe for access to
these fundamental items. In an overburdened court, fixation of next hearing is also prone to be
abused at the advantage and disadvantage of one party. Professional lawyers have to have
paraphernalia of clerks (Munshi) to vigilantly pursue their briefs and still briefs of same lawyer
are fixed in different courts at same time which result into adjournment of other cases.

ICT Intervention in legal domain

In many countries, ICT applications are used and playing very important role in legal
profession and transforming the way of conducting of legal business.11 The automation of legal
processes has prompted lawyers, other legal professionals to become proficient at an ever-
increasing array of word processing, spreadsheet, telecommunications, database, presentation
and legal research software. Law technology has impacted every aspect of the legal field, from
law firm and corporate practice to courtroom operation and document management.12
Information and communication technology has been adopted in United States, Australia,
Singapore, Mexico, Nigeria and many other countries to improve the judicial system. With the
help of ICT based applications, judicial system can be effectively managed as per given judicial
policy.

The Case Flow Management System

The most influential technique is the case flow management system. The case flow
management system is a software system for the set-up, performance and monitoring of a
defined sequence of tasks, arranged as a workflow. It has significantly enhanced human

10
Dr. Osama Siddique, Caseflow Management in Courts in Punjab (2016) Report and Recommendations to the
Lahore High Court for improving Caseflow Management and Case Disposals
eu-a2j.com/media/files/publications/LHC-Caseflow-Management-Report.pdf accessed on 3rd October 2017
11
Rachel Buchanan, The Role of Technology in the future of legal profession,
https://www.law.ox.ac.uk/research-and-subject-groups/research-collection-law-and-
technology/blog/2017/02/role-technology https://www.law.ox.ac.uk/research-and-subject-groups/research-
collection-law-and-technology/blog/2017/02/role-technology Accessed 13 September 2017
12
Sally Kane, Legal Technology and the Modern Law Firm, https://www.thebalance.com/technology-and-the-
law-2164328 accessed 13 September 2017.

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capacity to analyse and manipulate data in useful manner and to produce meaningful reports
for decision making. Digital case flow programmes could track events and cases with a view
to availing information to the decision makers in a timely manner. ICT is able to do so in
considerably much less time than if the same were done manually. Equipped with this
information, it is possible for the decision maker to take appropriate action, to move a case
forward, or to assign it, list it for trial or take whatever action is appropriate. One is able to
follow both the large picture in terms of the aggregate of cases and the small picture, in terms
of a single case.

Automated Document Assembly

After the advent of the typewriter, the judge often wrote decisions in long hand, and the
typists would then type the same out in typescript. However, the computer enabled the judge
to type out the decision directly on the computer. In this way, judicial officers wrote a decision
much faster as compare to typewriter era. The ability to manipulate different documents
through copy, cut and or paste, or working from templates, or using micros, was also improved.
Now another revolution in the form of automated document assembly is unleashing which will
enable judges to make decisions in more intelligent ways.13

Automated Document Assembly is defined as the design of systems and workflows that
assist in the creation of electronic documents. These include logic-based systems that use
segments of pre-existing text and data to assemble a new document14. Since a lot of
documentation is involved in legal domain both for judges and lawyers, therefore, this facility
on the one hand will enable lawyers to produce error free legal documents within minimum
time and on the other hand will enable judges to produce quality judgements. Moreover, this
system is capable of digitizing hard copies of document and allow them to be further
manipulated.

Relentless Connectivity among Stakeholders

ICT also provides tools to relentless connectivity among stakeholders. In traditional
judicial systems, a lot of time is wasted on “Summons” and “Notices” which now can be

13
J.E. Owoeye, Information Communication Techonology (ICT) Use as a Predictor of Lawyers’ Productivity ,
Library Philosophy and Practice, 2011
14
Barron K. Henley, Esq. “It's Time For A Change - Superior Methods for Drafting Complex Legal
Documents.” https://www.mnbar.org/docs/default-source/practicelaw-public/time-for-a-change---better-
drafting-methods.pdf?sfvrsn=0 accessed 13 September 2017

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replaced with auto generated and interactive email and video conferences. The distance is no
more a cause for delay

Electronic Legal Market for Consumers

The legal market has been spared from some of the general business realities applicable
to almost all other industries. Law has been something of a protected industry, with lawyers in
a unique position as the only legitimate provider with access to legal knowledge and tools with
no real competition – a “black box” exempt from normal rules of business, such as
predictability in cost and time, budget restraints and value for money. After selection, the
relationship with the client was controlled by the law firm, which decided almost entirely by
itself how the service was to be delivered, billing it by the hour and dictating cost, pricing,
staffing and strategic direction, with no need to innovate or provide cost-efficient legal services.
But now, ICT has put strong drivers in the legal market. One such driver is the regulatory
changes in UK, with the Legal Services Act allowing different types of lawyer and non-lawyer
to form businesses together, thereby facilitating the development of Alternative Business
Structures, with external investments, in legal service providers. These regulatory changes have
opened up the legal market for a new kind of competition from new entrants with disruptive
business models. Unlike conventional law firms, these new providers tend to have a greater
focus on rethinking legal services. Law firms also face a new kind of competition from Legal
Process Outsourcing providers (LPOs), where legal work is exported to an outside law firm or
legal support services company, often in low-wage markets overseas but also to new providers
within the same country or to new brands established by the law firm itself.15

Embedded Legal Knowledge in Court System

By this technology, it would be possible to file complaints and plaints online in the
judicial system and system will automatically detect monetary and territorial jurisdiction. Even
it will proved facility to litigant to know probability of success by predicting the outcome of
the case.16

15
Helena Hallgarn and Ann Björk, “Future Of Legal Services And The Development Of Legal Knowledge
Management: Legal Information Institute,” Cornell Law School, USA
https://blog.law.cornell.edu/voxpop/2013/08/30/future-of-legal-services-and-the-development-of-legal-
knowledge-management/comment-page-1/. accessed October 3, 2017.
16
Martínez, Agustí Cerrillo, E-Justice: Using Information Communication Technologies in the Court System
Open University of Catalonia, Spain. 2002

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Artificial Intelligence Based Problem Solving
A machine readable code would simplify the analysis of legal code, allowing the rapid
construction and analysis of databases, without the need for advanced text processing
techniques. A machine executable format would allow the specifics of a case to be input, and
would return the decision based on the case. Machine readable legal code is already quite
common. METAlex, an XML-based standard proposed and developed by the Leibniz Center
for Law of the University of Amsterdam, is used by the governments of both the United
Kingdom and the Netherlands to encode their laws. In the United States, an executive order
issued by President Barack Obama in the May 2013 mandated that all public government
documentation be released in a machine readable format by default, although no specific format
was mentioned.17

ICT Solution adopted by Punjab Judiciary

In view of backlog, delays, adjournments and inaccessibly of record, there was need
for intelligent docketing and Case flow management system in Punjab. In fact, the case flow
management practice includes setting the case disposition time standard, early court
intervention and continuous court control of case progress, use of differentiated case
management establishing meaningful pre-trial events and schedule, maximizing dispositions
before setting specific trial dates, monitoring case load information systems and effective post-
disposition. Successful case flow management requires that a court continually measure its
actual performance against the expectations reflected in its standards and goals, therefore, the
court should regularly measure times of disposition and the size and age of its pending case
load as well as determine whether it is disposing of as many case as are being filed, and assess
the rates at which trials and other court events are being continued and rescheduled. All the
stakeholders are of unanimous view that the main reason for delay in disposition of the cases
is indiscriminate adjournments and extension at all stages of the trial in both civil as well as
criminal courts. The close study of the diaries point out that the circumstances which lead to
adjournments includes the number of cases fixed for trial on a day are excessive therefore in
most of the cases the Judges freely grant adjournments. Further, sometimes the courts are

17
The White House. Office of the Press Secretary. Executive Order -- Making Open and Machine Readable the
New Default for Government Information, 09 May 2013.

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willing to proceed with the matters but the parties themselves seek adjournment, which can be
avoided if the members of the bar cooperate with the courts.18

So to speak, various projects have been taken to computerize the Lahore High Court
since 1996. In 1996 a web page for LHC was developed which provided limited information
about history, sitting and past judges. The responsibility to further upgrade ICT tools in Punjab
Judiciary were tasked to PITB in 2011. The budget allocated was PKR197.5 million. The first
step taken up by PITB was New IT Initiatives at Lahore High Court and District Courts. This
project was centred on equipping courts with essential IT equipment. It accomplished auto
assisting of cases, establishment of kiosks in courts to provide case information, capturing
legacy data in electronic format and a lot more.

The applications that were run on the computers were developed in-house by PITB.
These applications were Case Registration, Auto Marking, Case Hearing, Copies and Notices.
Previously cases were allocated to judges by the registrar’s prerogative or Chief Justice, which
allowed room for a human bias. To counter this, the Auto Marking app was developed in-
house. It followed an algorithm to automatically allocate judges to various cases. The Case
Hearing application was used to record the statistical details of the hearing.
Although these applications were integral to the efficiency and authenticity of the proceedings,
a report generated by BearingPoint under the Access to Justice Program proved that these
applications were not of enough excellence. Because the applications were in-house, they were
standalone and, hence, there was not a singular framework connecting them so there were a lot
of instances of data mismatch which compromised the authenticity. Resultantly, LHC
discontinued in-house development of applications and outsourced enterprise software through
PITB. Although enterprise software application is expensive, it is more streamlined, robust and
authentic. A Singaporean consulting firm, Hi-Soft was chosen to generate a report. Kek Wee,
a Hi-Soft consultant visited Punjab to study the system for a year and generate the analysis. He
first submitted the AS-IS analysis which described the technology being used by the Lahore
High Court in the status-quo. He then wrote the TO-BE analysis, which included all the issues
within the courts that could be solved by implementing new software and technology. The Case
Flow Management of LHC will include digitization of case proceedings, record management,
calendaring, hearings, dispositions, adjournment and more. The inclusion of information
technology in judicial systems will help accelerate the process. CFMS is currently undergoing

18
Zafar Ahmed Khan Sherwani, Case Flow Management System and Court Automation, the Supreme Court of
Pakistan, www.supremecourt.gov.pk/ijc/articles/20/1.pdf accessed October 3, 2017.

Page 10 of 14
some tests in LHC. In a press conference, the Chairman PITB has explained that the use of
information technology will help LHC to automate the operations of Punjab judiciary. He also
announced that an SMS service will be launched which will keep the litigants updated about
their cases. The ICT tools in the judicial system will make it more convenient for public to
access the justice system.19 The digitalization of files would add efficiency in the system which
was being partnered by the Punjab Police and NADRA by sharing data with the judiciary,
making it accessible in the court room. With the revamping of the Member Investigation Team
(MIT) office into the Directorate of District Judiciary, efficient complaint smartphone system
and performance evaluation would maintain the difference between public and personal
information. PITB had also developed a website of Lahore High Court that had got 27 million
hits so far.20

Parallel Reforms of Judicial System

The fair analysis of the situation make it clear that the above mentioned ICT
solutions are important and will have positive impact on the overall performance of judicial
system of Punjab, however, are not enough to enable judicial system to overcome its current
problems. Acceleration of court processes and curtailing of the delays are not enough. To
enhance the overall performance of judiciary and to make it able to meet the expectations of
people, certain other reforms beyond the scope of ICT are required to be made. It is important
to note that such reforms have already been suggested by different reports of Law & Justice
Commission of Pakistan but not implemented to date. Substantive issues concerning day-to-
day dispensation of justice, such as those concerning court facilities, buildings, number of the
judges, changes in process serving, production of witnesses, improvements in investigation and
prosecution of criminal cases, implementation of rules and codes to cut down on delay and
prolonged inaction and prison reforms have not been implemented despite their repeated
articulation in above refered reports of Law & Justice Commission of Pakistan.21 The total
number of judicial officers in District judiciary of Punjab is less than 2500 while total

19
Maheen Kanwal, “Case Flow Management System to go live in Lahore High Court soon,” TecJuice,
https://www.techjuice.pk/case-flow-management-system-to-go-live-in-lahore-high-court-soon/. accessed
October 3, 2017,
20
Syed Mansoor Ali Shah, Chief Justice LHC Punjab, Press release April 8, 2017
https://www.pitb.gov.pk/system/files/PITB%20LHC%20automation.pdf accessed October 3 2017
21
Iqbal, Javed, “The Role of the Judiciary as a Catalyst of Change”
http://www.supremecourt.gov.pk/ijc/Articles/9/1.pdf accessed 3 October 2017

Page 11 of 14
population of province is more than 110 million. Therefore, there is dire need of increasing of
number of judicial officers and the courts.

Issues and Challenges

1. To introduce these ICT backed tools and techniques, the procedural laws have not been
amended, otherwise operation of these applications will be restricted to the extent of
informal and internal use.
2. At transactional phase, it is likelihood that lawyers may resist the implementation of
Case Flow Management System because it will not allow unnecessary adjournments
and delays.
3. Since most of lawyers and judges are not IT literate, therefore, there will be hardship
for them to effectively use the system for maximum utility.
4. Since LHC Punjab is building its system and Sindh, Islamabad and Supreme Court have
built their own system on different specifications, therefore, connectivity and
integration of whole judicial would be difficult and expensive.
5. To run this system, new job will be required. Without trained IT experts and technical
people, even minor issues could halt the whole system
6. Traditional clerks and stenos will become redundant and will be required to be
readjusted and trained.
7. Data security and privacy will be serious challenges in view of cyber-attacks.
8. Provision of adequate resources is also a challenge to continue, maintain and upgrade
the system.

Conclusion
Information and Communication Technology based solutions can play
significant role in our judicial system to make it more efficient in delivery of justice. The case
flow management system will help Punjab Judiciary to manage judicial business and to reduce
backlog.

Recommendations

1. The Civil Procedure Code 1908, The Criminal Procedure Code 1898 and Evidence
Order 1984 may be amended to provide proper legal coverage to ICT solutions which
are currently being adopted by LHC. The envisaged electronic means of
communication may be accordingly incorporated in relevant procedures to avoid any
legal difficulty at subsequent stages.

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 2. The Punjab Bar Council and District bar Councils may be taken on board and their
recommendations may be incorporated and their reservations may be addressed at
initial stage to restore the confidence of all stakeholders in the new system. Since
lawyers play vital role in the administration of justice and, therefore, they may also be
sensitized regarding importance of this system. The new system cannot function at its
optimal level in absence of cooperation from Bars and lawyers.
3. Proper training sessions may be arranged for judges and lawyers to utilize the different
application of IT. Moreover, basic level knowledge of ICT may be made mandatory for
education of Law.
4. A committee at national level may be made to oversee and integrate all provincial level
courts with each other and national level System. There must be standardization while
developing IT systems in different courts. The Case Flow Management System at all
provinces must provide Dashboard at Supreme Court for supervision and appropriate
policy decisions.
5. Ministry of Finance may provide sufficient financial resources for creation of new posts
and to run and maintain the IT system at District and High Court Level.
6. Redundant posts of clerks/stenos and other personnel may be abolished or readjusted to
save the money. The employees who are IT literate may be readjusted against relevant
posts, however, after proper training.
7. Highest standards and code of ethics may be adopted to protect the safety and privacy
of the data base. Proper data warehouses be built and thick firewalls be installed.
8. The other reforms in judicial system may be completed. The number of the judges
may be increased. The reforms for improvements in investigation and prosecution of
criminal cases may be made. Implementation of rules and codes to cut down on delay
and prolonged inaction and prison reforms may be ensured.

Page 13 of 14
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