A CRITICAL EVALUATION OF FAIR TRIAL GUARANTEES IN PAKISTAN’S CRIMINAL JUSTICE SYSTEM

Abstract

Fair trials protect freedom in democratic countries by ensuring no one is harmed unjustly through basic limitations of power. The Pakistani government establishes fair trial rights through legal documents but practical enforcement proves different from standard requirements. This research examines how well Pakistan upholds fair trial standards domestically and internationally especially regarding access to lawyers, independent judges, the right to remain innocent until proven guilty and timely justice. It studies Pakistani fair trial standards using a doctrinal approach supported by Supreme Court judgments, human rights organizations reports, and key constitutional provisions. The study considers Pakistan's legal requirements as valid but tests how well these rules are put into practice across all courts including terrorism and military tribunals. The study reveals that continuous delay, weak prosecutors, police abuse and political interference make it difficult for individuals to get fair trial rights. International human rights standards detailed in ICCPR surpass what Pakistan achieves in its justice system. Research recommends firms that strengthen justice institutions through better legal assistance programs and new justice system training while removing parallel legal systems. The paper shows that justice systems must implement promised constitutional rights to restore public faith in criminal justice processes.

Keywords: Fair trial, Pakistan, criminal justice, legal aid, judicial independence, ICCPR, due process, anti-terrorism courts.