Institutionalization of E-courts in Pakistan is crucial in 2025 to ensure speedy justice and transparency. This Research provides a complete framework on how Pakistan can adopt E-court System?
Abstract
In the era of technology where the world is trying to adopt and acquire technological advancements in their legal systems Pakistan also needs to adopt these technologies to ensure expeditious justice to people. As the traditional courts in Pakistan are facing backlog of cases, delays in the proceedings and other convenience issues, the best solution is the digital transformation of these courts.
Recent institutionalization of E-courts in certain countries has shown that E-courts can certainly reduce and curb these issues. As there is no legal framework available for the functioning of E-courts in Pakistan, this research explores legal framework for E-courts system working in different countries in order to fill the major research gap by providing a legal framework for functioning of E-courts that is aligned with the international best practices.
Keywords
E-courts, Lacuna, Legal framework, Institutionalization, Challenges, Credibility, Impact, Justice System.
Research Plan
The thesis consists of five chapters. The first chapter includes an introduction to research which gives a basic introduction to the topic. The second chapter addresses the first research question which includes a critical analysis of laws in Pakistan for e- courts system, the third chapter is addressing the second research question of subtantive, and procedural changes needed to establish and operate e-courts in Pakistan. The fourth chapter is addressing the last research question of the thesis impact of institutionalization of e-courts on existing judicial system of Pakistan. Lastly, the thesis ends with a comprehensive conclusion and providing recommendations and legal framework for the institutionalization of E-courts.
CHAPTER 1
Introduction To Research
1.1 Introduction
In this modern world where technology is all over the world no one can deny the existence of E-court. This research is focusing on comparative analysis of the existing E-courts systems around the world in particular those working in European Union and how those technologies can be aligned with the legal system of Pakistan.
In Pakistan there is no enactment and any module and policies that is providing operational backing for the working of E- courts. In this technology driven era the world is adopting modern technologies and mechanisms to provide efficient and productive systems in the judicial sphere. Online dispute resolution method can be used for the speedy dispensation of justice in Pakistan as Justice Delayed Is Justice Denied.
The Law and Justice Commission of Pakistan, in its Bi-Annual Report of Judicial Statistics for the period from July to December 2023, revealed that 82% of the pending cases (1.86 million) were at the district judiciary level and the remaining 18% (0.39 million cases) were at the upper tier, including the Supreme Court. In this time of modernization and technology new medium of online dispute resolutions are adopted across the world as it is, the need of the time.
Pakistan can adopt E-court system by inclusion of the concept of Access to Justice (24/7) through process of Electronic filing of initial complaints and documents (claims, petitions and etc.) through a dedicated platform without submitting hard copy, e-Payment of court fees; Parties including plaintiff, defendant, and victim’s compensation etc. e-Access to all related cases including case documents, hearings, judgments and etc. Completely electronic interaction between the judge and the party e-Communication between judge and party (electronic delivery of court notices and etc.), e-Document flow (submitting and getting documents), e-Tracking the status of the enforcement of judgments.
As for Transparency and efficiency of the e courts this will Speed-up the court proceedings and getting the court documents on time; Elimination of delays and fraud as well as Cost and time saving, No post and paper expenses, No need to visit court before or after hearings, No direct interaction with court staff and waiting for their response.
These concepts are not new to the world as through these approach of Access to Justice is statistically achieved by Europeans Countries and E-court model was implemented in Azerbaijan which delivered fruitful outcomes in light of time aspect the clearance rate has increased 104% as well as 2% disposal of pending cases and just 1% cases hearing postponed. As for the quality aspect of the E-court 65% Satisfaction of Court Users, 32% increase in the education of judges, cost of cases reduced by 60% it is more cost efficient and as for productivity the judges time per case reduced by 55%.
One of the major concerns is that no legislation is available in Pakistan through which E-courts can be established and function accordingly no framework is available, and this research is providing a model for legal fame work for the E-courts that can be applicable in Pakistan Judicial Framework as well as that will be in accordance with international standards.
The absence of a dedicated procedural framework for E-courts put light on the major disruption in the legal system of Pakistan which needs a redressal as soon as possible.
During a round table conference on ‘The Role of Mediation in Enhancing Access to Justice in Pakistan’, Mr. Kalanauri emphasized on the integration of E-courts in the justice system. The goal of efficient and fair civil justice is very important for legal systems everywhere around the world including Pakistan. Pakistan’s civil courts are often slow and are massively overloaded with cases. More than 1.8 million cases are pending according to the report of 2019, the most promising idea for solving this major problem is the introduction of E-courts in the current justice system of Pakistan.
Due to lower number of courts and the compulsory requirement of physical presence in the courts, the courts in Pakistan are very overcrowded and this is the issue which Pakistan’s judicial system is facing for many decades.
Electronic filing, digital case administration, and online hearings via video conferencing are the major features of the E-court system which can majorly help in streamlining the whole judicial process.
Alternative dispute resolution (ADR) is a method for solving disputes of people outside the court. Another concept similar to ADR which is stated as Online dispute resolution (ODR) has also been introduced which can also be used to resolve the disputes of people online and can greatly increase the access to justice.
1.2 Problem Statement
There are no E-courts functioning in Pakistan and no dedicated procedural framework is available for the working and functioning of E-courts system. E-courts can be adopted with full potential by mechanizing the whole legal process with technology from E-filing to Judgement as this concept is not new for the world.
The major issue that judicial system of Pakistan is facing today is the delay in the cases. In order to address this issue E-court system can greatly reduce the delay in the proceedings of the cases as it has proved to be very successful in many countries including European union, United states of America, Azerbaijan etc. Once this system is applied it will not only reduce the backlog of cases but will also speed up the process of cases and will also significantly reduce the cost of litigation.
This research is covering the aspect of delay in the justice system which can be reduced by institutionalization of technologies that is of international standards by making it aligned with the current legal framework and by proposing a new framework for the working of E-courts as there is no proper law available related to the functioning of E-courts. The research looks at the impact of technology on the productivity and accuracy of the judicial system.
Pakistan’s judicial system is facing significant delays in its justice system, and the absence of a proper legal framework for E-courts, is preventing the implementation of new technology that could modernize legal processes, reduce backlogs, and improve access to justice.
1.3 Research Questions
- Whether any laws are available in Pakistan which provides legal framework for E-courts system?
- What legislative and procedural changes are needed to establish and operationalization of E-courts in Pakistan according to international standards?
- What impact will be created by institutionalization of E-courts on the existing judicial system in Pakistan?
1.4 Research Objectives
- To analyze the current laws available in Pakistan for E-courts system if there are any.
- To propose a legal framework for establishing and operating E-courts system in Pakistan.
- To analyze the impact of institutionalization of E-courts on the existing judicial system in Pakistan.
1.5 Hypothesis
- The successful Introduction of E-courts in Pakistan would ensure quick disposal of legal process; make the judiciary more transparent, efficient and time saving by automating case scheduling & management which will help in reduction of litigation costs thus enhancing accessibility to justice.
- The successful implementation of legal framework for E-courts system in Pakistan will not reduce delays in the legal process and will not increase the efficiency of the judiciary.
1.6 Significance Of Research
This research is significant in developing regulations that governs E-courts system in Pakistan to ensure its accuracy and integrity. This research is helping to introduce a new legal framework that will be aligned with the current legal system of Pakistan to ensure the integrity of E-courts. Additionally, it should also create measures to prevent its misuse and to ensure that it shall remain a credible source of justice in Pakistan based on the mechanisms and technologies adopted internationally. Finally, it should supply adequate support to the judicial system of Pakistan so that they can effectively use E-courts which will play a pivotal role by providing speedy dispensation of Justice.
1.7 Important Terms And Definitions
Electronic Court
An electronic court, often known as an E-courts, is a place where legal disputes are decided in front of one or more qualified judges and equipped with a sophisticated technological system.
The legal framework of a country refers to the body of laws, rules, and regulations that govern that nation.
Any specific subject for which there is no existing legislation but a body of scholarly, judicial, or popular opinion feels that one ought to exist in order to address a certain situation is known as a lacuna. It is stated as a small cavity, pit, or discontinuity in an anatomical structure.
The judicial arm of government is made up of a network of law courts that administer justice.
In Pakistan according to Article164 of qanoon-e-shahadat order which states that digital evidence is admissible in Pakistan but in Pakistan no specific rules are defined which governs the process of recording of E-courts.
E-evidence includes all the information that has a probative value and that which is transmitted through electronic media. E-evidence is used throughout the world in civil as well as in criminal cases.
The importance of E-courts is increasing with time, the adoption of E-courts in the judicial system of Pakistan will have great benefits if that is adopted properly according to the international standards and within the proper legal framework. The entire process will be conducted electronically from the very first step of filing of the case to the announcement of the judgement.
1.8 Research Methodology
Seeing the problems this research requires to explore a new legal framework in Pakistan for institutionalizing E-court and will also compare it with existing models in different countries to analyze the impact of E-court on access to justice, efficiency, and cost. It will also assess the potential of E-court to improve judicial transparency and accountability.
This research will also explore the potential benefits of institutionalizing E-court in Pakistan, such as increased access to justice in remote areas, faster resolution of cases through digital processes, and enhanced transparency and accountability in the judicial system, so this study uses a qualitative approach method. According to John W Cresswell states that “a qualitative research approach is basically, a process of inquiry to understand social problems holistically which is formed by a series of words, describes the view of information in detail, and is arranged in a natural background”.
The data analysis used in this study is a case study data analysis that is descriptive analysis. Parsudi Suparlan in Farouk Muahammad and Djaali states that case studies must use anthropology, which requires researchers to live or be among the subjects they will study in sufficient time so that researchers can live connected or side by side with the object to be studied.
In obtaining data to support the preparation of this study, the following data were used:
Primary Legal Materials
Is a binding document and determined by the competent authority. In this study include:
- Constitution of Pakistan, 1973.
- Qanoon-e-shahadat Ordinance,1984.
- Civil Procedure Code, 1908.
- The Supreme Court Rules, 1980.
- The Rules of each High Court.
Secondary Legal Materials
That is, all documents are studies or information related through aspects of civil procedural law, magazines, legal journals, newspapers, and some sources from the internet related to research problems, Other than that, legal frameworks around the world for E-court will be briefly reviewed and will also be used as secondary sources.
Tertiary Legal Materials
Any document that contains concepts and explanations that provide material support for secondary and primary legal materials, such as encyclopedias, dictionaries, etc.
The data collection techniques used in this study are as follows:
Library Research
This research is conducted through the review of library materials in order to obtain secondary data in the form of books and from articles, libraries, both obtained from electronic media, print media and state documents, including laws and regulations; and
Document Study
Document review is a way of collecting data conducted through the review of existing documents so that they can be studied in terms of facts or knowledge to be.
The research process described above is crucial to wrapping up this proposed research. Using this kind of research methodology is a crucial instrument for answering research questions and achieving the research goal.
CHAPTER 2
Critical Anaylsis Of Laws In Pakistan For E- Courts System
2.1 Introduction
This chapter addresses the first research question Whether any laws are available in Pakistan which provides legal framework for E-courts system? It is essential to understand the legal framework because it will highlight whether Pakistan is prepared to establish E-courts and successfully utilize this initiative.
Firstly, an overview of the current legal landscape of Pakistan will be provided, this chapter examines the existing laws and regulations. Following this, an analysis of these laws will be conducted to determine their support for the concept of E-courts. A comparison will be done with the legal frameworks of other countries with successful e-court systems, such as USA, European Union and Azerbaijan etc.
Lastly, The barriers and challenges for the implementation of E-court system will be explored and potential legal reforms will be suggested which will outline the major steps needed towards the institutionalization of E-courts.
This chapter is essential in establishing whether the Pakistan’s current justice system is ready to adopt E-courts? and it will also identify the required actions needed for its readiness.
2.2 Critical Analysis Of Laws For E-Court System In Pakistan
Following are the laws currently available in Pakistan which are related to the E-courts.
2.2.1 Electronic Transactions Ordinance (Eto) 2002
The Electronic Transactions Ordinance (ETO) of 2002 is a first and only law that specifies the legal recognition of electronic documents and digital signatures in Pakistan. The basic purpose of this ordinance was to establish electronic commerce and communication in the legal process, and to validate different transactions and exchanges to occur electronically. The ETO is especially important for E-courts as it validates electronic records and signatures, which are crucial for online judicial processes.
2.2.2 Article 164 Of Qanoon E Shahadat Ordinance
Article 164 of QSO is the only law which allows the use of modern devices and techniques, and it is the law which allows but does not provide any specific procedure for functioning of E-courts.
2.2.3 Analysis Of The Existing Laws And Regulations
The Electronic Transactions Ordinance (ETO) of 2002 is one of the primary laws in Pakistan that validates electronic records and digital signatures. The use of this enactment in E-courts is that it validates the documents and signatures which need to be authenticated digitally during the functioning of E-court system. The major concern regarding the enactment is that it only recognizes this electronic record and signatures used in the traditional courts, but it does not specifically address the needs of E-courts, such as procedural laws and regulations for electronic filings or virtual hearings etc.
With the introduction of e-court system in 2019, the Supreme Court of Pakistan created history as the first court in the nation’s history to use modern technology. The Principal seat at Islamabad comprising of three-member bench heard the case although no particular standard was laid down regarding hearing the cases online. Although there were no set rules or procedures for holding online hearings, This attempt represented a significant step forward in the modernization of Pakistan’s judicial system since it may improve the legal system’s judicial efficacy.
In Pakistan there is no specific enactment and any module and policies that provides any procedure or legal framework for formulation of E-courts in Pakistan. In this technology driven era the world is adopting modern technologies and mechanisms to provide efficient and productive systems in the judicial sphere. To guarantee consistency, equity, and effectiveness in virtual court proceedings, further e-court system development and formalization are required, as evidenced by the absence of explicit protocols and thorough rules.
2.3 Comparison Of Legal Frameworks Of Other Countries With Pakistan’s Legal Framework
Globally, United States and European countries has a well-established e-court system, Including electronic filing (e-filing), which allows lawyers and individuals to submit documents online. The system also includes e-payments for court fees and e-notifications for updates on cases. These features help in reducing physical visits to court, and also save time and resources.
The United States began integrating technology into the judiciary in the 1988, with the establishment of the Public Access to Court Electronic Records (PACER) system. Also, initiatives like CM (case management) and ECF (Electronic Case files) were later introduced (Administrative Office of the U.S. Courts, 2021). United States since Covid-19 has been using e-conferencing for its court hearing. It shows that there are elevated levels of adoption and integration of technology across various courts in the country. The successful implementation in Virginia has given fruitful outcomes towards disposition of cases The results of which has widely been discussed in the 2022 report of supreme court of Virginia. It is attached below:
On the other hand, Europe countries has also implemented E-court system in their countries which has proved greatly beneficial in different aspects of the judicial system. The same model of E-courts used by these countries was also implemented in Azerbaijan which delivered fruitful outcomes in light of time aspect through which the clearance rate has increased 104% as well as 2% disposal of pending cases and just 1% cases hearing postponed. As for the quality aspect of the e court 65% Satisfaction of Court Users, 32% increase in the education of judges, cost of cases reduced by 60% it is more cost efficient and as for productivity the judges time per case reduced by 55%.
Indonesia’s e-court system includes e-filing, e-summoning, e-payment, and e-process. The system was developed to streamline case management and reduce delays. Indonesia’s experience shows that integrating various digital services can significantly enhance judicial efficiency.
While implementing the e-court Mission Mode Project India has also faced several challenges such as, digital literacy and infrastructure gaps. (Kaushik,2016). Pakistan is also facing problems related to digital literacy and infrastructure issues. But with continuous improvements, it can effectively enhance its justice system.
Singapore has also been a valuable player in implementing E-courts system. They have successfully introduced platforms for the public like Authentic Court Orders (ACO), where they can verify the authenticity of the court orders. Community justice and tribunal System (CJTS), e-Litigation, community case management system (ICMS), Divorce e-service, integrated family application management system (iFams) etc.
2.4 Gaps And Challenges In Current Legal Framework Of Pakistan
The foremost serious issue is the digital gap in Pakistan. Many areas, specifically rural regions, deficit the basic technological setup and internet connectivity, making it hard to adopt E-court systems successfully across the whole country.
The current legal framework in Pakistan has major disruption and is facing barriers and challenges in full implementation of E-courts. One major problem is the lack of thorough legislation specifically designed for E-courts. While the Electronic Transactions Ordinance 2002 validates electronic documents and signatures, it does not provide legal framework or guidelines for the functioning of E-courts. Additionally, the press release of the Supreme court and the Circular of Islamabad high court for the video link connectivity to hear cases online does not provide any sufficient legal framework for the working of E-courts.
Furthermore, it is necessary to train and build the capacity for judges, lawyers, and court staff to fit in themselves with modern technologies. The existing legal professionals may not be well equipped in using modern technological equipment, which can delay the implementation of E-courts.
2.5 Potential Legal Reforms Required
For the proper functioning and institutionalization of E-courts in Pakistan. Certain legal reforms are essential as it will help to create a thorough framework for the implementation of E-courts. First of all, specific legislation containing the entire legislative framework is needed for E-courts which will specify all the proceedings which are related to E-courts. It starts from Electronic filing of cases and shall cover all the aspects till the final judgment of the case.
This specific legislation must be aligned with the international best practice of the countries who have successfully adopted the E-court system in their countries and has provided them with fruitful results. Moreover, certain legal reforms needed to be done which includes laws for digital privacy and security to ensure smooth online process.
In addition, Pakistan also needs to arrange training programs for lawyer’s judges and court staff to equip themselves with the modern technology. A pilot program for E-court in major city can be implemented to check the efficiency of the system and to get feedback from people including lawyers and judges to improves and enhance these systems.
2.6 Conclusion
Finally, to conclude it is stated that there is no enactment available in Pakistan for the proper management and functioning of E-courts. Many developed countries have changed its judicial systems in accordance with the modern technologies and it is high time for Pakistan to transform its judicial system with international standards, given the rapidly shifting global landscape and technological developments.
CHAPTER 03
Subtantive And Procedural Changes Needed To Establish And Operate E-courts In Pakistan
3.1 Introduction
This chapter is aimed at identifying the major elements needed for the institutionalization of E-courts and also identifies the subtantive as well as procedural changes needed to Establish and for the successful operation of E-courts in Pakistan. This chapter will provide a basic roadmap and guideline for the adoption of E-courts that will be aligned with the current legal framework of Pakistan and with the international best practices.
For the adoption and implementation of anything in the justice system it is necessary to create a legislative and procedural framework for its recognition, validity, and it’s working. So, a basic enactment including the recognition of E-courts their validity, addressing the jurisdiction of E-courts are essential to govern E-courts. Moreover, procedural rules are also necessary to ensure proper functioning and to protect the rights of complainants and also to keep judicial integrity.
The research question which is addressed in this chapter is:
What legislative and procedural changes are needed to establish and operate E-courts in Pakistan according to international standards?
This chapter evaluates the current legal framework for the working of traditional court systems and the laws governing the working of the courts and analyzes how these laws can be modified to support the E-court system. This chapter also includes the study of different E-court systems adopted by different countries and how Pakistan can adopt and align this system with its current judicial system.
The current laws governing the traditional courts in Pakistan includes Civil Procedure Code 1908 and Criminal Procedure Code. According to these laws it is compulsory for the parties in the case to physically appear before the court and to submit their documents and evidence physically in hard form. These laws are very old therefore they don’t address any questions related to technological advancements. There they lack specific provisions related to the procedure and functioning of the E-court. This gaps lacks a complete procedure starting from filing of the documents electronically, digital summons and notices, digital evidence and the final judgment of the case.
3.2 Existing Legal Procedure Of Civil Trial In Pakistan
Preliminary Stage includes out of court interactions which involves detailed interview on the disputed matter between client and lawyer along with that drafting of the pleadings and after filing of pleadings comes trial stage. These both stages are explained in detail below:
3.2.1 Preliminary Stage
The matters of civil nature according to section 9 of the Civil Procedure Code, 1908 to be heard by Civil courts unless that is barred by the law. Court cannot proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or any of them claim litigating under the same title where such suit is pending in the same or any other Court in having jurisdiction to grant the relief as per section 10 of CPC.
The other instance is defined under section 11 of the code is that court cannot try suit in which the matter is directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties has been heard and finally decided by such Court.
Under section 12(2) of the code a person can challenge the validity of a judgment, decree or order on the plea of fraud, misrepresentation or want of jurisdiction by making an application to the Court which passed the final judgment, decree or order and not by a separate suit.
The jurisdiction of the court can be questioned at the court of first instance at the earliest possible opportunity in all cases where issues are settled or before such settlement, and unless there has been a consequent failure of justice as defined in Section 21 of the code.
3.2.2 Pleadings
In the plaint the foremost thing to addressed is the Jurisdiction of the court which is defined under Section 15 to 20 of CPC, 1908. The suit of a civil nature will be filed before the competent civil court having jurisdiction of the matter as defined in the code.
The parties under order 1 of the code to the dispute are defined as proper party and necessary party to the suit. It explains who will be treated as a necessary and proper party. As per Order 2 the suit must include the whole claim by the aggrieved and the claim must not be procured in parts. Plaint must include the following legal paras cause of action as well as paras on court jurisdiction and court fee.
The court can reject plaint under order 7:11 if proper court fee is not attached with the plaint but this rejection is not absolute in nature under section 149 of CPC and Court Fee Act, 1870 the court can increase the time period to attach proper court fee. Under order 13 list of the documents to be attached with plaint.
The suit is being instituted under order 4 of the Civil Procedure Code. Once the suit is instituted there are three instances firstly, rejection of plaint under order 7:11 on basis of no proper Court Fee is attached, if the suit is barred by the law, if no cause of Action is mentioned in the plaint, and no proper Stamps. Secondly, the suit will be returned on the grounds mentioned under order 7:10 that is the Court Jurisdiction which is Objected under Section 21 of the CPC. Lastly, the other instance is that suit is accepted, and notices will be issued under Order 5 of CPC to the defendant.
Now once the notices are issued two other situations can arise as order 9 clearly explains the consequences of non-appearance by both the parties. Firstly, if the defendant is not presented on the date and time communicated through notice Ex Parte proceedings will be initiated against the defendant under order 9:6 and 9:13. Secondly, if the plaintiff is not present on the given date and time as a consequence the suit will be dismissed under order 9:8 and 9:9 of CPC,1908.
Written Statement under order 8 of CPC will be submitted by the defendant explaining his side of the facts, list of documents to be submitted, counter claims can be argued in the matter only related to money in the same transaction, set off can be claimed and proper reasons will be provided by the defendant against the claims of plaintiff.
3.2.3 Proceedings:
This stage considered to be the trial stage after acceptance of the suit and appearance of the parties under order 10 of CPC the parties are to be examined the court will ascertain that whether the allegations in the pleadings are accepted or denied along with that oral examination of the parties will also be conducted by the court.
Interrogatories And Inspection of Document will be conducted by the court under Order 11 of the code. This is the stage where it will be decided if the party has done admission, then under order 12 the court will pronounce the judgment as no dispute remained unresolved if the party deny the allegations proceedings will move forwards to determine the liabilities of the parties by the court. In this regard the court will frame issues under order 14. At this stage the suit is placed before the civil trial judge by the administrative Judge. Furthermore, a list of witnesses along with a certificate of readiness is to be submitted within 7 days.
At first hearing Suit will be disposed of under order 15 if no major cause of action arises. Notices will be served to the witnesses under order 16 of CPC. It is the discretion of the court to grant adjournment of proceedings on non-appearances under order 17 of the code. The court will record evidence along with that the court will conduct examination and cross examination procedure under order 18 of the code. The court on its own discretion at any stage of the proceedings can accept amendments in the Pleadings under order 6:17.
The court will issue a decree under order 20 of the code which is the formal expression, and it is the operative part of the judgement. Judgement is the completed and final determination of each question settled as the ‘ Issue ‘.
After announcement of the judgement, it is the court under order 21 to oversee the execution of the judgment as well different mode of executions are explained in detail under order 38 of the code. If the right to appeal is available under the law the party not satisfied with the judgment of the court can file an appeal against it under Section 96 of the CPC.
3.3 Required Legislation For E-Courts In Pakistan
E-courts are the technological advancement of the traditional courts therefore it requires a whole new legislation in order to adopt and utilize these technological advancements. All the laws which are required to institutionalize and operate E-courts system in Pakistan are briefly examined in chapter 2 and chapter 5 of this research.
3.3.1 Subtantive Challenges Specific To E-Courts In Pakistan
The Implementation of E-courts in Pakistan will face several barriers and challenges which are identified below:
3.3.1.1 Authentication Of Electronic Evidence
In the traditional court setting the evidence of a party can be easily examined to ensure its authenticity but in the case of E-court system, examining the authenticity of the digital evidence can be a major issue therefore proper legislation is needed to outline the standards for digital signatures, encryption methods, and certification authorities to validate electronic evidence. In addressing authentication challenges, it is essential to adhere to established guidelines and standards for digital signatures and encryption methods.
3.3.1.2 Jurisdictional Issues In Online Proceedings
E-courts often face jurisdictional challenges when dealing with cases involving parties from different geographic locations or online transactions crossing international borders. For the overseas Pakistanis, Pakistan should make a detailed legislation that should clarify rules for determining jurisdiction in online proceedings, including establishing thresholds for when a court has authority over a particular case and much more.
3.3.1.3 Data Privacy And Security
Maintaining confidentiality and safeguarding sensitive information is critical in e-court operations. It is necessary to ensure proper legislation equipped with laws to prevent any unauthorized access of the data and to ensure digital security.
3.3.1.4 Access To Justice And Digital Divide
As the digital literacy in Pakistan is low at an alarming rate it is necessary to organize certain program that educate people regarding the use of technology. In some rural areas where proper internet facility is not available. It is necessary to ensure proper internet access in these areas for proper working of E-courts. An option to access physical courts should also be available for the people so that they can also access traditional courts when they need.
3.3.2 Procedural Changes For E- Courts In Pakistan
A complete legal framework for E-court is required which should include all specific laws related to E-courts to ensure transparency, fairness and justice.
3.3.2.1 A Portal For Electronic Case Management
For the purposes of institutionalizing E-court the first and most important step is to create a portal for Electronic case management. This electronic case management has been used by many developed countries including European union’s E-justice portal, In united states of America and the smart court system in China etc. This electronic case management portal can be used to maintain records of cases online.
3.3.2.2 Electronic Filing And Service Of Documents
As currently there is no specific legislation related to procedures for Electronic filings and to deliver summons and notices. It is essential to pass an enactment related to the procedure of electronic filings and to deliver summons and notices online.
3.3.2.3 Virtual Hearings And Remote Participation
For the E-court system it is necessary to make specific laws related to the procedure of virtual hearings and for participation of the people who are abroad and are unable to appear in the courts physically. This can also be essential in cases of people who are disabled and cannot and faces difficulty to appear in the courts physically.
3.3.2.4 Digital Evidence Management
For digital evidence it is necessary to ensure that it is saved securely, therefore it is necessary to create laws for digital security to ensure the security of digital evidence.
3.3.2.5 Online Dispute Resolution (ODR) Mechanisms
In the E-court system a new mechanism which is an alternative of Alternative dispute resolution. It is called online dispute resolution (ODR). In this process people can resolve their disputes outside court with the help of online case hearing through video link connectivity. Certain laws related to ODR should also be present related to the procedures of ODR.
3.3.2.6 Enhanced Security And Data Protection
In Pakistan it is very necessary to save the data which is present online. For this purpose, it is essential to create laws related to digital security and data protection. Certain laws and regulations to encrypt the online data and how to manage data online are also necessary to protect transparency and fairness.
3.3.2.7 Training And Capacity Building
As Judges lawyers and other court staff in Pakistan are unaware of the modern digital technology it is important that training programs for these people should be organized so that they can control the newly installed E-court system.
3.3.2.8 Public Outreach And Education
To ensure public outreach and education. It is necessary to provide necessary information to people for the modern technology related to E-courts so that they can file their cases electronically.
3.4 Comparison With International Standard Models
Firstly, we look into the international standards before consideration of Implementation of E-courts in Pakistan, this all is to assess the proposed legislative revisions in light of international principles. Pakistan has to follow all the standards adopted internationally for the E-courts system.
3.4.1 UNCITRAL Model Law On Electronic Commerce
The United Nations Commission on International Trade Law (UNCITRAL) developed the Model Law on Electronic Commerce, this model law proposes detailed framework which majorly focus on the electronic transactions which includes different aspects of the E-courts that include electronic signatures, E-evidence etc. this also explains the admission of the electronic evidence along with the standards for E-filing.
Worldwide different countries have adopted these aspect of technology in the justice system to improve and expedite the justice system as well as increase the transparency in the whole system through adoption of such systems Pakistan can also make improvement in her judicial system.
3.4.2 Eu (European Union) E-Justice Portal
The E-justice portal created by the European Union is developed for electronic access to judicial services across EU member states. It emphasizes interoperability of legal systems, electronic case management, and cross-border legal proceedings. The portal includes guidelines and best practices for implementing E-courts and electronic legal processes within a diverse legal landscape. Pakistan should also such portals to smooth judicial proceedings (EU e-justice portal).
3.4.3 Estonia’s E-Court System
Estonia has developed a comprehensive e-court system that enables fully electronic court proceedings, including electronic filing, virtual hearings, and digital authentication of evidence. Estonia’s experience highlights the integration of advanced digital technologies into judicial processes and provides insights into overcoming technological and legal barriers in e-court implementation (e-Estonia).
3.5 Conclusion
It is concluded that the changes that Pakistan required for institutionalization of E-courts is diverged in to two aspects that includes the procedural and substantive changes in the existing judicial system for the operationalization of E-courts to increase faith on the judicial system by increasing the integrity, transparency and fairness of the judicial process.
CHAPTER 4
Impact Of Institutionalization Of E-courts On Existing Judicial System Of Pakistan
4.1 Introduction
The focus of this chapter is to analyze the successful implementation of E-courts in Pakistan and how E-court system will affect the current judicial system of Pakistan.
The primary objective of this chapter is to study that how the implementation of E-courts will affect certain issues of traditional courts of Pakistan including backlog of cases, delay in the judicial process etc.
This chapter will address the third research question of the thesis which is What impact will be created by institutionalization of E-courts on the existing judicial system in Pakistan?
In order to understand how E-courts will impact Pakistan’s judicial system a strong theoretical framework is very essential. This framework will provide assistance in order to analyze and understand the modifications that E-courts could bring in the current judicial system. For this process four theories are used which are stated below.
4.2 Technology Acceptance Model (Tam)
One of the well-liked theories for understanding how people adopt and use new technology is the Technology Acceptance Model (TAM). Since its creation by Fred Davis in 1989, TAM has been extensively utilized in a variety of sectors to research how technology is adoptet.
4.2.1 Key Components Of Tam
Perceived Usefulness (Pu)
This measures an individual’s belief that utilizing cutting-edge technology will enhance their ability to accomplish their work. Regarding e-courts, it refers to the degree to which judges, solicitors and court employees think that e-courts will facilitate and improve the efficiency of their work.
Perceived Ease Of Use (Peou)
This relates to an individual’s perception of the ease of use of cutting-edge technology. Regarding e-courts, the question is whether the public and legal professionals can easily navigate and use the system.
4.2.2 Application Of Tam To E-Courts
Perceived Usefulness
Judges and lawyers are more inclined to adopt the system if they think that e-courts will enable them to handle cases more quickly and effectively.
Perceived Ease Of Use
More individuals will use the e-court system if it is made to be user-friendly, intuitive, and simple to use.
4.3 Institutional Theory And Organizational Change
An understanding of how organisations adapt to new norms, regulations, and technological advancements is aided by institutional theory. According to institutional theory, external influences and the desire to follow new standards and procedures have an impact on organisational change, including the implementation of E-courts. This theory identifies how social and cultural factors can affect courts in a country.
4.3.1 Key Components Of Institutional Theory
Isomorphism
Isomorphism describes that various pressures in society can lead to change two in situations and make them similar.
There are three types of isomorphism:
Coercive Isomorphism: It is the outcome of both formal and informal pressures from other organisations or society.
Mimetic Isomorphism: It is a phenomenon in which organisations imitate others in response to uncertainty.
Normative Isomorphism: It comes from professional standards and practices.
4.3.2 Application Of Institutional Theory To E-Courts
Coercive Isomorphism
Proper legal reforms and government policies can pressure courts to adopt E-courts.
Mimetic Isomorphism
Courts in Pakistan might adopt E-courts by imitating successful examples from other countries to reduce uncertainty in their system.
Normative Isomorphism
The professional bodies and associations can set standards and best practices for E-courts, which will encourage their adoption.
4.4 Diffusion Of Innovation Theory
This theory was developed by Everett Rogers in 1962, in the book “the Diffusion of Innovations”. This theory explains how, why, and at what rate latest ideas and technology spread through cultures. This theory can help us understand how E-courts might be adopted in Pakistan’s judicial system.
4.4.1 Key Components
Innovators: The first individuals to adopt innovation.
Early Adopters: Respected leaders and individuals who adopt early and influence others.
Early Majority: Individuals who adopt before the average person.
Late Majority: Skeptical individuals who adopt after the average person.
Laggards: Last to adopt the innovation, who prefer the traditional methods.
4.4.2 Application To E-Courts
The stakeholders need to identify who in the judicial system (judges, lawyers, clerks, litigants etc.) falls into each category. It can help tailor strategies to encourage the adoption of E-courts. Understanding these stages of adoption can help in planning the implementation process.
4.5 Socio-Technical System Theory
This theory focuses on the interaction between people and technology in the workplace. It emphasizes that both social and technical systems must be optimized together for effective functioning.
4.5.1 Key Components
Technical Subsystem The tools and technologies used In the organization.
Social Subsystem The people and the organizational structure.
Environmental Subsystem The external environment affecting the system.
4.5.2 Application To E-Courts
In order to effectively institutionalize E-courts, the stakeholders must balance the introduction of modern technologies with training and changes in organizational culture. It should ensure that both the technology and the people who are using it are supported and developed together.
4.6 Potential Impacts Of E-Court On The Current Judicial System
So, implementing E-courts in Pakistan can have several significant impacts on the current judicial system. Following are ten potential impacts:
4.6.1 Reduction Of Backlog Through Electronic Case Management Systems
E-courts can help reduce the substantial number of pending cases by using electronic case management systems. These systems automate and streamline case handling, which allows for quicker scheduling of hearings, better tracking of case progress, and reducing administrative delays. This can help clear the backlog of cases more efficiently.
4.6.2 Accelerated Case Resolution And Procedural Efficiencies
Because routine tasks are automated and case management systems are improved, e-courts can settle cases more quickly. Processes can be accelerated by digital communication between parties and electronic document filing. This shortens the length of time it takes for cases to go through the legal system; as a result, resolutions will happen more quickly.
4.6.3 Improved Accessibility For Remote Areas And Marginalized Groups
E-courts can help people appearing in the cases who by any reason failed to physically appear in the court especially for people who are in another country and cannot participate physically in the court. This can also help marginalized groups to appear in court through video conferencing.
4.6.4 Facilitation Of Online Dispute Resolution Mechanisms
Online dispute resolution (ODR) is a method where parties can resolve disputes through mediation or arbitration online. With the advantage of the E-court system this can be a faster and less expensive way to resolve disputes, which is an extraordinary alternative to the traditional court proceedings.
4.6.5 Enhanced Transparency In Court Proceedings
By maintaining digital records and documents and storing all information related to the proceedings of the case online, E-court can greatly increase the transparency of the court proceedings.
4.6.6 Digital Records And Audit Trails For Accountability
E-courts that use digital data generate transparent audit trails and facilitate tracking of case status and history. With the presence of digital records, the chances of mistakes are decreased because it becomes part of the database and can be evaluated later.
4.6.7 Reduced Operational Costs
All the costs which are related to paper, transport and maintaining court rooms can be reduced drastically and all the money can be saved.
4.6.8 Efficient Use Of Judicial Resources
By reduced time of case proceedings judges can also concentrate on other important cases which can drastically reduce the backlog of cases and in return the total productivity of justice system can be increased.
4.6.9 Enhanced Security Of Legal Documents
All the court documents and files can be stored online in an encrypted form which will certainly enhance judicial security as compared to physical documents and also there are no chances of documents being misplaced and lost online.
4.6.10 Improved Data Analysis And Decision-Making
With the help of improved data analysis and decision making the courts can become more effective by using these modern tools to give better decisions which in turn will improve the judicial process and will lead to more effective execution of justice.
Lastly, These possible effects emphasize that how E-courts can transform Pakistan’s current judicial system. By addressing the existing challenges and integrating modern technology, E-courts can result in a more efficient and effective judicial system.
4.7 Conclusion
It is concluded that the only way expeditious justice can be achieved by drastic changes in the judicial system through E-courts. As Pakistan is facing backlog of cases which is affecting and causing delay in providing justice as “Justice delayed is justice Denied”. The only way to cope with this issue is adoption of the methods that world has adopted by integration of modern perspectives in the judicial system. Another important aspect is the acceptance of E-courts within society as well as the existing judicial framework.
CHAPTER 5
Conclusion And Recommendations
5.1 Recommendations
For the institutionalization of E-courts in Pakistan following recommendations must be followed.
5.1.1 Required Legislative And Procedural Framework
For the institutionalization of E-courts in Pakistan a specific legislation must be enacted for -courts which will cover all the aspects from electronic filing, digital evidence till the final judgment of the case.
Preliminary And Establishment Of E-Courts
All the existing laws lack to provide proper legal framework for the institutionalization of E-courts in Pakistan. Laws like Civil Procedure Code, 1908 and Qanoon-e-shahadat, 1984 are lacking the capability to provide proper function mechanism for the working of E-courts in Pakistan.
This research is providing a new legal framework for the institutionalization of E-courts in Pakistan by prosing special legislation for that very purpose the legislation will address the basic understanding of the E-courts including all the basic terms related to the E-courts which includes “E-filing”, “E-hearing”, “E-records”, “E-certification” “E-Judgment” “E-evidence”.
Then it should include specific provisions related to the establishment of E-courts and will also address the questions of Jurisdiction and powers of E-courts. As a common law country our justice system based on adversarial justice system in which two lawyers represent their parties before impartial judge who is characterized as a neutral decision maker who decide on basis of evidence that is produced before the court. Current evidence law specifically Qanoon-e-shahadat,1984 also lack to address the admissibility of evidence in E-court and its reliability. All these aspect and gaps are covered by the new legal framework proposed by this very project.
Procedure And Operation
Then the legislation will cover all the procedure and operation of E-courts which will include:
E-Justice Portal
The Legisltion must establish E-Justice Portal through this unified portal all the functioning of the court will be managed and conducted smoothly, this portal will be used from the very first step of filling to judgement and its execution along with that will also allow to file appeal if the right of appeal is allowed by the law.
Through this portal all the information regarding Case Document to be provided on the portal and all the proceedings must be conducted electronically. The portal will provide these facilities especially e-filling of electronic claim, submit applications, complaints and other documents verified by an electronic signature, case progress tracking and management system, Automatic case allocation system, system of recording of court hearings, E- court fee, Video Conferencing System, E-order, E-enforcement system, Court Evaluation system, Monitoring board, E-scheduling of the case, E-preparation of court documents and most important features include 24/7 availability.
Electronic Filing
Electronic filing and services in which all documents should be filed electronically through a secure and end-to-end encrypted online platform. The portal should also have the option of uploading new documents, pleadings, evidence, power of attorney etc. all sorts of documents are to be uploaded electronically on the portal. Both the parties will submit plaint and written statement electronically on the E- justice portal.
Court Fee
The court fee is submitted through portal by using online medium and that can be verified as paid on the E- Justice portal for that purpose an E- receipt will be issued against the payment that is being paid as court fee. If the fee is not paid as required by the law the consequences specified by CPC will be applied in all situations.
Notices And Summons
The electronic process of summons and notices shall also be covered in the legislation by receiving information about the proceedings through SMS and e-mail. These have to send to both the lawyers as well as to the defendant himself. In the case of calling witnesses the court will also issue summons and notices electronically through SMS and E-mail.
Consequences Non-Appearance
If the plaintiff is not presented before the court electronically on the date and time communicated the court will dismiss the plaint. In another case if the defendant is presented before the court electronically the court will start Ex-parte proceedings.
Administrative Judge
At this stage if the claims of the plaintiff are denied by the defendant before the court the matter will be referred to trial court and judge of for the trial will be assigned through automatic case allocation system.
Automatic Case Allocation System
The cases in the E-court are to be allocated through an automatic case allocation system randomly between the judges by the types of cases as civil, commercial, administrative, or on the basis of court’s caseload. This automatic allocation of the cases will increase the transparency in the judicial system along with that will insure equal distribution of the cases among the judges.
Framing Of Issues
The trial court will frame the issues and will start the trial stage electronically in which both the parties and their representatives will take part in the whole proceedings electronically through a video conferencing system on E-Justice portal.
Proceedings
The parties will appear before the E-court through video conferencing system on the portal before the trial court on given date and time. The process to conduct the proceedings includes hearing of cases through video conferencing system, participation of parties through a secured platform, and availability of necessary technology for the court as well as for the parties to fully participate in the legal process.
Recording of E-evidence
The E-court will accept submission of electronic evidence, and such will be uploaded on the E- Justice Portal. E-evidence will not be questioned merely on the basis of its electronic nature.
Examination In Chief
Every party will have the right to present their side of witnesses in the E-court through video conferencing system. The statement of the witness will be recorded, and the transcript of the statement will be shared with both the parties by the E-court through the E-Justice Portal. The right of examination in chief cannot be taken away by the E-court as that is the right of the party.
Cross Examination System
The parties will have right to cross examine the witnesses of adverse party this whole process will also be conducted electronically through video conferencing system and the same way statement of the witnesses will be recorded and the transcript of the witness statement will be shared with both the parties by the E-court through E-Justice System. The right of cross examination will not be taken away by the E-court as that is the right of the party.
Adjournments
The court will have discretion to grant an adjournment on non-appearance of the parties, but the court cannot grant too many adjournments as that will defeat the core purpose of institutionalization of E-courts to providing expeditious justice mechanism to the public. The unnecessary adjournment can be questioned through an electronic complaint application on E-Justice Portal before the Senior Civil Judge or Administrative judge.
Decree and Judgement
The E-court will issue a decree which is the formal expression, and it is the operative part of the judgement. Judgement is the completed and final determination of each question settled as the ‘ Issue ‘. The decree shall be uploaded on the E-Justice Portal which shall be notified to the parties as well as a public document such should be in access to the general public.
After announcement of the judgement, it shall be made public but as the parties to the case are concerned judgement along all electronic files of case should be send so that on non-satisfaction of the judgement such can be challenged before higher authority that have right to hear the appeal given under the law.
Signature
The judgments and order of the court are to be signed by the judge electronically and to be published on the portal as that is a public document but specifically for the parties’ access to the unified database of the judgements will be provided.
Execution Of Judgement
The E-court will oversee the execution of the judgment and implement it through the mean of different technological means to ensure that authorities are enforcing the judgment of E-court as in case of monetary electronic
Complaint
The party to the suit will have the right to file an electronic complaint against the judge for his misconduct. The conduct of the judge during proceedings will be evaluated by the administrative judge. Such a complaint will be filed through the E-Justice Portal in which all the records showing the misconduct along with application will be submitted electronically.
Appeal
The procedure for the appeal against the judgment of E-court is to be provided on the E-Justice Portal for that purpose the information to be submitted about the court, type of the application, category of the case after that the information about the litigants to be submitted along that documents and files relevant to the case to be uploaded then online payment of the court fee for the application to be deposited. Once the application is created, confirm, and sign the application by an electronic signature.
Digital Evidence And Data Security
The legislation should also cover the aspect of reliability and authenticity of digital evidence and must include specific provisions as to how digital evidence must be provided in E-court.
It must also include the aspect of data security and privacy and implement specific measures to ensure the security of data that is provided to E-court by the parties and should also include penalties to prevent unauthorized access and tampering of E-courts data.
5.1.2 Training And Support
It should also contain provisions for training programs to conduct trainings for lawyers, Judges, and court staff and for the technical support for the use of E-court system. Moreover, it should also include the process of funding the establishment and operationalization of the E-courts.
5.1.3 Feedback And Improvements
It is important to evaluate the effectiveness of the E-courts and get feedback to align the E-courts system to make it more effective, speedy, secure and ensure transparency along with fairness for that reason court valuation system to be introduced on the E-Justice Portal.
5.1.4 Public Awareness
For the institutionalization of E-courts public awareness is an especially important and necessary element in order to educate peoples on how to use E-court access E-court services and for this purpose public awareness campaigns must be organized to provided necessary information of E-court system to the citizens. Moreover, training programs for lawyers and judges must also be organized to educate them on how to use E-court services.
5.2 Conclusion
In Pakistan, the establishment of E-courts signifies a noteworthy advancement towards the modernization of the legal system and tackling continuing issues. This thesis has thoroughly gone through all the steps and action which are required for the successful institutionalization of E-courts in Pakistan. This thesis also has given direction to create a new procedural framework for the working of E-courts.
While examining the current legal framework of Pakistan there existed a certain legal gap and flaw related to working of E-courts as in the traditional court system of Pakistan there is very less involvement of technology and the laws currently available does not provide any procedural framework related to adoption of these modern technology.
For successful implementation of E-court system specific laws related to the functioning of E-courts, digital evidence, data security and privacy needs to be created to ensure fairness, transparency and accountability.
Technology Acceptance Model (TAM), Institutional Theory, socio-technical theory and diffusion of innovation theory are theories which analyze the impact of E-courts and modernization in society.
The current issues of traditional courts of Pakistan including cases backlog, delay in proceedings etc. can greatly be reduced with the help of E-court system as this system has proved to be successful in many countries including European Union United states of America, and Azerbaijan.
An E-court system with the help of its features can greatly increase transparency and accountability. With improved security for legal documents and better data analysis capabilities, E- courts can also help to lower the costs including costs for paper, maintenance of courts etc. The results thesis emphasizes the importance and need of E-court system in the current justice system of Pakistan.
With the proper training programs held for the training of judges and lawyers E-courts can transform the whole judicial system of Pakistan and make it more effective. With the proper awareness of the public about the E-court system it can build the confidence of the people on E-court system and people can also provide feedback as to how this system can be improved with the passage of time.
Furthermore, Pakistan can look in to already implemented successful E-court systems in different developed countries which has provided many fruitful outcomes and can align the current judicial system according to it.
Last but not least, Pakistan’s move to e-courts promises to make the legal system a more effective, open, and reachable organisation. Pakistan can assist the judiciary to adopt these modern technology which will increase the judicial efficiency and in return will be beneficial for the progress of the country.
Work Credit:
This work has been expertly handled by Muhammad Zain Arif, Qamar Zaman, and Kiran Baloch—highly skilled and professional lawyers. Muhammad Zain Arif and Qamar Zaman, the founders and owners of Legal Sparrow, bring their expertise and dedication to ensuring top-quality legal services.
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