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Analytical Framework for Judicial Data Collection in Pakistan
Abstract
The judicial statistics, as collected and represented in annual reports by the Law and Justice Commission of Pakistan (LJCP), require presentation in a more analytical form. The current focus on raw numerical figures merely leads to repetition of an exercise on an annual basis that does not effectively contribute in policymaking for improvement of the legal and judicial system of Pakistan. Analyzing that the court structure in the country is divided into different tiers, a rudimentary framework for presentation of judicial data is proposed for further periodical reporting of judicial statistics. The paper looks at the judicial data and statistics in Pakistan, with a view to reform and improve it. Using qualitative method, various academic reports and papers from different jurisdictions have been consulted in order to suggest a basic framework for presentation of judicial data in Pakistan.
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Footnotes
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Ibid.
US Department of Education, GoUS, “Performance Management: Collecting and Using Data to Measure Progress, Improve Results.”
James P. Spillane, “Data in Practice: Conceptualizing the Data-Based Decision-Making Phenomena,” American Journal of Education 118, No. 2 (2012): 113-141, https://doi.org/10.1086/663283.
There are three tiers of court in Pakistan that include the Subordinate/District Courts, High Courts and the Supreme Court.
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Ibid.
European Court of Human Rights, CoE, “Understanding the Court's Statistics” (Strasbourg: Council of Europe, 2019), https://www.echr.coe.int/Documents/Stats_understanding_ENG.pdf.
Ibid.
Law and Justice Commission of Pakistan Ordinance of 1979, XIV, sec 6(2) (1979). Function of the Commission (2) The Commission shall take appropriate measures for-(a) developing and augmenting human resources for efficient court administration and case management;(b) co-ordination of judiciary and executive; and(c) preparing schemes for access to justice, legal aid and protection of human rights.
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Ibid.
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Court User Satisfaction, Access Fees, Case Clearance Rate, On-Time Case Processing, Pre-Trial Custody, Court File Integrity, Case Backlog, Trial Date Certainty, Employee Engagement, Compliance with Court Orders and Cost Per Case.
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Coumarelos, Wei and Zhou, Justice Made to Measure: NSW Legal Needs Survey in Disadvantaged Areas.
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Ibid.
Ibid.
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Ibid.
Ibid.
Union Budget, GoI, “Ending Matsyanyaya: How to Ramp up Capacity in the Lower Judiciary.”
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See for example, Georgina Sturge, “Court Statistics for England and Wales” (paper, House of Commons Library, London, 2019), https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8372.
There are three tiers of court in Pakistan, that include subordinate/District Courts, High Courts and the Supreme Court.
LJCP, Judicial Statistics of Pakistan.
Ibid.
The civil judicial system includes family and other special issues that are broadly categorized as part of the civil judicial system in Pakistan. Though, some of these special issues are dealt by separate courts and have separate fixed time limits, for the purpose of this paper all these will be part of the civil judicial system as the paper is structured around the statistical data collected by the Law and Justice Commission of Pakistan and we are following their division. However, a separate study on the special courts and different timeline is important and merits a separate study.
Laurean Mutahunwa Tibasana, “Effective Administration of the Police and Prosecution in Criminal Justice: The Practice and Experience of the United Republic of Tanzania,” Annual Report for 2001 and Resource Material, Series 60 (Tokyo: United Nations Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders, 2003), https://www.unafei.or.jp/publications/pdf/RS_No60/No60_00All.pdf.
Ibid.
Constitution of Islamic Republic of Pakistan of 1973, Art. 37 (D) (1973).
Chamaine Enerva, Mariko Ivkov, Sahar Haroon, Zartasha Khan, Paula Milino, Aarish U. Khan, Mohsin Ali Turk, Babur Ghani, Saba Imran, Sana Taha and Muhammad Jafer, Addressing Overcrowding in Prisons by Reducing Pre-Conviction Detention in Pakistan, report (Islamabad: National Counter Terrorism Agency, 2018), http://codepak.org/wp-content/uploads/2018/05/Addressing-overcrowding-in-prisons-by-reducing-pre-conviction-detention-in-Pakistan.pdf.
Tibasana, “Effective Administration of the Police and Prosecution in Criminal Justice: The Practice and Experience of the United Republic of Tanzania.”
For example, Code of Civil Procedure of 1908, Act V, Sec. 32, 58, 63 (1908).
Maria Dakolias, “Court Performance around the World: A Comparative Perspective,” 89.
Ibid.
Ibid.
Ibid.
Anthony Grant, “What is Data Analysis and Why is it Important,” MUO, December 17, 2018, https://www.makeuseof.com/tag/what-is-data-analysis/.
Ibid.
“Data Analysis” (DeKalb: Faculty Development and Instructional Design Center Northern Illinois University, n.d.), accessed December 10, 2019, https://ori.hhs.gov/education/products/n_illinois_u/datamanagement/datopic.html.