Ghost Justice

The link between the judges’ letter and vigilantism

These days Pakistan is showing itself as the hub of ghost justice, which refers to the concept of justice being carried out without transparency or accountability, often through secretive or informal means. It can involve extrajudicial actions or decisions made by powerful individuals or groups outside of official legal channels. In some contexts, Pakistan has faced criticisms regarding issues related to ghost justice, particularly concerning extrajudicial actions, lack of transparency in legal proceedings, and allegations of corruption within the justice system. These issues have raised concerns about the fairness and accountability of the legal system in Pakistan.

It’s essential to recognize that addressing issues related to ghost justice requires significant effort, including reforms within the legal system, strengthening institutions, ensuring accountability, and upholding the rule of law. While some challenges may exist, it’s not accurate to say that the government is entirely helpless. Governments can take proactive measures such as legislative reforms, enhancing law enforcement capabilities, promoting judicial independence, and fostering a culture of accountability to combat ghost justice and improve the overall legal system.

Ghost justice can distort the legal system by undermining principles of fairness, transparency, and accountability. When justice is administered through secretive or informal means, it can lead to arbitrary decisions, violations of human rights, and erosion of public trust in the legal system. Additionally, it can perpetuate corruption and abuse of power, ultimately weakening the rule of law. Since the first constitutional case of Pakistan, Moulvi Tameezuddin’s case, it was the then Chief Justice of Pakistan, Mr Justice Muhammad Munir, who managed to create the mountains of ghost justice in Pakistan which still continue to frustrate our judicial system.

Allegations of certain elements within the establishment protecting or tolerating practices akin to ghost justice have been made in Pakistan. However, it’s important to approach such claims with caution and recognize that addressing complex issues like this requires a comprehensive understanding of the political, social, and institutional dynamics at play. Efforts to combat ghost justice may face challenges, including resistance from vested interests or systemic issues within the establishment. Nevertheless, advocating for transparency, accountability, and the rule of law remains crucial in addressing such concerns.

Actually ghost justice undermines the foundations of real justice by bypassing legal procedures, eroding trust in the legal system, and perpetuating impunity. When individuals or groups take the law into their own hands through extrajudicial actions or secret decisions, it undermines the principles of fairness, accountability, and due process. This can lead to a breakdown of the rule of law, increased violence, and a lack of confidence in institutions meant to uphold justice. Therefore, combating ghost justice is essential for safeguarding the integrity and fairness of the judicial system.

The prevalence of ghost justice can contribute to societal instability, which in turn can exacerbate poverty. When people feel that the legal system is ineffective or unjust, they may resort to informal or vigilante methods to resolve disputes. This can lead to cycles of violence, disruption of economic activities, and a breakdown of social cohesion, all of which can push communities further into poverty. Addressing the root causes of ghost justice, such as inequality, lack of access to justice, and ineffective governance, is crucial for promoting both democracy and economic prosperity.

To ensure real justice prevails in society, governments should indeed take significant steps to address any shortcomings in the justice system and prevent vigilante or ghost justice. This could involve implementing reforms to make the legal system more accessible, transparent, and fair for all citizens. Additionally, efforts should be made to strengthen law enforcement, improve community policing, and promote trust between authorities and the public. Education and awareness campaigns can also help people understand the importance of relying on the legal system to address grievances rather than resorting to vigilante actions.

A civilized society relies on a fair and transparent justice system to uphold order and protect the rights of its citizens. Ghost justice, which operates outside of legal norms and often involves violence or coercion, is incompatible with the principles of civilization. It undermines the rule of law, promotes vigilantism, and perpetuates cycles of violence and injustice. Therefore, efforts to combat ghost justice and strengthen legal institutions are essential for building and maintaining a civilized society.

The challenge of combating ghost justice is indeed complex and multifaceted. It often arises from systemic issues such as corruption, lack of resources, and weaknesses in law enforcement and judicial systems. To address this, coordinated efforts are needed across various sectors, including law enforcement, prosecution, and the judiciary.

The police must be empowered with adequate resources, training, and support to investigate crimes effectively and ensure that perpetrators are brought to justice through legitimate legal channels. Prosecutors play a critical role in pursuing criminal cases and ensuring that evidence is properly presented in court. Courts, in turn, must be independent and impartial, capable of delivering fair and timely judgments.

Additionally, efforts to address the underlying factors driving ghost justice, such as social inequality, lack of access to justice, and community distrust in formal legal institutions, are essential. This may involve initiatives to increase legal awareness, improve community policing, and strengthen community engagement and trust-building measures.

Ultimately, a comprehensive approach involving preventive measures, capacity-building initiatives, and institutional reforms is necessary to address the challenges posed by ghost justice and uphold the rule of law in society.

To ensure real justice prevails in society, governments should indeed take significant steps to address any shortcomings in the justice system and prevent vigilante or ghost justice. This could involve implementing reforms to make the legal system more accessible, transparent, and fair for all citizens. Additionally, efforts should be made to strengthen law enforcement, improve community policing, and promote trust between authorities and the public. Education and awareness campaigns can also help people understand the importance of relying on the legal system to address grievances rather than resorting to vigilante actions.

Akhtar Aly Kureshy
Akhtar Aly Kureshy
The writer is an Advocate Supreme Court of Pakistan, Law Professor, member International Bar Association and former Assistant Attorney General for Pakistan.

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