Who Delays Justice? A Qualitative Investigation of the Role of Key Actors in Prolonged Disposal of Heinous and Serious Cases in Punjab’s Justice System
Abstract
Based on a comprehensive qualitative analysis of interviews with judges, lawyers, investigation officers, and litigants, this study identifies the critical actor-based factors responsible for systemic delays in the disposal of serious and heinous criminal cases in Punjab, Pakistan. The research reveals that delays are not merely a product of institutional backlog but are actively perpetuated by the strategic behaviors of key courtroom participants interacting with a vulnerable legal framework. Five interconnected themes are established: first, accused persons engage in strategic delay tactics, deliberately exploiting procedural rights such as skipping bail, delaying cross-examination, and filing frivolous petitions to weaken the prosecution. Second, witness-related challenges, primarily stemming from economic hardship and witness intimidation in the absence of state protection, cripple testimony and case progression. Third, lawyer-related factors, including the frequent seeking of adjournments, economic overbooking of cases, and the influence of bar politics, prioritize personal gain over the expeditious disposal of justice. Fourth, judicial inefficiencies arise from judges' lack of legal command, overwhelming caseloads, frequent transfers, and a risk-averse culture born from professional insecurity. Finally, complainants are often dissuaded from pursuing cases due to threats, financial burdens, and cumbersome procedures. The convergence of these actor-driven dynamics transforms the criminal trial from a process of resolution into a protracted and often futile negotiation. The study concludes that achieving timely justice requires holistic reform addressing not only systemic weaknesses but also the incentivized behaviors of all actors within the criminal justice system.
Keywords: actor-based factors, strategic delay tactics, timely justice, criminal justice system, accused persons, witness intimidation.
