The general public of Pakistan is not aware of this. But our justice system is an adversarial legal system. Countries around the world follow two legal systems. These are 1) Inquisitorial Legal System and 2) Adversarial Legal System.
What are Adversarial Proceedings?
Adversarial proceedings follow the adversarial legal system. In such proceedings, the judge makes the verdict based on the law. The parties involved present relevant evidence to support their cases. Under the light of the associated law, the judge passes a verdict. The decision is entirely made on the basis of the evidence presented. The judge cannot use his own opinion in the entire process.
The court does not make its own investigations as well. Also, the court does not form its own assumptions. Adversarial proceedings are solely based on the facts presented by each party.
Note: To know more about adversarial proceedings in Pakistan, contact a law firm in your city!
What Are Inquisitorial Proceedings?
Inquisitorial proceedings are not conducted in Pakistani courts. Many countries around the world follow the inquisitorial legal system. These countries involve Italy and France. This legal system stands in contrast to the adversarial legal system. In this legal system, the judge assists the entire proceedings. The judge does not only listen to the evidence but challenges them. He handles adjudication and investigation.
Experts believe that inquisitorial proceedings have an investigative nature. In such proceedings, the court conducts its own investigation. Many times Pakistan has received advice from experts to adopt inquisitorial proceedings. Especially in family and civil cases.
However, the Pakistani court system has followed the adversarial legal system for decades.
History of Adversarial Proceedings in Pakistan
Pakistan follows an adversarial legal system because it is a former British colony. Countries like the US, UK, and Australia follow a common law system. The UK governed Pakistan at one point in history, thus we inherited this system. Ever since legal cases in Pakistani courts have followed adversarial proceedings.
Are Adversarial Proceedings More Expensive Than Inquisitorial?
As mentioned, inquisitorial proceedings have the court involved in the investigation. As a result of this, it is cheaper in nature. Adversarial proceedings in Pakistan can be pretty expensive. Why? Because the parties have to present all the information themselves. There are hidden costs associated with generating evidence. This incurs a huge cost that the parties bear.
What are the Advantages of Adversarial Proceedings?
There are many pros of filing a case through adversarial proceedings in Pakistan. Let’s look at them one by one.
- Adversarial proceedings are fairer. These proceedings involve a fair environment. The state cannot favor any of the parties. That’s because the evidence is the most significant aspect. The judges are not allowed to favor the other parties. Experts believe that there is no room for any abuse in this system.
Anything that is not supported by valid evidence, is not considered. The litigation process is assisted through pre-trial discussions. The parties are given a chance to resolve issues outside of litigation. This is a trick that can help the parties spend less and get their issue resolved. The Pakistani law firms that practice adversarial proceedings try to resolve your issue. That too, without litigation.
- The rights of both parties are ensured. Every step in the adversarial proceeding is decided under the law. People support the adversarial proceedings in Pakistan widely. Because it deems law as the center of governance. Anything outside the law is not deemed important. The court allows both parties to defend their side through valid evidence. Besides this, courts recommend lawyers so that the litigation process is smooth.
- The neutral panel of judges decide. The judges are not allowed to take sides. They are also not supposed to pass their opinion. That’s because adversarial proceedings throw the burden of investigation on the parties. The judges are neutral. They listen to the parties and their respective claims. Afterward, they pass a verdict. The justification of the decision they make is the law.
It is the best advantage of adversarial proceedings. Why? That’s because it relies on an objective procedure. There is no room for any emotions or opinions. Pakistani courts follow this to ensure the fairest outcome.
- Increased involvement of the police. The police investigators assist the parties. They are the factfinders in the process. Many usually assume that the parties don’t receive any help in the investigation. That’s not true. The adversarial legal system mobilizes the police investigators. This way, the parties receive facts from an objective party. There is an additional pro of having the police included. The police make sure that everyone abides by the law. Police investigators ensure that the parties stick to legal steps.
Pakistani lawyers practicing adversarial proceedings in Pakistan believe in this legal system. They think that law is absolutely ‘sovereign’. It ensures objectivity in a legal case; this is why many trust this system.
- There is absolutely no room for bias. Law governs adversarial proceedings. It ensures objectivity throughout. The police check facts and evidence through authentic authority like the police. All this helps the parties included. Authorities have created the system this way so neither of the parties enjoys any favors. To keep the biases away this is a great way, practiced for decades
Problem with Adversarial Proceedings in Pakistan
The Pakistani government has been following an adversarial legal system for decades. All to ensure a fair way to provide justice to the people. Renowned lawyers around the world recommend an inquisitorial legal system. Getting a judge involved is better by inquisitorial legal system supporters. They believe the judge should investigate and adjudicate in the proceedings. But, the legal system that Pakistan follows is still adversarial.
We hope that this article has helped you. Especially in clarifying your basics on adversarial proceedings in Pakistan. Choosing the best law firm for your legal cases can be hard. This is why we suggest that you choose the best in your city.