Liberty vs. Procedure: A Critical Assessment of Prolonged Judicial Remand and Human Rights Infringements within Pakistan’s Criminal Justice System

Abstract

The sanctity of individual liberty is a foundational tenet of both domestic constitutionalism and international human rights jurisprudence. However, in the legal landscape of Pakistan, pre-trial detention has transitioned from an exceptional procedural necessity into a pervasive mechanical practice. This study critically evaluates the systemic reliance on prolonged judicial remand, which frequently results in "punishment before conviction" for a vast population of under-trial prisoners, many of whom are ultimately acquitted. By synthesizing the protections offered under Articles 9 and 10A of the Constitution of Pakistan with international benchmarks, specifically Article 3 of the UDHR and Articles 6, 9, and 14 of the ICCPR, this research highlights a widening gap between statutory ideals and judicial realities. The analysis contends that current detention practices undermine the presumption of innocence and violate the right to a fair trial. The paper concludes by advocating for substantive institutional and legislative reforms to harmonize Pakistan’s criminal justice framework with global human rights obligations, ensuring that liberty remains the rule and incarceration the exception.