• It is not a question of whether there is an e-court in Pakistan but whether Pakistan is willing to step outside the box of conventional judiciary and replicate the successes in countries achieving great success through e-courts

By Daniyal Khan

In this era of technology, every aspect of our life is influenced by technology in one way or another, even the judiciary system is not spared. The e-courts have been installed and working smoothly in global and regional countries. The introduction of the e-courts in Pakistan had been heralded with dreams of modernization coupled with efficiency and transparency. But is this vision possible, or a dream too far away for a country in its battle with structural adversities? Pakistan has slowly started to create a system of e-courts. Pakistan took its first steps in embracing technology within its courts, from digitizing records to holding virtual hearings, during the COVID-19 pandemic. Moreover, the Supreme Court and High Courts in Pakistan have also made some strides but lower courts still follow traditional practices. The question remains the same: Can they add up to a significant transformation?

Barriers to Progress: Why the E-Courts Face a Bumpy Road in Pakistan

The traditional methods of justice delivery have been in practice in Pakistan and it has created a lot of backlogs of cases in higher and lower judiciaries. Though the idea of digital justice in Pakistan is appealing for the masses, the execution path is riddled with various obstacles.

Outdated Infrastructure

Many courts in Pakistan, especially in rural areas of different provinces, lack technological infrastructure. These areas even do not have the basic access to computers and internet connection.

Access Denied

Since a large part of Pakistan’s population does not have access to technological means, the move to e-courts might isolate these same people who require justice desperately. This may also exacerbate the gap between people who require justice and people who get justice.

Resistance from Within

The idea of e-courts may also face backlash and resistance within the institution of judiciary itself. Judges and lawyers, used to doing things the old way, aren’t exactly rushing to change, extending the period of bring digital reforms in the judiciary.

Privacy Concerns

In a state like Pakistan, there are also privacy concerns of entire judicial process if involves digitization. Data breaches, hacking, and unauthorized access are rife, putting the safety of sensitive legal information in question.

Unlocking the Benefits of E-Courts

Despite various external and internal challenges to bring automation in judiciary of Pakistan, e-courts could build a pathway toward a more hopeful and brighter future for Pakistan’s judiciary.

Swift Justice

Automated processes and digital case management can greatly cut back on the time of delays and the infamous backlog of pending cases in higher and lower courts of Pakistan. Moreover, it can also help to decrease the justice gap.

Access Anytime, Anywhere

The e-courts can be availed anytime depending on the severity of the cases. Moreover, online case management can enhance access — especially for people in remote areas of different provinces — saving judges and lawyers time and money.

No More Lost Files

There is no chance of manipulation or tampering with the information, thus generating trust in the system, through digitized records and online tracking systems. Moreover, it will also help to develop a system of transparency by digitalizing the entire judicial process.

Sustainable and Affordable

The e-courts are sustainable and affordable for the poor people of Pakistan depending on its availability. Moreover, electronic files minimize the occurrence of physical files and, as a result, help in cutting down operating expenses and also protect the environment.

Learning from the Best: Global Success Stories in E-Courts

Various systems of e-court have been installed and working in India, Singapore, and Estonia. Few countries have embraced the digital innovation, from India’s e-Courts project to Singapore’s AI-powered case management tools to Estonia’s fully digitized legal system. The examples of these countries illustrate that technology in judicial system can bring about a more efficient judiciary. Pakistan has a lot to learn from these success stories and adapt their strategies to tackle its judicial challenges.

Dream to Reality: Bridging the Gap in Pakistan’s E-Courts

For Pakistan to realize the dream of an e-courts, a focused and collaborative approach is essential. Pakistan can learn from the countries mentioned above who have successfully installed the systems of e-courts. Pakistan needs to take certain steps to ensure the smooth functioning of e-courts in its judicial system.

Building the Digital Backbone

Technology infrastructure investments are imperative for e-courts. There is also a need for technology; courts in Pakistan should have updated tools, where there is no interruption in internet connectivity or irregular power supply.

Empowering the Law Community

The people involved in judicial system needs to embrace new technology to make e-courts a success story. Judges, lawyers, and court officials need to undergo thorough training in order to embrace digital tools and processes.

Making Justice Inclusive

Public awareness campaigns for a system of e-courts and digital literacy programs revolving around digital judicial system must also be an integral part of implementing e-court systems. It will help to ensure that the benefits of these systems are not limited to the tech-savvy elite.

Strengthening Cybersecurity

To avoid cyberattacks and data breaches, proper and robust cybersecurity protection is critical. I will also help to address privacy concerns ensuring judicial data protection and preserving public trust in system of digital justice.

Legal Reforms for a Digital Era

Pakistan inherited its majority of the laws from its colonial masters which are outdated and not aligned with the modern technological advancements. It also needs to update its laws to enable virtual hearings, electronic evidence, and online dispute resolution so it has the legal infrastructure to support the system of e-courts.

 Conclusion

To sum up the entire argument in a nutshell, it is pertinent to mention that the vision of a system of e-courts in Pakistan is more than a technological upgrade—it’s a transformation of how justice is delivered. While this is a difficult step, it’s worth the effort. If Pakistan makes the right investments, policies, and commitments, this distant dream can become a reality, leading the way to a speedy, transparent, and accessible judicial system. It is not a question of whether there is an e-court in Pakistan but whether Pakistan is willing to step outside the box of conventional judiciary and replicate the successes in countries achieving great success through e-courts.

Read: E-Court System: A Dire Need

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The author is a law student at Tando Allahyar Law College with keen interest in analyzing today’s legal issues. He aims to provide thoughtful insights into the principles and challenges shaping the modern legal landscape. 

Read: The 26th Amendment: Is Pakistan’s Judiciary under Siege?

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