use of information and communication technologies …
TRANSCRIPT
USE OF INFORMATION AND COMMUNICATION
TECHNOLOGIES IN DISTRICT JUDICIARY OF
KHYBER PAKHTUNKHWA : CHALLENGES AND THE
WAY FORWARD
THESIS SUBMITTED FOR THE PARTIAL FULILLMENT OF
THE DEGREE OF
DOCTOR OF PHILOSOPHY (PH.D)
IN
LAW
TO
HAZARA UNIVERSITY, MANSEHRA, PAKISTAN
BY
ASAD ALI
DEPARTMENT OF LAW, HAZARA UNIVERSITY,
MANSEHRA, PAKISTAN
2013
2
AUTHORISATION TO SUBMIT
DISSERTATION
This dissertation of Asad Ali submitted for the degree of doctor of philosophy titled “Use Of
Information And Communication Technologies In District Judiciary Of Khyber
Pakhtunkhwa: Challenges And The Way Forward” has been reviewed in final form.
Permission, as indicated by the signatures given below, is now granted to submit the copies to
Hazara University for the final evaluation process.
Research Supervisor
Prof. Dr. Syed Sohail Shahzad. ……………………………………..
Head department of LAW
Prof. Dr. Syed Sohail Shahzad ……………………………………….
Thesis for the Degree of Doctor of Philosophy
2013
Dedication
Dedicated to my deceased father Haji Isran Gul bin Sultan Khan
(1940-2011)
He is the personality who sold all his assets in order to elevate me from
the dust of Peshawar to shining dawns of Glasgow, Scotland.
i
ii
Table of abbreviations
ADJ Additional District and Session Judge
AIJA Australian Institute of Judicial Administration
AIPA Authority for Information Technology in Public
Administration
AJP Access to Justice Program
ASEAN Association of South East Asian Nation
ATM Automated Teller Machine
BIT Bachelor of Information Technologhy
BMS Budget Monitoring System
CCDC Certified Copies Delivery System
CCOURTIS City Civil Court Information System
CDROM Compact Disk Read Only Memory
CJP Chief Justice of Pakistan
CMS Case Management System
CNIC Computerized National Identity Card
COSCA Conference of State Courts Administrators
COURTIS Court Information System
CPC Claim Production Center
CRPC Criminal Procedure Court
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DCIS District Court Information System
DSJ District and Session Judge
e-Banking Electronic Banking
e-CAMS Electronic Case Management System
e-Court Electronic Court
ECR Electronic Court Record
eFiling Electronic Filing
e-Filing Electronic Filing
e-Justice Electronic Justice
E-KIOSK Electronic KIOSK
e-Litigation Electronic Litigation
ETO Excise and Taxation Officer
e-Trial Electronic Trial
FIR First Information Report
GBPS Gigal Bits Per Second
GXML Giga herts Extensive Markup Language
HBS Hoger Bereop Systeem
HRO High court Rule and Order
ICAP Institute of Charted Accountant of Paksitan
ICMAP Institute of Cost and Management of Pakistan
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ICT Information Communication Technology
ISJIS Integration of Scottish Criminal Justice Information
System
IT Information Technology
JM Judicial Magistrate
JUDIS Judgment Information System
KPK Khyber Pukhtunkwa
LAN Local Area Network
LIMS Library Information Management System
LTC LawNet Training Center
MAC Media Access
MCOL Money Claim On Line
MCS Master of Computer Science
MIS Management Information System
MIT Member Inspection Team
MIT Master of Information Technology
MRSID Machine Readable Seafarer Identity Document
MS Master of Science
NACM National Association for Court Management
NADRA National Database and Registration Authority
v
NIC Network Interface Card
NJP National Judicial Policy
NJPMC National Judicial Policy Making Committee
PC Personal Computer
PCOL Possession Claim On Line
PDF Portable Document Format
PHC Peshawar High Court
PKR Pak Rupees
PS Process Server
PTI Pakistan Tehrik Insaf
RFID Radio Frequency Identification Device
SCJ Senior Civil Judge
SCP Supreme Court of Pakistan
SHC Sindh High Court
TWAS Third Word Academy of Sciences
UK United Kingdom
URL Uniform Resource Locator
UV Ultra Violet
VACS Vehicle Access Control System
VC Video Conferencing
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VCAT Victorian Civil and Administrative Tribunal
VIMS Vehicle Identification and Monitoring System
VMS Vigilance Monitoring System
WAN Wide Area Network
WMS Work Monitoring System
XML Extensive Markup Language
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Acknowledgment
All praises to Almighty Allah. Eternal blessings be on His beloved, The Holy Prophet
Muhammad PBUH. Doing the current work was not possible to be completed without
the due helping hands of my so many friends, colleagues, well-wishers and especially
my spouse and daughters Shamail & Hania (I am guilty for not sparing enough time to
sweeten their evenings and holidays over the years). Knowing that I have already done
my LLM in Information Technology and Telecommunications Law, Prof. Dr. Syed Suhail
Shahzad, coined the idea in the summer of 2009 to push the research work forward, to
write more on the ICT in justice system, as being relevant to my professional career.
Dr. Suhail was kind enough to guide me from time to time as how to climb this
insurmountable hill. Due to his continuous and relentless efforts, encouragements,
guidance, research tactics and thought provoking discussions over the last four years,
it was possible to have a research work completed on the most sophisticated topic of
ICT in rudimentary justice department of the province. I am indebted to pay my
heartiest thanks to Mr. Azmat Ali, my cousin who truly sponsored the study by
financing my endeavours to import heavy and expensive tranche of foreign books on
the topic without which the work would not have taken the current shape. Sathia
suguna kumar Raj of Chennai, India was all there to procure and dispatch the valuable
books. Mr. Suhail Anjum, a government officer really helped by digging out relevant
data from the public departments and handing over to me. Mr. Laal Shad of PHC, MIS
branch, gave valuable feedback by providing practical touches to the dissertation. My
court staff in Abbottabad helped in obtaining first hand information from various
sections of the district courts. Mr. Aurganzeb Khattak, DSJ Dir Upper, Mr. Aurang Zeb
Khan, CJ Nowshera, Mr. Asghar Khan Mehsud, CJ D.I. Khan, whole-heartedly cooperated
in provision of relevant data from their respective districts. Mr. Bilal Jabbar of I.T
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Directorate, Mr. Bashir JanJua of Census Commission Peshawar are worthy to be quoted
as well. Dr. Suhail Farooq, and Mr. Mian Shakeel Ahmad, faculty members of Hazara
University are credited for their kind counselling on the topic. Mr. Hidayat Ullah, senior
KPO, University of Peshawar spared his precious time to give final touching to the
draft. Mr. Attas Amin of District Courts Abbottabad also helped in drafting and
collection of relevant data. The list is long and heavy and thanks are submitted to all
those who cooperated in one way or the other in this exhaustive research work.
Asad Ali
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Contents
1 Problem Overview ....................................................................................................................... 19
1.1 Introduction. ..................................................................................................... 19
1.2 Courts and ICT. ................................................................................................. 23
1.3 Case backlog .................................................................................................... 24
1.4 Expansion of Judicial Role ................................................................................. 28
1.5 The issue of access to least accessible areas. .................................................... 29
1.6 Judicial Reforms/ expansion under AJP. ............................................................ 39
1.6.1 The launch of Time Bound Delay Reduction Policy (TBDR) ........................... 40
1.6.2 Establishment of Member Inspection Team (MIT) Office .............................. 41
1.6.3 Incentive and Reward Policy ........................................................................ 41
1.6.4 Establishment of Information Kiosk ............................................................ 41
1.6.5 Establishment of Stake Holders Committees ............................................... 41
1.6.6 Holding Conferences/Seminars ................................................................... 42
1.6.7 New recruitments. ...................................................................................... 42
1.6.8 The Enhancement Salary ............................................................................. 42
1.6.9 Infrastructure Development ........................................................................ 44
1.6.10 Management Information System (MIS) ....................................................... 47
1.7 National Judicial Policy; Sword of Disposal. ....................................................... 48
1.8 Conclusion:....................................................................................................... 54
2 Contemporary ICT landscape in KPK ............................................................................... 55
2.1 Introduction to Chapter .................................................................................... 55
2.2 Information Technology in Public Sector of KPK. ............................................... 55
2.2.1 The Department of IT, A Technology Pioneer in KPK. .................................. 55
2.2.2 Achievements ............................................................................................. 56
2.2.3 Online Litigation and Case Tracking System for Service Tribunal. ................ 56
2.2.4 Online Hospital Management System for Lady Reading Hospital. ................. 58
2.2.5 Land record computerization. ..................................................................... 60
2.2.6 IT Help to Swat Police Stations. ................................................................... 63
2.2.7 E-driving license. ........................................................................................ 64
2.2.8 Property tax information system. ................................................................ 64
2.2.9 NADRA; Technology in action.
..................................................................... 66
2.2.10 COMSATS institute of information technology. ............................................ 73
2.3 ICT in Private sectors of KPK ............................................................................. 82
2.3.1 Banking sector. ........................................................................................... 83
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2.3.2 Information technology and the mobile telephone sector. ........................... 85
2.3.3 National University of Computer and Emerging Sciences. ............................ 91
2.3.4 CECOS University ........................................................................................ 93
2.4 Conclusion of the chapter ................................................................................. 94
3 ICT in Judiciary around the Globe ..................................................................................... 95
3.1 Introduction: ..................................................................................................... 95
3.2 United States of America ................................................................................... 96
3.2.1 E-Court Record / E-filing. ............................................................................ 96
3.2.2 Phases of Electronic Court Record. (ECR) ..................................................... 98
3.2.3 Bridging digital divide. ................................................................................ 99
3.3 Information Technology Experience in Canada. ............................................... 100
3.3.1 Overview of spending: .............................................................................. 102
3.3.2 Reasons for failure. .................................................................................. 102
3.4 The Netherlands Experience; HBS project. ....................................................... 104
3.4.1 Comparison of the two. ............................................................................ 107
3.5 MCOL project; story of success. ...................................................................... 108
3.5.1 Money Claim Online ................................................................................. 109
3.6 ICT in Delhi District Courts; The Indian Experience. ........................................ 110
3.6.1 The concept of E-court in India. ................................................................ 116
3.6.2 Tele-justice ............................................................................................... 117
3.6.3 COURTIS Project and Information System. ................................................. 118
3.7 Information Technology Trends in Australia. ................................................... 123
3.7.1 E- Court Room .......................................................................................... 124
3.7.2 Management of Pre-Trial Proceedings. ...................................................... 125
3.7.3 E-filing. ..................................................................................................... 125
3.7.4 Real Time Transcript. ................................................................................ 126
3.7.5 Video-conferencing. .................................................................................. 127
3.7.6 Provision of public information. ................................................................ 128
3.7.7 Designing of It projects. ........................................................................... 129
3.7.8 Case management. ................................................................................... 130
3.7.9 Judicial support system. ........................................................................... 130
3.8 ICT in the Justice System of Singapore. ........................................................... 131
3.8.1 Developing e-litigation system. ................................................................. 133
3.8.2 E-trials and the arrival of technology courts. ............................................. 134
3.8.3 E-Document in Court-Room. ..................................................................... 135
3.8.4 E-filing system. ......................................................................................... 136
3.8.5 LawNet--- a valuable legal database. ......................................................... 137
3.8.6 Training ................................................................................................... 138
3.8.7 The Dawn of cyber court-era. .................................................................... 139
3.8.8 The final resort. ........................................................................................ 140
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3.9 ICT in Courts of Venezuela.............................................................................. 141
3.9.1 IT introduction. ........................................................................................ 142
3.9.2 What trends in IT? ..................................................................................... 142
3.9.3 Knowledge Management. .......................................................................... 143
3.10 Information Technology in Norway Justice System. .......................................... 143
3.10.1 The first phase of IT in Norway. ................................................................ 143
3.10.2 Information Technology Effects. ............................................................... 144
3.10.3 Lovdata. ................................................................................................... 145
3.10.4 The second IT phase in Norwegian Courts. ............................................... 145
3.11 IT in the Netherlands Justice System. .............................................................. 148
3.11.1 Sentencing support for judges. ................................................................. 149
3.11.2 IT Support for the prosecution. ................................................................. 150
3.11.3 In determination of damages. ................................................................... 150
3.11.4 Other uses of technology. ......................................................................... 150
3.11.5 Complete e-procedure .............................................................................. 151
3.11.6 Automation .............................................................................................. 152
3.12 ICT in Italian Courts. ....................................................................................... 152
3.12.1 Re.Ge. Case Management System. ............................................................ 153
3.12.2 Anti mafia Database. ................................................................................ 153
3.12.3 IT in civil law ............................................................................................ 154
3.12.4 Other IT applications ................................................................................ 154
3.13 Chapter Conclusion ........................................................................................ 156
4 Proposed model for district judiciary ........................................................................... 157
4.1 Introduction .................................................................................................... 157
4.2 Bottom-up Approach ....................................................................................... 158
4.3 The Ground Reality. ........................................................................................ 159
4.3.1 Muharrir; An isolated victim ...................................................................... 160
4.3.2 Process Serving Agency; too much to do. .................................................. 163
4.3.3 District Record Room; A place of total disaster ......................................... 170
4.3.4 The Office of Civil Nazir: Money Matters ................................................... 184
4.3.5 Copying Branch; To sign thousands page daily ......................................... 192
4.4 Policy/Rules in Vogue ..................................................................................... 194
4.4.1 Nazarat/ Accounts. ................................................................................... 195
4.4.2 Preservation of judicial record. ................................................................. 205
4.4.3 How the process is made? ........................................................................ 210
4.4.4 Copies of record. ...................................................................................... 212
4.5 Communication with the PHC .......................................................................... 213
4.6 A view of basic infrastructure across KPK Courts ............................................. 216
4.7 Cloud System--- Not required at present. ......................................................... 221
4.8 Local Server System --- Recommended Model .................................................. 226
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4.8.1 Essential Components of the LAN topology. .............................................. 231
4.8.2 Actual Application of LAN. ........................................................................ 237
4.8.3 Benefits of LAN Technology: ..................................................................... 237
4.8.4 Monitoring and System Security. ............................................................... 242
4.8.5 Scanning of Each page is must.................................................................. 245
4.8.6 Utilization and standardization ................................................................. 248
4.9 Cost-benefits analysis of ICT. .......................................................................... 249
4.9.1 Time saving .............................................................................................. 252
4.10 Conclusion...................................................................................................... 259
5 The way forward; future prospects, proposals and suggestions. ............... 261
5.1 Introduction. ................................................................................................... 261
5.2 Creation of IT environment ............................................................................. 261
5.3 Establishment of IT Committee; The Indian Model ........................................... 262
5.4 Software Development .................................................................................... 266
5.4.1 Customized Software. ............................................................................... 267
5.5 Services to be provided/ area to be targeted. .................................................. 269
5.5.1 Database creation. .................................................................................... 269
5.5.2 Auto generation of cause list. ................................................................... 270
5.5.3 Auto- generation of reports. ..................................................................... 271
5.5.4 Process Serving Automation. .................................................................... 272
5.5.5 Auto accounting program ......................................................................... 272
5.5.6 E-Library service. ...................................................................................... 273
5.5.7 Automation of summons, warrant etc. ...................................................... 273
5.5.8 Video conferencing (VC) ........................................................................... 273
5.5.9 Connectivity with Allied Departments. ...................................................... 276
5.5.10 Surety management system ...................................................................... 277
5.6 Staff training. .................................................................................................. 279
5.7 Business relationship with market. .................................................................. 279
5.8 Security Issues. ............................................................................................... 280
5.9 Bottom-Up approach. ...................................................................................... 282
5.10 Conclusion...................................................................................................... 283
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List of publications
Asad Ali, Syed Suhail Shazad, ‘Reforming court system through information and
communication technologies’ Journal of law and society(JOLS), issue 52, July 2008 pp
105, Legal Publication Center Law College University of Peshawar.
Asad Ali, Syed Suhail Shazad, ‘Theory and Practice of judicial appointments in
Pakistan’ JOLS, issue 53 Jan.2010 ibid
List of Tables
Table 1: Showing number of judges as compared to pendency of cases
Table 2: Showing projected population of KPK upto 2012.
Table 3: Showing projected population of KPK 2012.
Table 4: Shows salient features of KPK administration.
Table 5: Showing projected population of KPK upto 2012.
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Table 6: Showing projected population of KPK 2012.
Table 7: Showing strength of ministerial staff
Table 8: Proposed salary structure for judicial officer in 2002
Table 9: Showing Salary amount of Judges in 2013
Table 10: Showing Transport Facility
Table 11: Showing construction of Judicial Complexes and its Cost etc.
Table 12: Showing acquisition of land and its cost for Judicial Complexes etc.
Table 13: Showing continuation of courts infrastructure development
Table 14: Showing recruitment of Judicial Officers since 1998
Table 15: Showing time period for case decisions
Table 16: Showing the overall institutions and disposal in the high days of NJP in KPK
Table 17: Showing Mobile Density in Pakistan
Table 18: Showing Electricity/Internet situation at KPK District Level
Table 19: Showing Electric/Internet situation in tehsil courts of KPK
Table 20: A view of DSJ Badin e-cause list
Table 21: Status of Jail visits in KPK
List of Figures
Figure 1: Showing Rising Pendency of Civil & Criminal Cases in District Courts
Figure 2: Showing Rising Number of District Court Judges 2001-11
Figure 3: Showing Rising Pendency of cases as Per Judge in District Courts 2001-11
Figure 4: Showing KPK Population growth
Figure 5: Showing KPK Rural-Urban Population Growth
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Figure 6: Showing Rural Urban Population Ratio
Figure 7: Showing Rural Urban Population Ratio 1998
Figure 8: Showing Rural Urban Population Ratio 1981
Figure 9: Showing Rural Urban Population Ratio 1972
Figure 10: Showing Rural Urban Population Ratio 1961
Figure 11: Showing Rural Urban Population Ratio 1951
Figure 12: Showing statistics of Institutions during NJP period in KPK
Figure 13: Showing Case Disposal during NJP period in KPK
Figure 14: Showing Number of Subscribers of various operators upto October 2011
Figure 15: Showing of Subscribers’ percentage of various operators upto October 2011
Figure 16: Showing Addition in Subscribers upto October 2011
Figure 17: Showing Subscribers Trend upto October 2011
Figure 18: Showing Mobilink Subscribers Trend upto October 2011
Figure 19: Showing Ufone Subscribers Trend upto October 2011
Figure 20: Showing Warid Subscribers Trend upto October 2011
Figure 21: Showing Ratio of Summons Service in Abbottabad
Figure 22: Showing Percentage of summons
Figure 23: Showing Reason for Delay and Modes of Service
Figure 24: Showing Ratio of Summons Service in Nowshera
Figure 25: Showing Reason for Delay and Modes of Service in Nowshera
Figure 26: Showing Summons Percentage in District Nowshera
Figure 27: Showing Summons Percentage in D.I. Khan
Figure 28: Showing reason for delay and modes of service in D.I Khan
Figure 29: Showing Ratio of Summons Service in Dir Upper
Figure 30: Showing Summons Percentage in DIR Upper
Figure 31: Showing Reason for delay and modes of service in Dir Upper
Figure 32: Showing consignment data in Abbottabad
Figure 33: Showing Criminal Consignment in Abbottabad
Figure 34: Showing Year Wise Criminal Consignment in District Abbottabad
Figure 35: Showing Year Wise Civil Consignment in District Abbottabad
Figure 36: Showing Year Wise Application for Getting Copies in civil cases
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Figure 37: Showing File requisitioned
Figure 38: Showing Year wise Record Room data of District Nowshera
Figure 39: Showing Year wise Consignment in District Nowshera
Figure 40: Showing Number of cases consigned in district Nowshera
Figure 41: Showing Year wise requisition in district Nowshera
Figure 42: Showing Number of cases requisitioned in district Nowshera
Figure 43: Showing Year wise Record Room data of District D.I. Khan
Figure 44: Showing Number of cases consigned in district D.I. Khan
Figure 45: Showing Number of cases requisitioned in district D.I. Khan
Figure 46: Year wise Record Room data of District Dir Upper
Figure 47: Year wise Consignment in District Dir Upper
Figure 48: Year wise Consignment in district Dir Upper
Figure 49: Number of cases requisitioned in district Dir Upper
Figure 50: Number of cases requisitioned in district Dir Upper
Figure 51: Deposit application in sheriff petty account 2012 in D.I Khan
Figure 52: Monthly deposit in register R & D 2012 in DI Khan
Figure 53: Showing data of Account /Civil Nazir office in district Abbottabad
Figure 54: Monthly deposits in Register R & D 2012 in district Abbottabad
Figure 55: Showing year wise Sheriff Petty entries in March 2013 in district Abbottabad
Figure 56: Showing Year wise R & D Entries in district Abbottabad in March 2013.
Figure 57: Showing data of Account /Civil Nazir office in district Nowshera
Figure 58: Showing year wise Sheriff Petty entries in March 2013 in district Nowshera
Figure 59: Monthly deposits in Register R & D 2012 in district Nowshera
Figure 60: Showing Year wise R & D Entries in district Nowshera in March 2013.
Figure 61: Showing data of Account /Civil Nazir office in D.I Khan
Figure 62: Monthly deposits in Register R & D 2012 in district D.I. Khan
Figure 63: Showing year wise Sheriff Petty entries in March 2013 in district D.I. Khan
Figure 64: Showing data of Account /Civil Nazir office in district Dir Upper
Figure 65: Showing year wise Sheriff Petty entries in March 2013 in district Dir Upper
Figure 66: Monthly deposits in Register R & D 2012 in district Dir Upper
Figure 67: Showing Year wise R & D Entries in district Dir Upper in March 2013.
Figure 68: Functions of Copying Branch
Figure 69: Data of Copying Branch in year 2012 in district Abbottabad
Figure 70: Year wise data of Copying Branch in district Abbottabad
Figure 71: Year wise data of Copying Branch in district D.I. Khan
Figure 72: Data of Copying Branch in year 2012 in district Dir Upper
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Figure 73: Year wise data of Copying Branch in district Dir Upper
Figure 74: Ground response regarding power/internet facility
Figure 75: Showing basic facilities of electricity and internet etc in District Courts in K.P.K
List of Pictures
Picture 1: Showing committee procedure for e-FIR in KPK
Picture 2: Showing all the stake holder in HBS Project
Picture 3: Showing in the stake holder in Ontario Integrated Justice Project
Picture 4: Showing configuration process of the project
Picture 5: Record Room of a Singapore Court
Picture 6: E-Court in Singapore
Picture 7: E-Court in Singapore VC
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Picture 8: “Muharrir” busy in office work
Picture 9: Manual record keeping of Muharrir’s office
Picture 10: A view of Process Serving Agency Office
Picture 11: Staff busy in office work in record room
Picture 12: Showing record room of district Abbottabad on fire
Picture 13: Flood in Nowshehra in year July 2010
Picture 14: Demolished court infrastructure in Balakot, Earthquake 2005
Picture 15: Nazir in office work
Picture 16: Duties of Civil Nazir
Picture 17: View of Copying Branch Office in district Abbottabad March 2013
Picture 18: A view of an Index Paper
Picture 19: A view of computerized Record Room in district Mansehra
Picture 20: A view of database of Record Room in District Mansehra
Picture 21: A view of sign board installed outside of the Copying Branch in district
Abbottabad.
Picture 22: View of the official letter-head of PHC
Picture 23: DPEP Proforma
Picture 24: Proposed e-voting model
Picture 25: Judicial Complex Peshawar
Picture 26: Network Cables and Connectors
Picture 27: HUB
Picture 28: Showing Switches, Hub, Concentrators, and Routers
Picture 29: Showing Wifi Switch
Picture 30: A comparison of Hub and Switch System
Picture 31: A view suicide blast at District Courts Peshawar in March 2013
Picture 32: Copying Branch receiving application for duplicate copy
Picture 33: V.C facility in the Indian Court
Picture 34: Hi-Jacked website of PHC
Picture 35: Hi-Jacked website of PEPCO
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Chapter 01
1 Problem Overview
The provision of justice has always been a hall mark for a civilized society and is one of the prime
objectives of state functions. Historically, emperors used to take pride for administering speedy,
1.1 Introduction.
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transparent and inexpensive justice to its citizens.1 That is why it is wisely said that the more
efficient is the justice system of a county the more will it be strong and prosperous.2 The same
remains so even today. Justice administration and improvement of legal systems occupies the
priority list of almost every nation. New and innovative means are being searched and used for the
purpose like improving working conditions, efficiency enhancement, making structural reforms,
offerings through incentive and reward policies etc.
Human civilization saw the zenith of progress when scientific discoveries occurred throughout the
20th century and onward. The century was started with infancy of airplanes, automobiles and radio.
The end of it saw spaceships, computers, cell phones and wireless internet. Majority of
technological discoveries of the current century pertains to information and communication
technologies (hereinafter called ICT).3 Thus it can be assumed that ICT is the prime tool for human
progress in the modern times and in the near future.
This new phenomenon has completely changed the life style of human beings at every level.
Human movements and transactions are going to be digitized. Both state and society use ICT for
their own purposes and benefits. Educational institutions, banking sector, traveling organisations,
health related outfits, entertainment providers, public governance organisatioins, international
communications etc all has gone digitized at variable level and pace. Mobile telephone, fax
machine, internet, e-mail, and more recently the ‘Skype’ technology has modified the traditional
ways of conducting businesses and entering into transactions. The internet technologies have re-
defined the terms of distance, time and space.
In today’s global village, justice sector is not an exception to this information revolution. Video
conferencing, e-court technologies, and various types of e-gadgets are being used for disposal of
1 The old civilization of Mesopotamia, Greece and Roman Empire are noteworthy for developing
legal and judicial system at their specific times.
2 The famous contemporary Muslim preacher Maulana Tariq Jamil declared that justice system is
the backbone of a nation instead that of economy. A society with strong system of justice goes
high and becomes strong and prosperous; and vice versa with weak justice system. The scholar
visited district courts Abbottabad in June 2013 to highlight justice importance in modern times.
3 The list includes i-phone, i-pad, Driverless car, Fillip mino, Nintendo wii, Google Andriod, You
tube, Facebook etc.
21
court cases around the globe. Such practices have been in vogue in jurisdictions around the world
for quite some time. New experiences are being made to use ICT in various forms in order to bring
ease, transparency, access and control in judicial administration. Like in U.S the state of Maine
‘Judicial Branch Information Technology Governance Committee’ is working technology
implementation in the court system.4 Judicial committee on information technology/ JCIT has be
setup in the state of Texas for the purpose.5 The national center for states courts is a full time body
that apart from other things, also supervises technology provision to court across USA.6 The
council of Europe has published a complete portal on e-justice.7 The Australian Institute on Judicial
Administration is responsible for court support through ICT.8 In Asia, The National Computer
Board does the same in Singapore.9 In Latin America, Supreme Tribunal of Justice has the similar
role in Veneuela.10 The national court administration in Norway, Authority for information
Technology in Public Administration/ AIPA in Italy,11 the General Council of Judiciary in
Spain,12 the High Judicial and Prosecutorial Council in Bosnia,13 the individual state tribunals in
Brazil, Phenix project in Belgium,14 Web publication of courts on net has been done in the Russain
Federation.15 In Scotland the Integration of Scottish Criminal Justice Information System/ ISJIS
4 See website of state of Main judicial branch at
http://www.courts.state.me.us/maine_courts/committees/tech_comm.html (last visited on 29-8-
2011)
5 See http://www.courts.state.tx.us/jcit/ (last visited on 29-8-2011)
6 See http://www.ncsc.org/ (last visited on 1-9-2011)
7 See http://europa.eu › ... › Judicial cooperation in civil matters (last visited on 2-9-2011)
8 See www.aija.org.au (last visited on 2-9-2011)
9 See http://app.subcourts.gov.sg/Data/Files/File/eJustice/Archives/ctc6_sdj.pdf (last visited on
5-9-2011)
10 Oskamp Anja, IT support of the judiciary.
11 Fabri Marco, The Italian style of e-justice in a comparative perspective, IGI Global 2009
12 Poblet Marta, Judges as IT users, the luriservice example, ibid
13 Macmillan James, The potential of computerized court case management to battle judicial
corruption, ibid
14 See
http://www.linklaters.com/Publications/Publication1403Newsletter/PublicationIssue20061031/Pa
ges/PublicationIssueItem1786.aspx (last visited on 5-9-2011)
15 Trochev Alexei, cours on the web in Russia, ibid
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program is working on information sharing across the state agencies for crime prevention.16 The
ministry of justice is doing the same in England and Wales.17
All these examples show that information communication technologies are being utilized across the
globe for supporting judiciaries.
Pakistan, being administered as a federal state, has two tiers of governance i.e. federal and
provincial. Under the constitutional scheme provinces are mandated to administer and maintain
justice. The constitution of 1973 envisions trichotomy of powers at the federation and all the
provinces.18 Thus every province has its own legislature, government, and judiciary. Judiciary in a
province is headed by a High Court. There are subordinate courts at district and tehsil level as the
court of first instance for civil and criminal litigation.
The province of Khyber Pakhtunkhwa hereinafter called KPK, has been chosen as research area in
the context of use of information and communication technologies hereinafter called ICT in the
justice sector. The reasons for such focus on the area are the challenges which the region has faced
in its recent history namely, terrorism, world largest refugees influx, world largest internally
displaced persons/ IDP population, and natural calamities ranging from the deadly earthquake of
October 2005 to devastating floods of 2010, which in many districts washed away all the
administrative superstructure and record. These factors shook the otherwise weak foundations of
the provincial authorities and created gigantic challenges of justice and good governance in the
province.
On the Social side, the province is much receptive in absorbing new technologies for the betterment
of life standard. It will be relevant to state that alleviation of masses miseries through information
technology has been a popular political slogan in the recent General Election 2013 in order to bring
16 See http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/iscjis (last visited on
9-9-2011)
17 See http://www.justice.gov.uk/ (last visited on 15-9-2011)
18 Article 1, Part 1, of the Constitution of Islamic Republic of Pakistan 1973.
23
‘CHANGE’ in the state mechanism.19 State departments, multinational organizations, banking
sector, higher educational institutes, entertainment, news channels, and mobile telephone companies
--- all depend on ICT for provision of services and imparting and receiving information.
Thus an information age has already begun wherein everyone is playing role for creating,
dissemination, and receiving of information on daily basis.20 Moreover, the justification for
vibrant ICT role in courts is also evident form the fact that society is going to be dependent more
and more on ICT tools in daily life.
The main aim of court work is to adjudicate upon the disputes of litigant public by enforcing the
violated rights; maintain law and order in the society by punishing the offenders and by consoling
the conscious of aggrieved ones. The same is done on the basis of presentation of oral and
documentary proofs in the court by the parties and prosecution.
The actual judicial working in KPK, like rest of the country, is based on the recording of evidence
from the mouth of witnesses, in case if the evidence is oral; presentation of documents if it pertains
to documentary ones. There is no exception to this general rule. Every witness has to attend the
court in person. Commission can be appointed for a distant one, however, the same is rare, time
consuming, less credible and costly. Statements recorded here become part and parcel of the court
file. The same is relied upon till the apex courts. Documentary evidence is presented in form of
excerpts from the original one. This shows as how much important is the trial court at district level.
19 Pakistan Tehrik-i-Insaf / PTI emerged one of the prominent political force in the province by
securing enough electoral majority to form provincial government. Its election slogan and
manifesto appealed for popular vote with a promise to introduce ICT in police and revenue
department in order to get rid of the alleged corrupt system. see
http://www.insaf.pk/docs/PTImanifesto.pdf
20 Due to internal political changes in the last years, Pakistan ICT growth rate has gone down. The
World Economic Forum recent report on Global Information Technology Report 2013 under the
title of ‘Growth and Jobs in Hyperconnected World’, places Pakistan at number 105 out of 144
countries of the world. According to the report Pakistan is lagging because it is unable to achieve a
sustained growth in international ICT environment, skills and innovation. See
http://www3.weforum.org/docs/WEF_GITR_Report_2013.pdf (last visited on 20-9-2011)
1.2 Courts and ICT.
[Title]
24
Here, in a situation when the outside private world is heavily dependent on ICT in the terms of
creation, dissemination, storage and communication of evidences, on the other hand court system at
district level presents a totally different picture. Its structure is squarely built on paper based system.
One is amazed to see that parties and counsels communicating via mobile phones, getting
instructions, sending documents via email attachments and fax machines. But when they appear
before courts such facilities becomes alien in the prevailing court process. Here the genuine
question arises as why ICT is not utilized for modernizing justice services so that its justification as
a final arbiter of public disputes remains intact in the public eye. So that it deliver its services in
time by eradicating much condemned unnecessary delay in disposal of cases. Consequently public
may not complaining regarding access to court record, in justice administration. And finally there is
less room for corrupt practices in the court system. The proposed technology plan is also necessary
in order to avoid repercussions of human misadventures and/or natural calamities in the long run.
Moreover, with the passage of time management of judicial record is a growing issue that requires
more special building to be erected. That means more expenses, more maintenance and monitoring
issues. ICT provides solution to all such problems with less pain for financiers and managers.
All these points to the fact that ICT is unavoidable in district courts thanks to exorbitant civil and
criminal pendency over the time. The same is evident from the following tables, diagrams and
statistics collected from multiple sources. Main aim is to see as how the figures sky rocketed in
recent times despite the endeavors to alleviate district courts apathy through means like Access to
Justice Program, National Judicial Policy etc. This increasing phenomenon compels the policy
makers to search for new and innovative means in order to manage judicial work in a trust inspiring
and respectable manner.
1.3 Case backlog
25
Ever since the separation of judiciary form executive since mid 90’s21 coupled with population
boom, case pendency is on the rise in the province. In order to tackle the same, new number of
judges recruited. The table below reveals as how the pendency in the district courts of KPK is on
rise despite the fact that number of judges has been multiplied.
Table 1: Showing number of judges as compared to pendency of cases.
Sr.
no.
Year Total
pendency
in district
courts of
KPK
Number of
judges
working
Case burden per
judge
Increase/
decrease
%
1. 1987 --- 99 ---
2. 2001 386,328 201 1923 21%
4. 2003 518,197 254 2040 7%
5. 2004 556,929 308 1809 7%
6. 2005 506,444 285 1777 -10%
7. 2006 232,323 327 0711 -118%
8. 2007 519,435 299 1738 55%
9. 2008 550,483 --- --- 6%
10. 2009 554,016 232 2388 1%
11. 2010 483,641 --- --- -15%
12. 2011 650,524 365 1783 26%
Source: Judicial Statistics of Pakistan Annual Reports of Law & Justice Commission of Pakistan. The data Column 1
was not available in details.
In 1987, the total number of judicial officers in KPK courts where 99. After 25 years the number
rose three times higher. A steady increase occurred after 2003, when regular recruitment started till
21 Sharaf Faridi’s and Others Vs Federation Islamic Republic of Pakistan PLD 1989 Karachi 404.
[Title]
26
2010. In Malakand region, it was proposed to fix number of cases per judge as 200 only. The ratio
of pending cases also remained steady during the period 2001 to 2011. In 2002 21% increase took
place. After ten years it was 26% as compared to the previous year. A sharp decline occurred in
2006 and in 2010 only. The same was also due to the push from the high ups to decide old cases in
a specific period of time. Burden per judge was nearly 2000 in 2001 and a slight change even after
ten years. Although there are no set standards at international and national level as how much
pendency should be there before a judge, the same should be to a reasonable limit i.e. a number that
can be managed properly by according judicious allocation of time and human resources to each
one. At the same time, the current ratio of pending cases is not proportionate to the available
resources at hand. The statistics show that despite increase in the number of the judicial officers, the
case decision percentage remains the same. The future is more painful as the population increase
will result in more litigation and more burden on courts ultimately. The increase in awareness
through education and media are also main causes and the rise of litigation. According to a safe
estimate in 2053 KPK population will be in the tune of 61.12 millions which is an alarm bell for the
all the stakeholders.22
Figure 1: Showing Rising Pendency of Civil & Criminal Cases in District Courts
22 See research document at higher education commission website at
http://prr.hec.gov.pk/Chapters/681S-5.pdf (last visited on 25-9-2011)
27
Source: Judicial Statistics of Pakistan Annual Reports of Law & Justice Commission of
Pakistan.
Figure 2: Table Showing Rising Number of District Court Judges 2001-11
Source: Judicial Statistics of Pakistan Annual Reports of Law & Justice Commission of
Pakistan.
Figure 3: Showing Rising Pendency of cases as Per Judge in District Courts 2001-11
0
50
100
150
200
250
300
350
400
2001 2002 2003 2004 2005 2006 2007 2009 2011
No. of Judges
[Title]
28
Source: Judicial Statistics of Pakistan Annual Reports of Law & Justice Commission of
Pakistan.
Traditionally the district courts were deemed to adjudicate upon civil and criminal matter brought
before it in an adversarial manner, having no concern with the outside world. However, population
explosion throughout the 20th century and afterwards, scientific and technological advancement,
social and global competition for getting better life standard seriously challenged the contemporary
ethical, social, religious and cultural norms. All these provoked a feeling of more judicial oversight
and scrutiny in order to maintain a just balance in society for the protection of vulnerable class i.e.
juveniles, women, aged and poor etc. Numerously policy and legislative measure promulgated that
enhance the responsibility of district courts. Various laws were promulgated that multiplied the
responsibility of district courts for its application. The table shows the increased judicial role district
courts:
Table 3: Showing increase judicial role of district courts
0
500
1000
1500
2000
2500
3000
2001 2002 2003 2004 2005 2006 2007 2009 2011
Burden per judge
1.4 Expansion of Judicial Role
29
Establishement Year Purpose
Small claims and minor
offences courts
2004 Speedy disposal
Consumer Courts 2010 Consumer protection
Consumer Courts 2012 To establish separate courts in
each district.
Human Rights Directorate 2012 To take notice of human rights
voilation
Judicial Academy 2012 To impart judicial education
Mobile Courts(proposed 2012 To provide justice service at
door step in minor cases.
FM radio station 2013 To raise rights aware in
masses
Ghost Schools 2013 Sessions judges to search for
ghost schools
Civic Cleanliness 2013 Sessions judges to supervise
cleaning arrangement in towns
Green Benches at apex level 2012 To deal with environmental
cases
E-citizen grievances Center 2013 To take notice of rights
violation of vulnerable ones.
Source: Data collected by the author himself
Partly influenced by the judicial activism, society is now looking towards courts to come for its
salvation in each and every sphere of life. This means more work and more resources. Ordinary
working patterns are by no means sufficient for it.
The geographic location of KPK is diverse. Region of Malakand Division, Chitral, Hazara
Divisions are mountainous, where the population is scattered in hilly areas. The southern region is
mainly like desert with comparatively low population density. The central districts of Peshawar
valley accommodates the major population.
Table 4: Shows salient features of KPK administration.
1.5 The issue of access to least accessible areas.
[Title]
30
Districts 25
Tehsils 64
Sub Tehsils (P) 22
Villages/Mouzas (1998 Census) 7337
District Administrations 25
Tehsil/Town Municipal Administrations 55
Union Councils 987
Police Stations 251
Provincial Constituencies 99
Source: Official website of KPK Government
Majority of the population is living in rural areas. In 1901 rural-urban population ratio was 13:87;
the same was recorded as 17:83 in the census of 1998.23 The projected ratio in 2012 was also the
same. It means that despite tremendous urbanization throughout the century, majority of the KPK
population is still living in villages.24 The rural-urban pop comparison and analysis is relevant in
the sense that court buildings are situated in main towns and then at sub-towns i.e. tehsils at the
maximum. The access is based on physical approach only. There is no mechanism that far off
citizen can access court through any other means. Lack of procedure awareness, scarce means of
transport, excessive costs and time consumption for legal services --- all discourage the down
trodden masses to get access to court for protection of their rights. Thus justice services are not in
easy approach of the majority population.
Table 5: Showing projected population of KPK upto 2012.
23 Tariq Rahim, Urbanization in NWFP, Sarhad Journal of Agriculture, Vol.23, No. 1, 2007 see
http://www.aup.edu.pk/sj_pdf/Urbanization%20in%20north%20west%20frontier%20province.pdf
24 The latest data was received from Census Commissioner Peshawar, Mr. Bashir Janjua via email
in June 2013
31
Source: Census Commissioner Peshawar
The data shows a sharp increase in the overall population of KPK in the last 14 years.
Table 6: Showing projected population of KPK 2012.
Projected Population of Khyber Pakhtunkhwa District upto 2012
S.No Admn Units Population 1998 Annual Growth Rate Projection upto 2012 Remarks
1 Bannu District 675667 2.81 1023913.1
2 Lakki Marwat District 490025 3.16 781426.7
3 D.I.Khan District 852995 3.26 1380156.4
4 Tank District 238216 3.13 378221.5
5 Abbottabad District 880666 1.82 1154270.6
6 Battagram District 307278 0 307278.0 Actual AGR was -0.58
7 Haripur District 692228 2.19 958021.3
8 Kohistan District 472570 0.19 486218.9
9 Mansehra District 978157 2.4 1396072.3
Excluded FR Kala Dhaka
Population
10 Hangu District 314529 3.25 508173.0
11 Karak District 430796 3.26 697033.2
12 Kohat District 562644 3.25 909043.4
13 Buner District 506048 3.86 893133.7
14 Chitral District 318689 2.52 462909.4
15 Lower Dir District 717649 3.42 1188447.7
16 Malakand District 452291 3.36 742515.4
17 Shangla District 434563 3.27 704150.4
18 Swat District 1257602 3.37 2067573.5
19 Upper Dir District 575858 2.76 866317.0
20 Mardan District 1460100 3.01 2278103.3
21 Swabi District 1026804 2.96 1590433.7
22 Peshawar District 2019118 3.56 3412261.7
23 Charsadda District 1022364 2.88 1565200.2
24 Nowshera District 874373 2.9 1342540.4
25 Torghar District 174682 2.4 249314.5
In 1998 Torghar was part of
Mansehra District
Grand Total 17735912 27342729.0
[Title]
32
Source: Census Commissioner Peshawar.
Projected Population of Khyber Pakhtunkhwa Urban Area upto 2012
S.No Admn Units Name of DistrictPopulation 1998Annual Growth RateProjection upto 2012 Remarks
1 Peshawar MC Peshawar 910807 3.51 1528132.4
2 Mardan MC Mardan 238629 3.11 377776.6
3 Mingora MC Swat 173868 4.08 316759.0
4 Kohat MC Kohat 95863 3.23 154432.9
5 Charsadda MC Charsadda 87218 1.98 117039.2
6 D.I.Khan MC D.I.khan 86969 1.79 113485.7
7 Swabi MC Swabi 80157 3.27 129883.5
8 Peshawar Cantt Peshawar 68740 0.87 78278.0
9 Abbottabad Cantt Abbottabad 58492 3.28 94916.1
10 Nowshera Kalan MC Nowshera 56576 2.23 78760.4
11 Shabqadar MC Charsadda 55439 3.5 92879.7
12 Mansehra MC Mansehra 49534 3.44 82268.0
13 Takht Bhai MC Mardan 49202 5.98 117582.2
14 Haripur MC Haripur 48309 2.62 71204.6
15 Abbottabad MC Abbottabad 47609 2.33 67256.4
16 Timargara MC Lower Dir 44335 3.42 73420.1 MC did not exist in 1981
17 Batkhela MC Malakand 43179 3.36 70885.9 MC did not exist in 1981
18 Bannu MC Bannu 38194 0.49 41099.6
19 Tank MC Tank 35741 2.12 48958.6
20 Khalabat MC Haripur 34426 2.17 47504.8
21 Nowshera Cantt Nowshera 33237 0 33237.0 Actual AGR was -0.47
22 Risalpur Cantt Nowshera 31416 2.57 45968.1
23 Pabbi MC Nowshera 31153 5.12 65884.0
24 Jehangira MC Nowshera 31115 3.24 50198.4
25 Hangu MC Hangu 31022 4.15 57089.9
26 Kohat Cantt Kohat 30764 2.05 41709.8
33
Source: Census Commissioner Peshawar.
Figure 4: Showing KPK Population growth
Source: KPK Bureau of Statistics & Census Commissioner Peshawar. (In 000s)
27 Chitral MC Chitral 30622 2.52 44479.8 MC did not exist in 1981
28 Lakki Marwat MC Lakki Marwat 30467 2.89 46711.9
29 Topi MC Swabi 30458 2.96 47176.9 MC did not exist in 1981
30 Karak MC Karak 27893 4.28 52301.1
31 Tordher TC Swabi 27861 2.96 43154.4 TC did not exist in 1981
32 Tall MC Hangu 25355 1.74 32842.8
33 Tangi MC Charsadda 25346 1.56 31970.5
34 Utmanzai MC Charsadda 24848 1.61 31574.6
35 Dir TC Upper Dir 22901 2.76 34452.1 TC did not exist in 1981
36 Zaida MC Swabi 22656 2.96 35092.3 MC did not exist in 1981
37 Amangarh Industrial AreaNowshera 21476 5.07 45095.6
38 Nawan Shehr TC Abbottabad 19871 1.87 26237.0
39 Havellian Cantt Abbottabad 19609 1.82 25701.1 Havellian Cantt did not exist in 1981
40 Akora Khattak MC Nowshera 19530 2.07 26556.7
41 Kulachi TC D.I.khan 19113 1.52 23966.4
42 Nawan Killi TC Swabi 18082 2.46 26035.2
43 Serai Nourang TC Lakki Marwat 16411 3.16 26170.1 TC did not exist in 1981
44 Lachi TC Kohat 15684 2.55 22881.9
45 Pahar Pur TC D.I.khan 14580 3.11 23081.8
46 Havellian MC Abbottabad 12016 0 12016.0 Actual AGR was -1.78
47 Baffa TC Mansehra 11842 1.25 14267.6
48 Shakardara TC Kohat 9602 3.25 15513.6 TC did not exist in 1981
49 Bannu Cantt Bannu 9482 0.97 10959.4
50 Doaba TC Hangu 7840 3.25 12666.8 TC did not exist in 1981
51 Mardan Cantt Mardan 7297 1.02 8496.8
52 D.I.Khan Cantt D.I.khan 5145 1.82 6743.4
53 Peshawar University TCPeshawar 3269 3.56 5524.5 TC did not exist in 1981
54 Cherat Cantt Nowshera 2527 4.28 4738.3
55 Murree Gallies Cantt Abbottabad 307 3.87 542.6
2994084 4733561.9
Bold & underlined annual growth rate of 1998 census was taken of their concerned district.
0
5000
10000
15000
20000
25000
30000
1951 1961 1972 1981 1998 2012
KPK Population Growth
[Title]
34
The table reveals that a population that was round 05 million rose six times higher in the last 60
years. The allied public facilities have not gone so proportionately over the time, resulting in the
present mismanagement and chaos.
Figure 5: KPK Rural-Urban Population Growth
Source: KPK Bureau of Statistics & Census Commissioner Peshawar. (In 000s)
Figure 6: Showing Rural Urban Population Ratio
Source: KPK Bureau of Statistics & Census Commissioner Peshawar.
0
5000
10000
15000
20000
25000
1951 1961 1972 1981 1998 2012
KPK Rural-Urban Pop Growth Ratio
Rural Pop
Urban Pop
83%
17%
KPK Rural-Urban Pop 2012
Rural
Urban
35
Figure 7: Showing Rural Urban Population Ratio 1998
Source: KPK Bureau of Statistics & Census Commissioner Peshawar.
Figure 8: Showing Rural Urban Population Ratio 1981
Source: KPK Bureau of Statistics & Census Commissioner Peshawar.
Figure 9: Showing Rural Urban Population Ratio 1972
Source: KPK Bureau of Statistics & Census Commissioner Peshawar
83%
17%
1998
Rural
Urban
85%
15%
1981
Rural
Urban
86% 14%14%
1972
Rural
Urban
[Title]
36
Figure 10: Showing Rural Urban Population Ratio 1961
Figure 11: Showing Rural Urban Population Ratio 1951
Source: KPK Bureau of Statistics & Census Commissioner Peshawar
The data comparison indicates that growth of rural population remained steady all over the six
decades despite enormous urbanization in the last few decades.25 As earlier stated the courts
infrastructure are limited to district headquarter or ‘Tehsil’ regions only. There is no concept of
‘village courts’ in the province to hear the aggrieved ones at their door steps and to obviate the
25 See above at number 23.
Rural 87%
Urban13%
Other13%
1961
89%
11%
1951
Rural Urban
37
unnecessary travel to district headquarter for dispute resolution.26 Currently, a new project called
‘mobile courts’ has been floated by the PHC wherein the judicial officers will travel to hold courts
in far flung areas in order to adjudicate minor offences and petty nature cases.27 Although
legislative cover is still needed in order to be functional, main push behind the idea is the same i.e.
‘justice at the doorsteps’.28
The 24 district courts and 31 tehsil courts serves only a limited portion of the whole populace i.e.
17% at the maximum. What about the rest citizenry consisting of 83%? Surely they are least
accessible for the courts. Legally and formally speaking, they are covered by the law of the land,
with equal protection of law afforded to them. Defacto, situation is different and not quite
encouraging for the aggrieved ones. The project of mobile courts and village courts got their own
limitation in terms of appeal procedure, record keeping, expenses, timings, security cover etc.
Village court if established in each unit, will outnumber to thousands making it unfeasible to be
maintained. Serving a populace of more than 20 million is not possible in the present volatile
situation of the province where the state is unable to provide security and finance to sustain it in the
long run. ICT provides an exception here. In a situation when multi-dimensional factors keeps the
poor masses away to avail justice facilities and the courts can not reach at its own; ICT comes to
26 As per daily The Times of India dated 14/03/2013, first village court was inaugurated by the
chief justice of India in District Gujrat, district Sirohi at village Pindwara. The underlying purpose
was to give access to rural populace towards justice services.
27 The Mobile courts project was formally launched by CJ of PHC on 26 July 2013 by singing
notification. The same was hailed across the print, and social media by calling it as an epoch
making step in dispensing of justice in far flung and inaccessible areas of the province. See daily
Dawn editorial dated 29/07/2013. It is interesting to note that the project is being sponsored by
UNDP and it will be seen as whether the same is financially sponsored by the government in the
long run.
28 See http://kpja.edu.pk/content/first-mobile-courts-adr-training-judges-and-lawyers-district-
peshawar-22-27-july-2013 (last visited on 1-8-2013)
[Title]
38
rescue then. How the magic can be performed? An example is herein quoted. Keeping in view the
ubiquitous nature of this technology, the KPK police launched a project of online FIR in order to
give an opportunity to the citizens to register their complaints without going to the premises of
police station.29 How this will be managed, the diagram shows further details.30
Picture 1: Showing committee procedure for e-FIR in KPK
29 See http://kppolice.gov.pk/css/firadd.php This was hailed as a positive step in order to
alleviate the worsening condition of law and order situation and public complaints against the
police department in the province (last visited on 6-8-2013)
30 See http://kppolice.gov.pk/css/confirm.php (last visited on 6-8-2013)
39
The history of KPK district judiciary will be incomplete without due reference to foreign funded
loan package. The Asian Development Bank/ADB offered loan facility to government of Pakistan
for uplifting the justice related institutions in order to protect the vulnerable class of society with
further aim to attract for foreign investment in the country. A reasonable portion of it was absorbed
in the district judiciary of KPK for improving capacity building, infrastructure development,
stakeholders care, etc. The US $ 350 million loan agreement was singed in December 2001 in
1.6 Judicial Reforms/ expansion under AJP.
[Title]
40
Manila. The KPK judiciary share was 17.44% of the total31. The share of Peshawar High Court
(hereinafter called PHC) was 71% which comes to total $ US 36.624/- equal to 1,560,182,400.00
PKR at the specific time. The main aim of the project was to assist the government to improve
access to justice by (i) providing equal legal protection to citizens especially the poor; (ii) Securing
rights particularly that of the poor; (iii) Strengthening legitimacy of state institutions; (iv). Pro poor
growth by supporting by inter-related governance objectives like
i) Legal basis for judicial policy and administrative reforms;
ii) Improving the efficiency, timeliness and effectiveness in judicial and police services;
iii) Providing greater protection to poor in justice services;
iv) Ensuring greater transparency and accountability in the performance of judiciary, police
and administrative justice institutions.
v) Improving predictability and consistency between fiscal and human resource allocation
and the mandate of reformed judicial and police institutions at federal, provincial and
local government levels.32
1.6.1 The launch of Time Bound Delay Reduction Policy (TBDR)
Upon embarking the project, the KPK judiciary vigorously pursued the agenda of judicial reforms
in the year 2002. The process targeted more than one area in side the KPK district judiciary since
then. In order to clear backlog of old cases a mechanism called time bound delay reduction/ TBDR
was coined that emphasized on the district court to decide a specific number of oldest cases on
monthly basis.
31 In the total loan amount 60% was allocated to provinces, KPK got 17.44% shares in which the Peshawar High Court
hereinafter called ‘the apex court’ got 71% shares of the total KPK fund. 32 see www.adb.org/Docuemnt/Profile/Loan/32023012.ASP (last visited on 2-2-2012)
41
1.6.2 Establishment of Member Inspection Team (MIT) Office
Inside the apex court the office of member inspection team/ MIT was activated in order to improve
the oversight over the district judiciary in terms of complaint handling, disposal and inspection
matters. Additional member were also appointed for effective work.
1.6.3 Incentive and Reward Policy
In order to appreciate the judicial management skills of the judicial officer, incentive and reward
policy was started that awarded cash prizes and certificates for those who showed prominence in
qualitative, quantitative standards disposal and case/court management. The same was carried out
for a couple of times and then discontinued till recently when the inspection was once again
conducted with pending results.
1.6.4 Establishment of Information Kiosk
In order to provide court related updates, information kiosk were established in every district courts.
The same can be visited by the litigants to get court, case and police stations related information.33
1.6.5 Establishment of Stake Holders Committees
In order to take input form justice stakeholders and make consultation with public bodies, various
committees were setup at district level at the chairmanship of district judge. The same includes
district bench bar liaison committee, criminal justice coordination committee, citizen court liaison
committee and district judicial officers committee. These committees meet once a month and
discuss matter of mutual interest. Minutes are prepared and shared with the stakeholders and apex
court. Minor and routine decisions are taken therein whereas major ones are passed to the upper
hierarchy.34
33 See PHC newsletter, volume 1 issue 4, 2004
34 See PHC Bi-annual report 2004-5 pp 35-46
[Title]
42
1.6.6 Holding Conferences/Seminars
A major portion of the AJP was directed at capacity building though holding seminars, workshops,
conferences, foreign tours. The same occurred at federal, provincial and district level. The same
were frequent at the initial stage and later on and prior to establishment of provincial judicial
academy in the year 2011; sharp decline was witnessed in holding such like gatherings.
1.6.7 New recruitments.
In order to clear backlog of the pending cases and to further expedite the disposal of cases, AJP
focused on enhancing the human resources in the district judiciary. New number of ministerial staff
was inducted in the year 2003. Similarly the strength of process serving agency was also enhanced
by taking more personnel. The following table shows as the chronological induction of judicial
officers;
Table 7: Showing strength of ministerial staff
Year Ministerial staff in district court KPK
2000-2001 1950
2002-2005 Data not available
2006 3317
2007-2011 Data not available
2012-2013 4325
Source: PHC Annual Reports
1.6.8 The Enhancement Salary
The salary structure of the district judicial officers was also improved with the passage of time. In
the year 2002 the proposed salary was
Table 8: Proposed salary structure for judicial officer in 2002
Designation BPS Proposed Salary
CJ 17 Rs. 27,088
43
SCJ 18 Rs. 33,866
ADJ 19 Rs. 44,693
DJ 20 Rs. 48,797
Source: PHC Annual Report
Major event took place in the year 2004, 2007, 2008,2010 and then in 2013 when judicial allowance
was allowed by the provincial government along with one step upgradation in the year 2007. Now
the situation is different in 2013.
Table 9: Showing Salary amount of Judges in 2013
Designation BPS Proposed Salary
CJ 18 Rs. 1,00,000
SCJ 19 Rs. 1,35,000
ADJ 20 Rs. 1,65,000
DJ 21 Rs. 2,00,000
Source: PHC Annual Report
While responding to the long awaited demand of provision of transport facilities to judicial officers
the apex court approved various kinds of motor cars to be delivered to district judiciary.35
Table 10: Showing Transport Facility
Designation Vehicle Delivered
CJ/JM 1000cc motor car Proposed to be delivered in Nov.2013
35 The first tranche comprising of 50 cars was delivered in May 2013 to ADJs.
[Title]
44
SCJ --do-- --do--
ADJ 1300cc motor car Delivered to 50%
DJ 1600cc motor car Since 2011
Source: Project of Provincial Government KPK and PHC
The salary of ministerial staff was also enhanced with the passage of time.
1.6.9 Infrastructure Development
In the field of infrastructure development, attention was focused on land acquisition and
construction of new judicial complexes and residential houses for judicial officers. The following
tabulation show further details in this regard;
Table 11: Showing construction of Judicial Complexes and its Cost etc.
District Year Nature of
construction
Costs in million
PKR
Peshawar 2004 54 Residential plots 25 for land only
Peshawar 2010 Judicial complex
Abbottabad Court room, public 7.861
45
facility building
Mansehra Ditto-- litigant shed 8.545
Haripur Ditto—lockup 13.082
Nowshera --do-- 6.098
Mardan --do-- 9.26
Kohat --do-- 17.386
Swat --do-- 10.479
Karak --do-- 17.386
Dir lower --do-- 7.861
Dir upper --do-- 1.3
Buner --do-- 3.406
DI khan --do-- 9.479
Malakand --do-- 7.861
Total 14 dst 51court rms 150.57436
Source: PHC Annual Reports 2004-2005
Where there was no land available, it was purchased through AJP fund. A total of 60 million PKR
were spent from the fund in order to construct courts rooms, allied facilities and residential houses.
Table 12: Showing acquisition of land and its cost for Judicial Complexes etc.
Station Land approved Land acquired Costs
Peshawar 201.25 kanals 31.10 kanals 25.200 Million PKR
Mardan 173.88 20 1.142
Shabqadar 24.955 8 0.920
Tangi 37.835 State land
Swat 169.05 State land
36 See PHC bi-annual report 2004-5
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46
Batkhela 28.175 8 4
Oghi 7.245 Same 1.085
Dir L 29.785 10 3
Dir U 16.1 4 0.721
Dargai 24.15 4 0.956
Balakot 4.83 Same 0.843
Tank 59.57 8 0.026
Karak 19.32 10 0.042
BD Shah 8.05 4 0.074
T Nusrati 12.075 12 0.134
Allai 4.025 Same 0.265
Matta 40.25 4 2.900
Alpuri 34.615 10 0.097
Chitral 12.075 7 2.912
Boni 7.52675 4 0.928
Battagram 9.66 Same 1.584
Buner 40.25 8 1.125
Abbottabad 53.935 15 5
Mansehra 74.06 15 7
211.06 59.955
Source: PHC Annual Reports 2004-2005
The process of infrastructure development started a decade ago is still underway.
Table 13: Showing continuation of courts infrastructure development
Station Work Year Cost in
million
in PKR
Status
Peshawar Car Park, Library,
Two residences
2012 completed
Charsadda Judicial Complex 2012-13 657.69 Proposed in
ADP
Haripur ---do--- --do-- 547.519 --do--
Mansehra ---do--- --do-- 972.98 Work stopped to
change site
Bannu Bar Room, Masjid,
Hostel, Record
Room
--do-- ----- Under
construction
Abbottabad Acquisition of State
Land for judicial
complex
------ ----- ----
Kohat ---do--- ----- ---- -----
Nathiagali ---do--- ----- ---- -----
Lal Qilla Land acquisition of
20 kanal
2012 20
Mardan Judicial Complex 2011 20 Allocation
Charsadda ADR hall --do-- 9 Proposed
Katlang Sub-Div Courts --do-- --- --do--
Malakand Judicial Complex Site Identified
47
Swat Conf. & Rec. Room --do-- --- Under
construction
Chakdara Judicial Complex --do-- --- Completed
Dir U --do-- -do- --- Needed
Chitral 2 Court Rooms Under
construction
Kohat 100 kanal Site for
Judicial Complex
--do-- --- Proposed in
Kohad
Development
Authority
Sherwan Court room -do- 4 Completed in
2012
Battagram Judicial Complex 2011 19 ERRA project
Source: PHC Newsletters
1.6.10 Management Information System (MIS)
The court automation was also included in the AJP agenda. The same included providing computer,
copier, fax machines to district courts on phased basis. Although executive type bodies has been
established by the Law and Justice Commission for the purpose of court automation at apex level,
Management of Information System/MIS branch established in the high court, it was planned again
and again that the process will be pushed downward, no concrete step has been taken to implement
the automation plan in district judiciary till date apart from computerization process.37
Despite all the exhaustive measures being taken under the above talked AJP like recruitment of
additional judicial officers took place by raising the working strength to hundreds as compared to a
few dozen in the decade of 1980s and 1990s. New judicial complexes, residential houses, public
waiting rooms, lavatories, information kiosks have been constructed throughout the province.
Computer, copier, fax machines, printer, internet gadgets, furniture, books for library etc, have been
provided under the said program. The strength of ministerial staff and process servers has been
enhanced sufficiently. Collective and individual transport facility has been provided to judges at
district level. Provincial judicial academy has been established in Peshawar that host regular
37 In this regard various committees were formed like National Judicial Automation Committee/NJAC, Judicial
Automation Supervision Committee/JASC, and Provincial Judicial Automation committee/PJAC by the LJCP in the
year 2004-5 . See annual reports of LJCP for the year 2004 and 2005. The main stress of automation was on creation of
information management system for case flow, performance of lower courts, complaint monitoring, library, research,
archiving of old documents, budget and accounts, administration, public enquiry and web site.
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48
training and higher educational sessions for judges, police, prosecutors and bar members since its
inception in 2012. The up-gradation and salary enhancement for the judicial officers and ministerial
staff have taken place more than once in the last couple of years that keeps them distinguished if
compared with other civil servants. All these efforts are directed to ameliorate the working
condition of judicial officers whereas the real judicial system that claims to protect the poor and
vulnerable class of society is still in the need of restructuring and revamping in order to provide
justice services to the aggrieved ones without any hindrance and paying for it. The question of
direct access of litigant public to court system is still a dream to be realized through information and
communication technologies.
Table 14: Showing recruitment of Judicial Officers since 1998
Sr.No. Year Number of
judges inducted
Designation Remarks
1. 1998 64 Civil judge/JM As a result of
separation of judiciary
and executive vide
SCP judgment.
2. 1999 18 --do-- --do--
3. 2003 49 --do-- AJP
4. 2003 22 ADJs --do--
5. 2004 79 CJ/JM --do--
6. 2006 28 --do-- --do--
7. 2008 55 --do-- --do--
8. 2008 4+4 ADJs --do--
9. 2010 52 CJs --do--
Total 22 years 412
The post-restoration period of superior judiciary in 2009 was a landmark event in the history of
Pakistan. The same was followed by adopting a uniform policy by the NJPMC\ to fix new goals
before the district judiciary for clearing the age old backlog of pending civil and criminal cases.38
38 NJPMC stands for National Judicial Policy Making Committee, headed by the CJP and CJ FSC and all the four
heads of provincial judiciaries. This is a constitutional body that looks after various national issues to law and
procedure.
1.7 National Judicial Policy; Sword of Disposal.
49
After thorough deliberation and consultations with all the stakeholders, the National Judicial Policy
came into force on 1st June 2009. Main aim of the policy was to get rid of the old backlog of cases
in the district courts and to eradicate unnecessary delay in the disposal of cases. Main stress was on
the expeditious disposal of criminal cases and especially that of under trial prisoners. Time frame
was fixed for each category of case like,
Table 15: Showing time period for case decisions
Sr. Case Nature Time Frame for decision
1. Bail 3 days at magistrate level
2. Bail 5 days at Sessions level
3. Bail 7 days at High court level
4. Bail cancellation 15 days.
5. Challan Submission 15 days.
6. Cr. Cases u/ 7 yrs of Punishment 6 months
7. Cr. Cases of more punishment 1 year
8. Narcotics, Terrorism, Women &
Juvenile
Priority
9. Writs of service matters, Student
admission
60 days
10. Stay matter 15 days
11. Rent 4 month
12. Rent appeals 60 days
13. Revision petitions 60 dys
14. Family 3-6 months
15. Civil appeal in Family 30 days
16. Banking, tax, duty etc 6 months
17. Reveiew petitions 30 days
18. Negotiable instrumnt 90 days
19. Minor offences, Small Claims ADR
20. All cases to 31.12.08 Within one year
21. Tade, Commercial, investment Priority
The policy brought drastic changes at the district level of judiciary as cases were divided into old
category I, II and III. All cases filed upto 2008 were declared as target number one. The rest were
declared as secondary targets. One year was fixed as the total age for a civil case and after that it
joined the target zone. The perusal of minutes issued by the NJMPC reveals that regular meeting
were held under the chairmanship of CJP on weekly, bi-weekly, and monthly basis throughout
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50
Pakistan. Main focus was the appraisal of performance of district judiciary, and prisons.39 The
performance of KPK district courts was exemplary, if the ratio of institution and disposal is
compared during the post-NJP era.
Table 16: Showing the overall institutions and disposal in the high days of NJP in KPK
Year Institution Disposal Balance
Nov.2009 24,302 29,349 116,814
Dec.2009 33,857 40,264 120,689
Jan.2010 26,173 27,877 127,577
Feb.2010 12,977 14,280 124,795
Mar.2010 27,791 32,344 117,679
Apr.2010 27,910 33,457 110,531
Jul.2010 23,420 25.324 95,533
TOTAL 176,612 202,895
Source: Minutes of the meeting of NJPMC
Figure 12: Showing statistics of Institutions during NJP period in KPK
39 The author visited the webpage of law and justice commission of Pakistan at www.ljcp.gov.pk were the press
releases disclosed further data and details regarding the overall performance made under the NJP. The visit was made in
June 2013.
51
Source: Minutes of the meeting of NJPMC
Figure 13: Showing Case Disposal during NJP period in KPK
Source: Minutes of the meeting of NJPMC
The figures released by the NJPMC show that after promulgation of the judicial policy in June 2009
district judiciary got an institution of a total 176,612 cases whereas some 202,895 case were
decided which is an encouraging indication, if seen from the point of view of litigant public. The
post-NJP period noticed a sharp decrease in jail population as bail petitions were decided
expeditiously. The ratio of discharge and acquittal was also increased. Challans were submitted in
time. The prosecution endorsed their opinions regarding the validity of the newly instituted criminal
cases. Many were disposed off in light of that opinion as want of proof was involved. The
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
Nov.2009 Dec.2009 Jan.2010 Feb.2010 Mar.2010 Apr.2010 Jul.2010
Institution
05,000
10,00015,00020,00025,00030,00035,00040,00045,000
Disposal
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52
redundant concept of parole/ probation was also activated. Where it was possible, soft convicts
were released under the provision.40
The side effects of NJP were not quite pleasant for bench and bar. The district judiciary faced one
side pressure from the high ups to decide the cases till a fixed period. Psychological tensions,
mental pressure resulted in a stressed environment in the courts. The judicial officers complained
time and again regarding the age old burden of the cases that were aimed to be cleared overnights.
The bar councils and bar associations criticized the policy on the ground ‘justice hurried, justice
buried’. Strikes were observed throughout the province. Due to mental stress, death incident of the
practicing counsels were also occurred. Revenue officials responsible for court evidence went on
leave. Police officials applied for pre-mature retirement in order to avoid daily court summoning.
When the protracted civil cases could not be disposed off on merits, the same were summarily
rejected on technical grounds in order to achieve the ‘desired statistics’. The same were restored
under fresh registration later on. It was also noticed that target cases were not shown on the court
diary and later on when new judicial officer was transferred in then the discrepancy surfaced.41
The perusal of NJP further indicates the all focus was on disposal at district courts. It can be
illustrated like an old motor vehicle to carry new burden on its old engine and without overhauling
and renovating the same. Surely the result will be in the total disaster for vehicle and the carriage as
well. The policy was imposed with a single order form the upper hierarchy without taking into
consideration the basic elements of legal impediments, non-availability of necessary infrastructure
in district courts, non-interest and non-cooperation of state players in improving of justice
conditions at the grass roots level, etc. Although the district judiciary fulfilled the objective of quick
disposal but when the matters of infrastructure development and capacity building came before the
NJPMC, then article 37 of the constitution was referred to remind that dispensation of justice is
40 The author discussed the aftermath of judicial policy with a DSJ according to whom the NJP was helpful in clearing
the backlog and delay reduction, especially the disposal of criminal cases reduced the over population factor in KPK
prisons.
41 All the incident came into the personal experience and knowledge of the author during the heights of NJP when he
was posted as civil judge Abbottabad in 2012-13
53
state responsibility meaning thereby that the apex judicial forum was helpless before the executive
organ for releasing required funds. Experience shows that this phenomenon of one side traffic can
not achieve long term targets. As without state support the justice department will be handicapped.
The infrastructure can not be developed properly and timely thus affecting the performance of
judicial organ in the long run.
The NJP induced huge influx of new cases too. The latest figures as appeared in monthly newsletter
tell us that despite disposal of round a million cases under NJP in the last four years, the pendency
is still on the rise. This factor is attributed to judicial activism in the province after restoration of the
upper judiciary in the March 2009. The print and e-media created a new image of the judiciary in
the people minds by sensitizing litigant public to bring more and more grievances before the courts
for which the available infrastructure is not ready and sufficient. For management of unprecedented
case flow and timely disposal, it is necessary that ICT is given due role in the management of
district courts. Thus the justification of ICT use in lower tier of judiciary is being confirmed from
more than one angles. The AJP formula was necessary to build basic infrastructure at district level.
The subsequent enforcement of NJP also added to public trust on the district courts as majority of
the old cases were decided and new backlog is dealt with expeditiously. However, the document of
NJP is itself aware of the fact that without ICT the future working mechanism of district court will
not be efficient. It states,
‘computerisation and networking should be introduced at all level of judicial hierarchy. By
introducing specifically designed software, the effectiveness of computers could be enhanced to
check and monitor the caseflow and measuring the qualitative and quantitative output of judicial
officers. Therefore, all the computers of a province should be connected through web based
networking so that data transferring to MIT branch becomes easy.’42
Video conferencing facility has been declared as desirable for the trial of prison inmates. For this
purpose necessary automation and installation of modern techniques has been directed. However,
42 See para 11 of the NJP
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54
the ground situation has been the same due various factors as discussed above. But the usefulness of
ICT has at least been recognized at national level for dispensation of quick justice.
The district courts at KPK perform a vital role for imparting first tier justice in the province.
Various methods have been adopted to bring more refinement in its working for the last couple of
years like ‘Access to Justice Program’ and implementation of ‘National Judicial Policy’. However,
due to population boom, judicial activism and other geo political factors, the district organ of
judiciary is still under immense pressure to deliver.
In the above mentioned chapter we have identified certain reasons and challenges being faced by
the district judiciary. Lack of use of ICT was tentatively found to be one the major causes for such
problem. Though judiciary has remained reluctant and conservative in adopting ICT, rest of the
society has enthusiastically welcomed it. In public as well as private lives of the citizens in KPK
ICT has made deep inroads and advancements. However the study structured on the following lines.
In chapter 02 the current ICT landscape in KPK will be discussed by discovering as how ICT is
playing its role in the public and private sector of the province. Following this, chapter 03 of the
thesis will take a voyage to discuss various e-justice models around the world including that of
USA, Australia, India, Latin America and Continental Europe. In chapter 04 efforts will be made to
search out proper ICT model for district courts of KPK. The conclusion is all about to present
various proposals and suggestions for the future ICT implementation in the district of the province.
Upcoming chapter 02 we will discover and narrate how technology is being used by the KPK
government and society that provide a level playing field for further ICT implementation in justice
sector.
1.8 Conclusion:
55
Chapter 02
2 Contemporary ICT landscape in KPK
In this chapter, it will be observed and discussed as to what is the contemporary landscape in the
province with respect to use of information technology for conducting public and private
businesses, and how such experiences can be related and adopted in the judiciary. Already banking
sector, educational institutions as well as mobile phone companies are vigorously following an IT
agenda round the clock for offering better customer services.
The chapter being concerned with ICT prevalent culture in the province, will divide the same into
public and private organizations. This will help in understanding that technology is equally utilized
by both the sectors. These practices and experiences are valuable. These are the pioneer of ICT and
hence market leader in the relevant sense hence cannot be ignored accordingly.
2.2.1 The Department of IT, A Technology Pioneer in KPK.
As compared to others, the government of KPK has a pioneering role in introducing IT in its offices
and providing easy working patterns for disposing of public functions.43 In order to introduce e-
government initiatives science and technology and information technology/ ST&IT department was
introduced in 2002. Main aim of the department was to generate/ promote facility and regulate e-
government activities in government department of the province.44 The IT directorate performs
multiplicity of function like;45
43 Discussion with IT Director Mr. Bilal Jabbar of Information Technology Directorate in KPK and who supervised
various IT projects on official level. Interviewee conducted on 14/03/2012
44 See http://www.khyberpakhtunkhwa.gov.pk/Departments/ST-IT/index.php (last visited on 3-5-2012)
45 See http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Functions.php (last visited on 3-5-2012)
2.1 Introduction to Chapter
2.2 Information Technology in Public Sector of KPK.
[Title]
56
A. Implementation of e-gov projects.
B. Technical advice and guidelines to government for e-projects.
C. Designing of e-gov projects.
D. Standardization of software and infrastructure in the field of e-gov.
E. E-commerce strategies and establishment of IT parks.
2.2.2 Achievements
The information technology directorate has performed well to introduce and facilitate IT at various
levels. Police, revenue, driving license, health, education and other relevant public fields have been
given IT touch in the public interest some of the completed projects are as under.
2.2.3 Online Litigation and Case Tracking System for Service Tribunal.
Although the project could not see light of the day due to lack of technical support and skilled
manpower at user level, however, it was first initiative at public level to provide a completely
online litigation system to litigant public. Some of the salient features of the project are:
a. Online database.
b. Software for
i. case management,
ii. schedule of hearings,
iii. Generation of notices/judgments and orders.
c. Online user manual.
d. Secured online access to court database.
e. Online case registration.
f. Online tools for public access.
57
The website of IT directorate provides further information in this regard as:46
“System has been implemented successfully in the Service Tribunal, Peshawar. Software has been
commissioned, data entry completed and being updated live in all the 3 courts for the 1250 under
trial cases. Posts have been created for the project through current budget and staff recruited
through Public Service Commission. The system has been handed over to the Service Tribunal.
Website http://www.servicetribunal.gon.pk is operational & integrated with database. Data Entry
of 12,000 Decided & Current Cases was outsourced. Approx. 6000 Cases/Files are entered in
database via OLM&CTS Software.”
This is very important message that conveys an advanced form of doing court business in
developing country. However, the ground reality is different. The website is unavailable on the web
page and no IT role has being given to in the court work. The reason has been stated by the IT
directorate guys as non availability of necessary technical manpower at the service provider’s end.
As a complete functional system was handed over to the court for conducting their work with the
help of IT and they in turn could not continued with the job and thus the project failed
consequently. This is something very disturbing and needs to be kept in mind while initiating future
IT project for court purposes. Creation of skilled worker and technical know how is very important
for the success of any project. No policy or IT-relevant project can be implemented sans
professional IT personnel.
46 See http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php (last
visited on 3-5-2012)
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58
2.2.4 Online Hospital Management System for Lady Reading Hospital.
Lady Reading hospital, which is the oldest one in the province, caters the needs of thousand of
outdoor and indoor patients on daily basis. IT started a program to work out hospital management
information system that will cover:47
a. Hospital reception.
b. Patient management and repository.
c. Clinical services.
d. Shift scheduling for doctors and nurses.
e. Secured online access to other hospital
f. Hospital web page.
Pursuant to the above objectives, information technology directorate established a network
connecting the all department with the main server by using optical fiber. Software called ‘hospital
management information system’ has been purchased. Various modules for patients, store,
accounts, human resource and pharmacy have been designed. Information about out door patient is
now available on website www.lrh.gov.pk .
Benefits of the project.
One of the foremost advantage of the system is that entire data pertaining to countless of patient can
be stored in the system and be retrieved at any time. This data can be used for various kinds of
research by the doctors in order to improve quality of treatment and efficiency of the hospital. The
integration of all software can result in better policy making by senior management.
a. Patient’s benefits.
47 See http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php (last
visited on 3-5-2012)
59
The HIMS has multiplicity of benefits for the patients as quality of care and treatment can
be provided to the patients. Urgent feedback can be retrieved from laboratory test and
radiology section. Electronic patient file can be maintained and retrieved by entering unique
ID number of the patient.
b. Hospital Administration
The creation of central database can result in effective management and communication
between various laboratories. The difference between cost and income can be indicated and
future policy adopted. Stock of medicine is important in any infirmary. Through this HIMS
alerts can be generated six month before the expiry of any medicine. The performance of
any department can be analyzed easily. More transparency in utilization of blood, medicine,
donation etc will also be affected. Better health environment can be proposed as statistical
data on various kinds of patients will be available online.
c. Benefits for practitioners.
The new system is beneficial for the doctors as well. They can be engaged in research
projects easily as the patient statistical record is accessible online. The central database will
provide the stakeholders with decision support system for patient care according to universal
standards. Early alerts on disease trends and cause of death can be obtained. The e-records
can be shared across hospitals for uniform treatment policy. The necessary feedback from
pathology section can help the doctor to treat the case in time. Resources like man power,
equipments, and medicines can be utilized bitterly. Statistical reports can help in diagnosing
as which disease is frequent in which area, gender, age and time. This is very important and
relevant as future check measures can be adopted for providing better health facilities.
Availability of patient’s medical history can help the surgeon in taking vital decisions.
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60
2.2.5 Land record computerization.
This is very sensitive and important area as majority of the civil and criminal matters
revolves round the land disputes.48 The system is still works on centuries old manual
system that got no place for innovation and modernity. The information technology
directorate of KPK has tried to establish a project wherein an efficient, transparent, and
accessible land record system will reduce litigation and usher a new era of prosperity and
security. The online land record system will create an atmosphere of trust in the land owners
and farmers.
2.2.5.1 Goals of the project.
Although the project could not carry forward with desired plans, however, the same was
invaluable in terms of its goals and objectives. It was aimed to improve land management and
local planning as clear picture will be available online. Moreover, more transparency and
accessibility will be created as well. Through this system, poverty can also be reduced
banking sector will have direct access to accurate land record for giving micro and
agricultural loans. More investment opportunities will be created in the housing sector as
investors will access land titles with more ease and transparency. The online data entry can
bridge the digital gape in the rural area.
The proposed data entry contains the following areas:
• Genealogical books
• Ownership data
• Crops records
• Mutation register
48 The main political slogan for change in general election 2013 by the PTI was computerization of revenue record
across Pakistan.
61
2.2.5.2 Socio-economic Benefits.
Through this system speedy delivery of land titles will be generated electronically in the
specified public kiosks and the same will be extended to the internet facility. As the data
entry will be electronically so there will be less room for errors and exceptions. The
system will also facilitate mortgaging facilities to the bank and crops loaning regime. The
system will be updated on daily basis and new entries will be made instantly and the same
will be available through secure terminal. Thanks to the online system, it can surely be
anticipated that a sharp decline will take place in the civil litigation all over the province
as 80 percent of the court energies and time is consumed in correcting errors in the
revenue record. The new system will spare enough time for the courts to concentrate on
more important issues. Shamilat shares of each land owner will be evident instantly
through this system. shajara nasab will be maintained and updated regularly. The
resolution of land disputes will be easier in the presence of readily available data.
2.2.5.3 Technical Benefits.
Taking technical benefits from the online revenue record is also relevant. Farmers will get
e-pass books to show their ownership and claim benefits from various government
departments and financial insitutuions. ‘Fard malkiat’ will be made computerised. Data
mining and data warehouse facilities can be made available from the e-system. The same
can be outsourced for generating to private sector for generating more income. The online
search engine will facilitate the finding of desired results form the record. It will create
more job opportunities to young people and a new mindset will help in eradication of
corruption in the society. Delay in registration and attestation of record and making new
transaction will be made easier and speedier. The job of planning and taxation
departments will also be made easier and transparent.
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62
Similarly, public and private entities dealing with the land will be served by the new
system. All stakeholders dealing with the civil litigation and its adjudication will also
utilize the system. Financial institutions, development forums, non governmental
organization, public civil and planning bodies will also improve their performance though
the new system.
2.2.5.4 Software to be used.
According to the website details of the information technology directorate, services of
‘accountancy outsourcing services’/ AOS were hired to launch the project.49 Vb.net and sql
server was aimed to be used as tool of the software. The following modules were part of the
project:
i. Shajara Nasab
In this category modules all sort of information pertaining to family, its history, tribe and generation
will be entered.
ii. Jama bandi
This is an important piece of land record. It contains as how the real owner, possessor, what is
khasra number and detailed shares of each owner on in the property.
iii. Girdawari.
In girdawari module the detailed on six month crops will be notified and that
who is farming the land.
iv. Mutations
49 The same can be reach through web link http://www.aoserv.com/ (last visited on 5/6/2012)
63
The sale of land from one person to another. It will also contain the actual price
and how much area has been sold.
v. Electronic Fard
In this module an owner right in the property will be entered and the same can be
retrieved when needed.
In pursuance of the above goals, the IT department launched a full fledged
campaign to accomplish the same. Various offices like Project management unit,
verification cell and data entry cell have been set up. Services of retired revenue
officers have been hired for verification purposes. Record of 78 circles has been
collected for vetting. Whereas forty two circles have been entered in the system.
All the standard reports can be obtained automatically once the same is fed in the
system.
2.2.6 IT Help to Swat Police Stations.
In order to integrate the police department of district swat, the information
technology department, launched a program to computerize it. It included ‘crime
management information system’, ‘investigation management information
system’, ‘criminal record management system’, ‘biometrics identification
system’ and ‘file tracking system’. Through the system, it was also envisioned to
facilitate public police and inter-police communication.
Thus software of the project has been implemented. A number of First
Investigation Reports has been entered in the database. Network and hardware
has been deployed in Central Police Office as well as labs in district police office
swat.
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64
However, the actual situation is otherwise. Due to internet piracy and hacking
system, the senior officers of police are reluctant to implement the system. They
fear that by implementing the system the criminal will use the same for their own
purpose that will defeat the very purpose of secrecy and investigation. Online
resources are the best available modes to share the same with citizens. Once the
shy element is out, then surely we will be experiencing better results for peaceful
environment.
2.2.7 E-driving license.
In august 2007, the government of KPK launched a project to issue computerized
learner driving permit and driving license. More than one million e-licenses have
been issued with a robust revenue amount of 200 million rupees. This project is
consists of license management, ticketing management, test management and
catalogue management. Through this system it will be easy to access license
holder’s record. Moreover, a better transparent system can be created to examine
as how much revenue is being generated each month through licensing.
2.2.8 Property tax information system.
As part of e-gov initiative, computerization of property tax aim to empower
excise and taxation department of KPK with real time data flow. The new system
simplified the collection and registration procedure of property tax in selected
districts of the province.50 Thus there is ready access to property record
facilitating planning and coordination. The data can also be retrieved with
comparative speed to be analyzed for various purposes. The general public can
also have access to their property tax record and its processing. Secure
50 See the website of IT directorate on http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php
65
communication network among various district offices will be possible by using
intranet software. Through online system, it will be possible to search taxes of
last 3 fiscal years, owners’ record, units’ details etc. There will be no need to go
through long old registers as one can get his challan in less than a minute.
Automatic rebate application will take place and there will be no need to apply
for concessions in this regard. Before going to buy a property unit one can
confirm the tax record online. The website will also cater the need to let views
know about law material pertaining to property tax.
Pursuing the project, the information technology directorate has already entered
more than two million units in the database and the same was launched in five
wards in 2007. District Nowshera, Mardan, Kohat and Haripur are next to be
computerized. In Peshawar the system has successfully been implemented
bringing more rapidity and transparency in the collection of property tax.
Computerized challans are provided to customers and more than twenty four
million rupees have been collected in less than six months. This is the first ever
technology use in the whole country in this sector. There is no chance of
duplication in the system and fully clean and transparent wards are provided
now. Data is being inserted in the main database through web link application
which is capable of handling data of the entire province. Countless flaws in the
excise and taxation record have been removed. In short period of two years from
the date of its launching the excise and taxation department has issued 0.13
million challans, seven thousands show cause notices and nine thousands final
show cause notices and about eight thousands dastaks. The process of
computerization is complete in Peshawar, Haripur, Abbotabad while in district
Kohat, Bannu, Mansehra, DI Khan, Charsada, Swabi, Lakki Marwat, Karak the
system was proposed to be completed by end of 2009.
[Title]
66
Financial benefits of the project:
The figures collected the information technology directorate reveals that sharp
increase occurred in the generation of revenue with computerized system.
The circle of ETO-II collected a sum of Rs. 14.5 million in May 2008 under old
system whereas under computerized system a revenue of Rs.17.4 million was
affected. Whereas in the coming month an amount of Rs.2.5 million was earned
in excess due to computerized settings. The total income that was generated in
excess was Rs.16 million from May to August 2009. This supports that
information technology support the argument of monetary benefit as well.
2.2.9 NADRA; Technology in action.51
In order to provide for the registration of 150 million citizens, NADRA was
established to form as an autonomous body in the year 2000 from the
amalgamation of National Database Organisation and DG Registration. NADRA
launched a project to provide the citizens with multi biometric identity
documents by replacing the old paper based ID card issued since 1971. Till date
more than hundred million citizens have received foul proof ID documents.52 It
has been included in world top fifty e-passport providers for five consecutive
years by ID World Magazine of Italy.53
NADRA is one of the leading organisations in the information technology sector
that got international reputation as well. NADRA is specialized in offering tailor
made solution to any country identification documentation needs. It is expert in
51 NADRA stands for National Database and Registration Authortiy. It is Federal Government with branches in KPK
as well)
52 See http://nadra.gov.pk/index.php?option=com_content&view=article&id=1&Itemid=3 (last visited 9-9-2012)
53 See http://www.id-world-magazine.com/index.php?search (last visited 9-9-2012)
67
providing civil registration marriage, birth, death, divorce, id cards, e-passports,
border control services.54
Due to its relentless efforts and sheer professionalism of dedicated hard working
team, NADRA has created the largest database of the world developing country.
It has a workforce of more than 11000 people. Nearly four hundred e-centres and
two hundred mobile vans are busy to provide various types of registration
services to the masses. In order to manage the tremendous pressure of data flow,
it has developed a state of the art data ware house comprising of 18 MMIPS
processing capacity with a storage space of 6 tera bytes. It has a further capacity
of 16 million per second automated finger print system, and world second largest
facial recognition engine.
Being expert in data processing, NADRA provides multiplicity of functions like
• Data warehousing.
• Software integration & management.
• Data acquisition.
• Disaster management and back up.
• Network infrastructure development.
• Project management.
The same services have been outsourced to other countries like Sudan,
Bangladesh, Tanzania, Central Asian Republics etc. Whereas on the
national level, Nadra has successfully launched and delivered the projects
of ID card personalization, Multi Biometrics e-passport, e-driving license,
54 See www.nadra.gov.pk/downloads/solutions/brochure.pdf (last visited 9-9-2012)
[Title]
68
Arms license, e-vehicle identification and monitoring, e-border control, e-
toll and easy pass systems etc.55
2.2.9.1 Electronic Passport.
Pakistan became the world first state to launch multi biometrics e-passport in the
year 2004 through NADRA.56 It is one of the most modern passports of the
world as it contains overt and convert technology features on its data page. It
contains public key infrastructure, radio frequency identification chip,
biometrics, invisible personal identification, 2d barcode, three colour intaglio
printing, security link, holograms, UV features, water mark paper, security
substrate and laminate, micro printing.
The product of e-passport offered by NADRA is valid for any kind of e-passport
for any country as it includes the latest technology features that can be
customized subject to the need of that country. In a short time since its inception,
NADRA has developed expertise to offer centralized and decentralised e-pass
solutions keeping in view clients needs. While implementing these projects
NADRA has struck a deal with renowned technology firms like Delta, Jura,
Opsec, Viisage and Sagem.57
2.2.9.2 E-Vehicle management system.
Due to growing needs of security and to tackle the increasing number of crimes
and carjacking, it is inevitable that a system be devised where like individual;
vehicles are also identified and tracked. Responding to this, NADRA has devised
55 See above at number 54.
56 ibid
57 See above at number 54 pp16.
69
‘e-vehicle management system’ by using RFID technology to monitor the
vehicle from distance control room.58
The vehicle management system has been divided into three parts i.e. vehicle
identification and monitoring system/ VIMS, vehicle access control system/
VACS, e-toll system on the highways. The vims is utilized by fixing RFID chips
that can be monitored at exit/entry checkpoints of country and city roads. This
will minimise the danger of tax evasion, theft and smuggled vehicle as well as
reducing the rate of car connected crimes. The vics system can be installed at car
parks and buildings to have restricted access to the vehicle and their check in and
check outs. E-toll is already installed and working at motorways that facilitate
the vehicle to enter and exit at without coming into contact with the collection of
toll centers. It has a number of advantages like rechargeable credit system,
smooth collection, time saving and evasion to stand in long quo etc.
2.2.9.3 E-balloting.
Due to technological advancement, voice is being raised for electronic ballot
system in order to ensure free and transparent election for public offices. The e-
balloting solution is based on secure algorithms that produce unique digits
automatically. The same service can also be used for balloting/ allotting of land,
plots, housing schemes, prize draws and shares. This is prepared for the client
according to his own needs and procedure. E-balloting has brought not only
transparency in election process but also added another shining jewel in the
thrown of NADRA.59
58 Ibid pp 36
59 See above at number 54.
[Title]
70
2.2.9.4 Automatic control of border.
In the prevailing security environment it is immigration check and border
security is becoming more and more relevant. In order to control illegal
immigration and human trafficking, NADRA has introduced automated border
control/ ABC that help authorities in performing their functions well.
This system is linked with e-passport server that compares and verifies passenger
data face and finger prints data with utmost efficiency and reliability. The other
features that include the ABC system is designed to read travel documents
instantly along with recognition of face and finger impressions. Passenger data is
also matched with exit control list and black list individuals.60
In line, electronic gate immigration option is also a new theme for solving
immigration hassles. The same is available with biometrics and without it. It
provides immigration solution without any human interference. The system is
prevalent in the UK wherein one needs just to appear before a screen and the rest
is dealt with by the machine itself.61
2.2.9.5 E-transaction platform
Depositing one utility bill has always been a chaotic experience in Pakistan’s
urban and rural areas, as one have to stand for hours in long queues in harsh
weather. Realizing this NADRA coined e-transaction platform wherein one can
perform various kinds of electronic payment activities based on computerized
identity card number.62 Once the payment that can be inserted in cash, is
accepted then an automated receipt is generated confirming the transaction and
receiving of payment at the end of the desired payee. Now one don’t need to
60 ibid
61 See www.bia.homeoffice.gov.uk (last visited on 10-10-2012)
62 See above at number 54 above pp 42
71
carry paper bills and wait for hours to deposit his utility bills. NADRA has
installed such e-kiosks in low income populated areas. The e-transaction
platform can be extended to the sale and purchase of landed property,
automobiles, ownership transfer and hiring of workers etc. The user of e-kiosk
can add more companies to this service in order to pay their dues.63
It is user friendly system that is available on 24/7 basis. It is foolproof and well
encrypted system. It provides ease and dignity to the user. The same system can
be extended to issuance of lost CNIC, pension disbursement, purchase of goods,
payment of various kinds of fees etc.
2.2.9.6 E-driving license and Seafarer cards.
In today’s world driving license is considered as a proof of ID and hence it has a
great importance. NADRA has developed contact less RFID chip fitted driving
license that stores personal data of the applicant as well as the information
regarding traffic violation and penalties imposed. When a holder of the card
commits a driving offence, his details shall be transferred form the hand book of
the police guy to the police station and then to the main server that will update
the record. The same can be known from the card chip as well.64
In line with international standards NADRA has developed machine readable
seafarer’s identity document/ MRSID that is in well compliance of the
international labour organization requirements. It enhances not only security at
seaports but also helpful in promoting mercantile activities at international level.
63 ibid pp 46
64 See above at number 54 pp 48
[Title]
72
2.2.9.7 Verification System/ verisys.
Documents without strong verification backup lose its integrity in today’s
security environment. Having created on the world huge human database,
NADRA has also provided facility to public and private organizations who can
access the system wherein the front and rear page of the ID card will be
displayed in real time terms along with other hidden information.65
2.2.9.8 Access and Attendance Control system.
In today’s cut throat corporate competition environment organization try to take
maximum output form their human resources. And that is not possible without
proper management and monitoring of the work force they use to employ. Based
on the use of access point by using swipe cards, face, finger and iris recognition.
The system uses various kinds of tool for the purpose like:
• Face and finger recognition
• Iris
• Swipe cards
• RFID/ proximity cards
• Identity cards.
In line NADRA has also developed fool proof and biometrics based attendance
control system that can gauge attendance of employees and their entry/ exit
timings during the work hours. It can also be used for the purpose of registration,
entry, exit, visitors, enrolment etc. It is a simple procedure wherein the
employees provides his personal details to the human resource department and
his biometrics. Each time the worker moves through the system his details are
automatically captured by the system and then generated in the form of a
65 ibid pp 52
73
report.66 This system can also be extended to external workers like contractors,
daily wagers etc.
2.2.9.9 Online testing system.
Taking one’s test and examination is not an easy task. It is boring and
complicated prone to human interference and complaints. Realizing this,
NADRA has developed online testing system in order to facilitate public and
private sector in recruitment and admission etc. This is highly accurate,
transparent and efficient system wherein questions appear before the candidate
randomly and the result is also declared on the spot thus eradicating every sort of
mishap in the process.67
The above discussion leads us to the point that information technology is
being used as one of the basic tool by the NADRA with indigous efforts. Even
NADRA is exporting the same technology to other developing countries and thus
it is one leading pioneer in the field. Thanks to technology efforts, NADRA is also
providing value added services to the nation. Thus it can be argued with certainty
that if genuine efforts are made information and communication technology can
also change the lot of the justice sector as well.
2.2.10 COMSATS institute of information technology.
The third world academy of sciences/ TWAS at the proposal of Dr. Abdussalam,
as its head at that time, formed Commission on science and technology for
sustainable development in south/ COMSATS. Its head office was established in
Islamabad in 1994.
66 See above at number 54 pp 62.
67 ibid pp 66
[Title]
74
In 1997 COMSATS issued a notification by setting up COMSATS institute of
information technology that started its function in 1998. It aims to handle the
requirements of fast growing IT sector and to meet the future technology
challenges. It has a mission to ‘deliver new ideas and products through research,
development and education in strategic partnership with IT industry and
organizations. Its Abbottabad campus started its function in 2001 from a humble
strength of 121 students and only three department at that time. However, in a
short time of ten years the registered student number has exceeded to more than
6000 with ten departments in hand.68
2.2.10.1 COMSAT’S Information Technology Centre.
This is the first ever IT centre at the KPK level that works in the public domain.
It is a well reputed technology setup that employs a large number of IT
professionals. It has a handsome history of national, international successfully
completed projects and clients at its end. The information technology centre is
responsible for promoting and facilitating the delivery of IT services like
software application, web developing, data warehousing, internet provision,
corporate training, multi media solution and network design and configuration as
well testing services.69 It provides different types of services like.
a. Software Development.
It is a subsidiary of software house situated in the campus that
concentrates on providing IT services to intra-campus and to the
corporate world. It has recognized itself inside and outside Pakistan
68 See http://ciit-atd.edu.pk/about/About.aspx
69 See http://ciit.net.pk/overview.html
75
thanks to its dedicated professional services. It works on the principle of
‘deliver in time, within budget with acceptable quality’.70
b. Expertise.
The comsats information technology centre has specialty in software
development on demand. It has prepared and delivered web application to
various clients wherein they can communicate business over the web by
using latest technologies. Geographic designs are also prepared. It also
leases out its employees services to various project solutions as well.
c. Software Development.
Comsats information technology center is involved in various sort of software
preparation like database designing, project management, data warehousing, web
programming and development, system application, server implementation,
program services, system integration and system analysis and design change
management. The platform that is used is window NT with 2000 server adv
server and workstations, windows 2000 and professional, windows 2003 web,
2.6.1
standard and server edition with Microsoft net. Moreover, red hat linux,
Mandrake lunux, suse linux, Free BSD linux and turbo linux is also used
for the purpose.71
d. Network management.
70 See http://ciit.net.pk/software.html (last visited on 11-12-2012)
71 See http://ciit.net.pk/software.html (last visited on 11-12-2012)
[Title]
76
Network and computing services/ NCS include administrative computing, support services,
customer services and training, help desk, and system operation as well as administrative
unit.72 NCS helps the available technology and personnel to perform their activities well in
accordance with the objectives. It is an I.C.T provider comprising of highly skilled
professionals. It aims to deliver highly quality of services to the institution. The
infrastructure that is used by NCS professionals is reliable, up to date and fully
comprehensive.73
NCS provides various kinds of services to the campus and outside corporate world. Labs are
used only for the purpose of research, instructions and other connected activities related to
the institute. It is noteworthy that local area network that is operational in the campus is one
of the largest in the country. Wireless internet facility is there in the whole campus with
installation of more than 2000 computers in the library which is open round the clock.
e. Internet services.
The internet services were initiated in the year 2001 with 64kbps speed.
Dialup, remote storage, e-mail services, FTP, domain names, and web
hosting services were also provided with the passage of time. The
situation has improved with the passage of time. Now internet speed is
164 mbps with two way PERN link. The center is also providing network
and consultancy services to corporate clients as well.74
f. Research and development.
Information technology center is also involved research activities in the
IT field with a vision to explore new areas in parallel and distributed
72 See above at number 69
73 ibid
74 See http://ciit.net.pk/isp.html (last visited on 11-12-2012)
77
computing and have done achievements as well. The research wing works
to bring latest technologies and world standard methodologies.75
The research has close affiliation with king Fahad university of Saudi
Arabia. There are variety of computing machines that runs different
operating systems i.e. Solaris, Redhat, and FreeBSD. PVM and
LAM/MPI libraries are being used for programming.76
g. Corporate Training.
Providing training to various kinds of public and private user of
information technology is also one of the key function of the comsats IT
centre. The main aim of the training is to familiarize trainees with the IT
products and solutions.77 The centre has already completed training
projects of
• Military Academy
• Judges of the Peshawar high court.
• District Nazims(now abolished)
• Surgeons and physicians.
• PTCL employees.
• Pakistan computer bureau.
• Employees of local hydrology department
• Local zakat committee member.
75 See http://ciit.net.pk/rnd.html (last visited on 11-12-2012)
76 See above at number 69
77 See http://ciit.net.pk/training.html (last visited on 11-12-2012)
[Title]
78
The comprehensive training sessions, enables the high-profile trainees to be more comfortable with
the system. During training, every aspect of the system is covered. Supervisory training projects
provides an insight into the relevant tools like reporting tools, recording tools and live stats
monitoring tools. Desk top application and web based application training is also provided to
various section of IT literate peoples.78
h. Maintenance and Repair.
The information technology center also provides repair and maintenance services to clients. The
following areas are especially looked into
• System and
• hardware trouble shooting
• Network connectivity.
• Essential software
The maintenance and repair section also performs other relevant tasks like installation, assembling
and up gradation. Installation various parts of hardware are also done.79
2.2.10.2 Comsats Completed Projects.
Comsats information technology centre have already completed various information
technology projects for corporate, public and academic organisations. That brings us to the
point that indigenous efforts can do miracle if done with dedication and devotion.
i. AKD online project.
It is unique software that facilitates commercial activities through an online trading,
accounts and settlement system. It handles thousands of cutomer by making millions of
78 See above at number 69
79 See http://ciit.net.pk/erm.html (last visited on 11-12-2012)
79
transactions online. Trading served is accessed by the clients through internet wherein
automatic bidding take place as per conditions. There are various application icons like
online trading, risk management, call centre, sale and purchase of shares etc.80
ii. Best Way Cement production management system.
The production management system enables that is deployed at different locations of the
production units, to monitor daily production. It can also generates daily, monthly and
yearly reports that are relied upon by the management for better decisions.81
iii. Campus management system online.
Famously called Cu-online, the project is responsible for automating almost all the campus
activities under one and the same umbrella. The administration, academic and transactional
processes can be accessed on 24/7 basis. Nearly all the main sections of the institute have
been made online it includes:82
• Information system for students.
• Information management system for accounts
• HMR system
• Library MIS
• Fee MIS
• Inventory MIS
The student MIS deals with all daily activities and queries pertaining to student life. It helps
administration in lessening its burden through well formatted reports system. The student and
teacher can also check their semester record. The Cu-Online system facilitates the process of course
80 See http://ciit.net.pk/projects.html#PMS (last visited on 11-12-2012)
81 Ibid.
82 SEE http://ciit.net.pk/projects.html#CUONLINE (last visited on 11-12-2012)
[Title]
80
registration as it provide an opportunity to the prospective students to apply for admission from any
location round the clock quickly and easily. The university administration also uses the system to
manage various academic offerings. The online feed back is used by the student to advice the
administration as how to improve the working and academic environment of the institute. The CU
system is installed in all the five campuses of the comsats.83
Similarly account information and management has also been developed by the information
technology center of comsats. This system helps in getting rid of old paper and manual system that
was prone to human errors and manipulations. It is based on double entry accounting system. In
line, the system is a perfect solution for loans and advances issues that arise from vendors and
employees. It is popular due to its accuracy and user friendliness.84 In order to provide
transparency to the sale and purchase system, an inventory information system has been designed
by the information technology center. It covers all activities of the inventory store including sale,
purchase, item issue and reissue. It generates various kinds of reports and issue slips as well.85
Next comes the library section of the institute. Library management information system or LIMS
provides online library solutions to the students. LIMS is designed in such a way that every sort of
report that is necessary for smooth running of the library system can be generated. Library of
Congress standard rules have been copied to design the system. This is configured with HRM and
student MIS and other features and functionalities of library science.86
The human resource management system is a connected system with CU online module. This is a
well knitted solution that covers all the activities of the human resource department. Thanks to this
system, it will be possible to manage decision making, provide better customer services and
transparency. This system is composed of the following modules working with one another
• Establishment
83 See above at number 82
84 See above at number 82
85 ibid
86 See above at number 82
81
• Staff information
• Leave accounts
• Health insurance
• Notification section
• Induction and
• Payroll management
• Recruitment
• Employee Information
• Establishment
• Leave Management
• Medical Insurance Management
• Payroll
• Notification Management
The student fee management system aim was specially developed by the information
technology section Abbottabad in order to resolve disputes that arise as a result of manual
dealing of the student accounts. It covers two areas i.e. semester fees and boarding fees.
During devastating earthquake in 2005, UNDP started rehabilitation program for the affectees. The
task was huge and cumbersome because thousands of villages disappeared from the surface. As per
request of the UNDP Comsats prepared camp management system in order to facilitate the UN to
smoothly carryout its functions in the region. The software developed was aimed to assess the
damage in the area, relief provided and donation received from donors.87
87 See above at number 82
[Title]
82
The IT experience of the comsats centre has also been shared with other educational institutes of the
province in order to streamline their working environment. The university of engineering and
technology Peshawar is one of the beneficiaries of the IT in this regard.88 This information
management system has done wonder job by automating all the department and major processes of
the university including registration, examination, library, HRM, Accounts and fees, faculty feed
back etc.
The information management system developed for Earth Quack Rehabilitation and Relief
Authority/ ERRA was also prepared by the Comsats in 2006. This software is has created a
database which contains user-friendly interfaces. It also contains the facility to upload the pictures
of the afectees and their demolished houses. The data can be transmitted on excel sheets for further
use with additional charts and Figures facilities.89
National testing services or NTS is a popular and online testing service that provides exam
opportunity to the educational institutes and students for getting admissions, scholarships and job in
variety of fields. Information technology center of Comsats is responsible for different software
solution that smoothly runs the NTS functions. It includes online registration, testing, result
generation and content management system.90
Having discussed the public sector ICT situation, it is pertinent to see as how the same is
being utilized in private organisations across KPK. The discussion below will reveal that
private entities have an edge over the first one in ICT related initiatives. Rather it can be
said that these organisations present a better ICT infrastructure at par with international
standards. Here banking sectors, Telecom companies, and educational setups have done
88 See http://ciit.net.pk/projects.html#UET (last visited on 11-12-2012)
89 See http://ciit.net.pk/projects.html#ERRA (last visited on 11-12-2012)
90 Ibid
2.3 ICT in Private sectors of KPK
83
their jobs that can be followed as a role model for further development. The same is
enumerated as under.
2.3.1 Banking sector.
Banking sector in Pakistan is one of the leading players that use information technology in
providing competitive services to its customers. In the province of KPK almost all the
leading national and commercial banks used information technology. A recently published
paper analysed the situation in words:
‘Allied bank is the pioneer in the field of online banking and introduce online banking system in
2004 in Pakistan. Allied bank has the biggest ATM network with 806 branches in the country. All
branches are Online with each other with 674 ATM Machines. The top banks which are providing
online and internet banking facilities are Habib Bank Limited (HBL), United Bank Limited (UBL)
and National Bank of Pakistan (NBP) Allied Bank Ltd (ABL), Bank AlFalah, Standard Chartered
Bank, Askari Commercial Bank Ltd.’91
Thanks to recent IT developments, now a customer don’t need to visit a bank branch and sit before
a busy guy to see his ledges for withdrawal and enquiring balances. A simple click on the internet
computer can do. A more sophisticated system has been designed wherein one can do his banking
activities from his mobile phone. This was something unimaginable a few years ago. The
introduction of Automated Teller Machines has completely transformed the banking landscape in
the province. Having debit and credit card in one’s pocket, one can withdraw, transfer and inquire
money from any location on 24/7 basis.
2.3.1.1 The evolution of e-banking
E-banking is considered as one of the latest innovative step in the banking sector of the province.
The financial sector of the province has remained under public sector control till 1991, when the
91 Abdullah Bin Omar; Customers perceptions towards online banking services; empirical evidence from Pakistan;
Journal of internet banking and commerce; Aug. 2011 vol. 16 no.2
[Title]
84
State Bank of Pakistan decided to open up its arms for private investments.92 This opening up
dawned a new era of competition and reforms within the sector enabling the industry to flourish
tremendously. However, the province is a late entrant in e-banking field. First ATM was established
in 1999 whereas e-banking was introduced in 2000. Thanks to continuous efforts on part of the
State Bank of Pakistan, e-banking has expanded tremendously throughout the province by directing
the bank to provide e-banking services to their customers and interconnecting their switches. It
resulted in substantial progress in conducting e-banking services. Now ATM card can be used on
most of the bank machines. Utility bills collection points have been introduced in almost all the
bank branches. Transactions are being shifted from cash and cheque to electronic one. The number
of ATM jumped to more than five thousands in 2010.93 Banks are also providing e-banking,
telephone banking and internet banking facilities to their customers. According to state bank report,
ATM transactions increased from 3.6 million in 2000 to more than 25 millions in 2009. Similarly
the values of such transactions rose from 21.507 billion to 189 billion in 2009. Nearly one million
ATM cards are in circulation for the purpose of cash withdrawal, payment of utility bills, balance
inquiry and fund transfers.94
2.3.1.2 Easy paisa; A new way to banking.
The banking sector in the province saw another positive development when in the year 2009,
Telenor Pakistan and Microfinance Bank joined hands to launch branchless banking. Using a
conventional banking account is not always an easy and secure way for ordinary citizen to do day to
day banking. Whereas it was something unimaginable some time ago to transfer money using one’s
mobile phone and that is also without the formal bank account.95
a. Money Transfer
92 Ali ahmad; policies and regulations for expanding e-banking to poors; May 2006, see
http://www.bwtp.org/pdfs/arcm/Policies%20%20Regulation%20for%20e-Bank.pdf (last visited on 12-12-2012)
93 Muhammad Asif Khan; An empirical study of automated teller machine service quality and customer satisfaction in
Pakistani banks; European journal of social sciences; vol 13 November 2010
94 ibid
95 See http://www.telenor.com/en/corporate-responsibility/initiatives-worldwide/easypaisa-banking-services-made-
easy (last visited on 20-12-2012)
85
Sending money is not has never been an easy task as one has to keep so many restrictions
e.g. lengthy paper work, bank times and long queues. Thanks to the easy paisa network, any
person can send money using Easypaisa services by visiting their Easypaisa Shop, Telenor
Franchise, Telenor Sales and Services Center or Tameer Bank.
b. Bill Payment
Paying one’s utility bills have also been one of the tedious job in crowd filled cities and
town in the province of Khyber Pakhtunkhwa. Now easy paisa made it easy to deposit utility
in designated shops in less than one minute.
c. Mobile Bank Account
In February 2010, the Easypaisa launched a new service called mobile bank account. These
are virtual bank account that can be used by the customers from any designated shop to
deposit, withdraw, transfer money and pay bills and check their balances. According to a
study conducted by Boston Consulting Group and Deloitte, telecom industry is making
tremendous contribution to the social and economic uplift.96 The mobile industry is in
infancy industry. However, in a short period of time it has surpassed the target of having
more than 100 millions customers, whereas, the banking sector got less than 30 millions
customers in last sixty years. This provides an immense opportunity for stakeholders to
provide additional services to masses through this link
2.3.2 Information technology and the mobile telephone sector.
This is another important area wherein efforts have been made to implement the ICT tools in
the province in order to further augment the reach of mobile telephony to the public at large.
Almost every adult resident of the province got cell phone in his pocket to use the same for
national and international communication, transferring data, listening to music and
conducting small financial transactions etc. It is imperative to include the sector of mobile
96 See www.telenor.com.pk
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86
telecom as it used ICT at every step. Sensitized by the technological effects cell phones the
SHC has launched a project ‘e-CAMS’ to inform the lawyers and litigant public regarding
case information in advance. 97 In the following lines market strength of leading mobile
operators working in the province will be discussed.
2.3.2.1 Leading mobile operators
In the province, nearly all the national mobile operators are actively engaged in providing
competitive services to consumers. Ufone, Warid, Mobilink, Telenor and Zong provide all sort of
mobile telephoney services in all the big cities of KPK.98
a) Ufone; National Telecom Entity
Pakistan Telecom Company limited incepted its cellular activities in 2001 in the brand name of
‘Ufone’. The same was sold to Emirates Telecom Company called Etisalat in 2006.99 From the day
first, Ufone has concentrated on the providing lowest prices services to the customers with clear
sound and best network. Thanks to its competitive services Ufone clinched the number of more
than twenty millions customers in Pakistan with network coverage in more than ten thousand
locations including all major highways in the country. Ufone network can be found in 396 cities/
locations in the province.100
b) Mobilink; a telecom Giant
Having enlisted more than 30 millions users, mobilink stands as one of the leading cellular
company in the region. It has 1590 cell station in the KPK which is the highest one here, whereas
the total number in the country surpasses the 8000.101 It has a network of 6,500 km fiber optic
backbone with a huge investment of more than three billion dollars. It offers special packages for
individuals, businessmen and multinationals.
c) Warid; A new way of business
97 See Official web site of Sindh High Court 98 See www.pta.gov.pk/regions (last visited on 25-12-2012)
99 See http://www.ufone.com/about.aspx (last visited on 25-12-2012)
100 See http://www.ufone.com/coverage.aspx#list (last visited on 25-12-2012)
101 See www.mobilinkgsm.com (last visited on 25-12-2012)
87
It offers its network facilities in more than 70 cities/ location in the KPK. Warid Telecom is a
partnership between Abu Dhabi Group and Sing Tel Group, which entered in the market in 2007
with an investment of 758 US dollars. According to a safe estimate, Warid has a market of 14%
having 16 million subscribers in the country.
d) Zong; say it all
Zong is the first foreign subsidiary of China Mobile that has invested more than 1500 million US
dollars in Pakistan. It has an over ambitious plan to cover major part of the KPK with cell waves
unprecedented coverage, voice and data facilities. Zong is also offering value added products for
the benefit of individuals, corporate and small businesses. As far as the jurisdiction of KPK is
concerned, zong has established 289 cell stations in the province providing multiplicity of services
like E-bidding, internet packages, value added services, music, sports, games etc.102
e) Telenor; the lonely European enterprise
Telenor Pakistan is owned by Norwegian telecom group, a provider of high quality voice, data,
content and communication services in eleven international markets. It has 140 millions subscribers
around the planet. It is the only European investor in Pakistan having spent more than two billion
US dollars here.103 Telenor launched its formal services in 2005. At the end of 2011 it got thirty
million users and twenty four percent market shares. Easypaisa as mentioned above is the first
unique financial product of Telenor. It has created more than 28,000 direct and indirect job plus
180,000 retailer, service centers across the country. A valuable contribution of 23 billion PKR is
another achievement of this operator in 2011. It has a bank of 27 million subscribers in its credit. In
KPK it has installed 224 cell station covering majority of the area.104
102 See http://www.zong.com.pk/about_us.html (last visited on 1-1-2013)
103 See http://www.telenor.com.pk/history (last visited on 2-5-2012)
104 See http://www.telenor.com.pk/list-all (last visited on 2-5-2012)
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The following diagrams and maps will show as how mobile market is being occupied by various
companies: 105
Figure 14: The Figure showing Number of Subscribers of various operators upto October
2011
Source: http://propakistani.pk
Figure 15: The Figure showing of Subscribers’ percentage of various operators upto October 2011
105 See http://propakistani.pk/2012/01/04/pakistan-reaches-111-million-mobile-phone-users-in-october-2011/ (last
visited on 2-5-2012)
89
Source: http://propakistani.pk
Figure 16: The Figure showing Addition in Subscribers upto October 2011
Source: http://propakistani.pk
Figure 17: The Figure showing Subscribers Trend upto October 2011
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90
Source: http://propakistani.pk
Figure 18: The Figure showing Mobilink Subscribers Trend upto October 2011
Source: http://propakistani.pk
Figure 19: The Figure showing Ufone Subscribers Trend upto October 2011
Source: http://propakistani.pk
91
Figure 20: The Figure showing Warid Subscribers Trend upto October 2011
Source: http://propakistani.pk
The above discussion confirms the point that information technology is making headway in local
market, having reach to those who are lagging behind in the run of development due to residents of
far flung areas. The cell phone is the only communication tool to low start of society including that
of workers, labourers, farmers, low-wage individuals and small and medium industries.
2.3.3 National University of Computer and Emerging Sciences.
Thanks to the efforts of Fast foundation Pakistan, national university of computer was launched in
the year 2000 with first rate computer institutes across the country. The mission statement of the
university reads as
‘In furtherance of these general objectives, we shall focus upon acquisition and propagation of
cutting edge science and technologies. Recognizing the fact that Information Technology is having
a profound impact upon almost every aspect of human activity and changing the shape of our
future, we shall retain our focus, for the time being, on producing computer scientists and software
engineers as well as managers of the highest order who may act as vanguard of the IT Revolution
in Pakistan.’106
106 See http://www.nu.edu.pk/Mission.aspx (last visited on 2-5-2012)
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The university established its branch campus in Peshawar in the year 2001 with fully equipped and
up-to-date labs, learning and research facilities. Now various research wings and branches that work
on different aspects of ICT will be discussed.
2.3.3.1 Center for Software engineering Research
This center aims to study various software engineering areas in order to resolve problems faced by
the industry and to establish new practices therein. In this connection continuous feedback and
training is also provided to the quarter concerned. The center also collects data of local industry in
order to understand production, cost and quality parameters. Main areas of research are,107
• Software project management
• Quality of software
• Process improvement
• Software architecture.
2.3.3.2 Research Center for Next Generation network
In this research area, focus is on different aspects of next generation networks, service quality,
security, convergence of land line and mobile telephony. Special emphasis is made on wireless
sensor networks in telemedicine and mobile operating system.108
2.3.3.3 Center for Research of Ubiquitous Computing109
This center promotes the idea of providing computer environment to every one anywhere. Through
this method people will be in a position to interact with the computer in an informal way and to
adapt them according to the environment. This center focuses on various areas of research e.g.
107 see http://www.nu.edu.pk/Researchisb.aspx (last visited on 2-5-2012)
108 ibid
109 See http://www.nu.edu.pk/ResearchKhi.aspx (last visited on 2-5-2012)
93
virtual reality, communication research center, human computing, information retrieval, multi agent
group, pattern recognition, sensor networks, wireless networking. 110
2.3.3.4 Center for Intelligent Computing and Information Visualization111
This center is responsible for participating in research activities knowledge engineering, image
processing, computer graphics etc. Main areas of research are computer Figureics and data
visualization, data mining, man-computer interaction, image processing, machine learning.
2.3.4 CECOS University
Cecos educational institute is one of the oldest learning centre in the province that is involved in
imparting knowledge in the fields of computer science and information technology since 1986.112
The vision statement reads as
‘Since last 16 years, we are in tune with education in the fields of Information Technology,
Computing, Business Studies and Management Sciences. The field of Information Technology has
developed so rapidly that today every other field depends on it & therefore, while in CECOS, we
have endeavored that our students get utmost benefit from the modern age IT facilities with best
possible environment and make themselves competent enough to face this challenging era.’113
The CECOS academic community closely works on creating an IT environment in an integrated
way. The learning environment provides an opportunity to the students to grow professionally and
personally by exchanging new ideas and experiences.
2.3.4.1 CECOS Data Institute
This centre was established in the year 1988 in order to cater the needs of computer courses like
chartered accountants of Pakistan (ICAP), Institute of Cost and Management Accountants of
110 See http://www.nu.edu.pk/ResearchKhi.aspx (last visited on 2-5-2012)
111 See http://www.nu.edu.pk/ResearchLhr.aspx (last visited on 2-5-2012)
112 See http://www.cecos.edu.pk/history.html (last visited on 2-6-2012)
113 See http://www.cecos.edu.pk/vision.html (last visited on 2-6-2012)
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Pakistan.114 Apart from these, special courses are offered like web page development and java
programming, MCSE, oracle certified professional along with other software courses. More than
twenty thousands students have participated in the related courses for career making. The institute
offers various sort of courses like post graduate diploma. In computer science, one year diploma in
computer science and information technology, CCNA, Sun Solaris, office automation, peach tree,
and other hardware courses are presented.115
2.3.4.2 CECOS Institute of Information Sciences
CECOS also takes pride in establishing the country’s first information technology institute in the
province that provide computer science education and training having well equipped, uptodate labs
and qualified research faculty. It offers a range of different courses that present a blend of
information technology and business management. It includes BIT (Hons) BCS (Hons) BBA
(Hons) B. Com -IT (Hons) BA – IT (Hons) MIT MCS MBA MBA.116 The perusal of course
structure reveals that almost every topic of information technology and computer science has been
included in the curriculum in order to provide a better level playing field for the students and
academicians.
What is gained from above discussion is that ICT is playing its role in various forms in KPK.
Business patterns and working environment is being changed by the use of ICT tools all around.
Corporate sectors, public department, multinational companies and educational institutes prefer to
rely on it in order to attract business and deliver services. This trend is growing day by day.
Pakistan being a developing economy and KPK too is relatively less developed and resourced has
nonetheless made huge strides in adopting ICT at every possible level. The preceding part of this
chapter has given good evidence to the fact. Though this import of technology and implementation
114 See http://www.cecos.edu.pk/cdi.html (last visited on 2-6-2012)
115 ibid
116 See http://www.cecos.edu.pk/imis.html (last visited on 2-6-2012)
2.4 Conclusion of the chapter
95
is patchy and not so harmonized, yet it has produced efficiency, transparency and other attributes of
good governance. As will be seen ahead, developed states have transformed their system with the
support of ICTs at every level and justice sector too has benefited from this support. The debate
would be incomplete and without direction unless the best practices being adopted in the developed
countries are discovered. Thus for a better understanding of how ICT can be applied in justice
sector, a survey will be conducted by reading and comparing the ICT justice-sector models across
the globe. To arrive at viable and practicable solutions, in the upcoming chapter global best
practices shall be searched, probed and scientifically analysed in the framework of the challenges
and issues judiciary is facing in KPK. In these hard times, ICT remains the only and lonely option
to be availed for imparting speedy, inexpensive and transparent justice to the grass roots level.
Chapter 03
3 ICT in Judiciary around the Globe
This part of the study will see as how the ICT has been employed by Western, Asian and Latin
countries for improvement of their respective judicial system. This study and inter-se comparison is
important for various reasons. Firstly, it will be possible to see their experiences as how they are
doing with ICT and in what manner. Secondly, their shortfall and failures will also be a model
3.1 Introduction:
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96
lesson as the same can be avoided. Thirdly, it will also be possible to import the success for
betterment. Common law countries have also done well in introducing ICT and KPK being the
same, it can be assumed that going hand in hand will be better experience in this regard.
United of America is considered as the pioneer in use of ICT for justice sector. Almost all the other
jurisdictions have imitated the US model for improving their respective court systems.
The perusal of materials on the US court technology reveals that the following areas have been
selected for modernizing court process and to improve the justice sector.
• Electronic filing
• Record management
• Court technology
• Technology standard
• Video technologies
The chapter will go through the first head of e-filing only and will see how the e-filing has brought
changes in the court process in the American jurisdiction.117
3.2.1 E-Court Record / E-filing.
This process means migration of paper based writings in court documents to that electronic format
through the use of XML and GHXML. It also includes digital signatures, common access, and
management of documents in order to reduce court costs and to ensure the availability of court
documents around the clock to the stakeholders.
117 See http://www.ncsc.org/Topics/Technology.aspx (last visited on 16-6-2012)
3.2 United States of America
97
The program manager of king County Judicial Administration in Washington has analyzed the
controversy and compromise in the way of e-filing by stating that despite much resistance the
project of e-filing went on success thanks to its convenience, security and ease to use. This process
threatened the old working patterns and posed new question for the future working mechanism.118
Similarly e-filing give its users a safe way to send documents to staff of the court to include the
same in the court record. This will bring benefit to lessen burden on the court officials to sort out
papers, make them in order and paste scanned images of papers in e-court file. This is part of court
technology trend in the States Courts. Detailed standards have been prepared by two leadings
institutions i.e. Conference of State Courts Administrators COSCA and National Association for
Court Management NACM.119
However, there are divergent opinions regarding the use of e-filing in the court system. Its
supporters say that it is based on business reasons like to do more efficient information management
with less resource. On the other hand, the opponents say that it will change the basic fundamental
completely and that the new system is not benign and useful. However, it is need of the hour to
discuss the new system, argue it, analyze the same and then settled down with the passage of time.
A critical issue that arose was as how the genuineness of a document and its signatures can be
ascertained in the e-filing system.120
However, it was ruled out that whoever possesses the encryption codes, he shall be held liable for
the signatures of the documents. And that the filer will retain the original document for a period
upto six months after disposal of the case.121
118 See http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/tech&CISOPTR=586 (last visited on 16-6-2012) 119 See http://cosca.ncsc.dni.us/ as well as http://www.nacmnet.org/ (last visited on 16-6-2012) 120 ibid 121 ibid
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98
3.2.2 Phases of Electronic Court Record. (ECR)
Roger Winters have identified six phases in which the project of ECR can be implemented
successfully. The first step is called core ECR in which the main scanning of documents will be
conducted and then the same will be stored in a management system for further use.122 In the
second stage, the record will be made accessible to the judges, magistrates and other court staff who
will be in a position to see the documents, images from chambers, and benches. This is called court
support. After this phase, the next will come connectivity of the system with prosecution and law
enforcement agencies. Here it will be possible to make a peaceful transition form paper filings.
Next comes, e-filing through digital system like PDF and XML based solutions making it easy to
process documents automatically. In the second last phase the electronic record will be made
accessible to the public and litigant at distance through internet. In the last stage, state will play its
role by making it easier for all the courts across the country to make access to all the courts easier
and on same standard basis and in order to avoid any technology inconvenience for the other state
departments and litigants public as well as the stake holders.
There are also practical questions that need to be looked into as well. Like there is real difference
between the paper based system and the electronic one on the basis that more than one person can
access the record from various locations. There is no danger of misplacement and loosing the files.
There is a also a back up system in addition to the original paper file as well.
Another benefit of electronic record is that access to record in measured in terms of computer time
and not in hours or days as the later requires a long chain of research, retrieval and delivery system
and the same is substantially reduced in the later one. Another aspect is that e-record is more secure
than the paper file. There no danger of the record being misplaced, lost and burnt and the same can
be retrieved with click of button.
122 See http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/tech&CISOPTR=592 (last visited on 16-6-2012)
99
Another benefit of the system is that e-document can be communicated more securely and fastly
than the costly, physical paper deliveries by trusted messenger and services. Yes, it is considered to
be one of the problems as how the e-record can be made safe, however, there are various solutions
to this problem as well.123
There are still problems with the system. Many think that making the case files online can create
problems for personal privacy. Specific issues of concern were noted we well by making public
record online. Controversy was predicted over how to treat public records that, when available
electronically, would be seen by many as have exposed serous level of privacy. However it is
believed that controversy would develop around whether a document’s content was valuable in
itself or because of the structured document and familiar appearance given it; this has not been a
focus
of much discussion, but the advent of XML-based “smart documents,” where data elements are
easily extracted for reuse, may bring it to attention. We knew that archiving electronic documents
would be challenging; since then, technologists, records managers, archivists, and others have been
addressing the issue, because preservation of electronic records and information encompasses a
much larger problem than just the court files. The underlying business issues have been examined
and, to a great degree, skillfully addressed in a “proposed standard” now adopted by the COSCA
and NACM management. There are certain that need further discussion and elaboration like how
the counsels will refer to the digital documents as the same will not contain pages. How the
traditional signatures can be avoided in the digital formats. The multi media and documents
animation effect is a question in the current scenario.124
3.2.3 Bridging digital divide.
Donald Shelton and Heidi Toffler has posed various question as whether the proposed e-
filing system will increase access to the court or vice virsa. It has been stressed that as
the new system will provide an edge to the computer savvy and literate attorneys and
123 ibid 124 ibid
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100
they will gather more clients in comparison to other ones who are not so much affiliated
with the new system. Moreover, it has been indicated that majority of the litigants are self
represented in family and divorce cases, hence it is more needed that such a system is
designed wherein the less represented class is also reflected and the new system
improves access to court record rather do in opposite manner.125
Herein the Canadian experience with court technology will also be analyzed. It implemented a
project called Ontario Integrated Justice Project in the year 1996 just after two years of the launch
of internet. The same was failed and ended up in after six years in 2002.126 It is important to note as
why the project failed and how. It was a huge project that incurred a big amount of money. Main
aim of the project was to facilitate the sharing of information on criminal justice system,
improvement of services and streamlining of the civil justice system as well.
Central theme of the project was to integrate all services and systems into a single information
management system called as office of the solicitor general of Ontario. Court rooms, police,
prosecution, prisons, parole, justice ministry and the local bar were the main areas of focus. The
following diagram clearly shows the well integrated role of all the justice departments in this
regard.
Picture 2: Showing all the stake holder in HBS Project
125 Shelton, Donald: All aboard? E-filing and the Digital Divide see at no. 122 126 Reiling Dory: Technology for Justice; Leiden University Press 2009 Amsterdam.
3.3 Information Technology Experience in Canada.
101
Source: Website on the topic relevant to OIJP
Picture 3: Showing in the stake holder in Ontario Integrated Justice Project
Source: Website on the topic relevant to OIJP
Compute aided dispatch and electronic records management system was envisioned for the police
department in the project. Whereas prosecution was aimed to be connected by providing electronic
brief exchange, case management etc. E-filing, digitized audio court proceedings, scheduling and e-
case management system was envisioned for the courts. The prison department was planned to be
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102
provided with parole and probation case management system and institution case management
system. The system was also bestowed with common query system and common in formation
services management. Fee generation was considered to be through e-filing option.127
The following schedule was formulated for the project:128
Time Line Aimed Project
1996-1998 Plan Project and requirement definition
1999-2002 Designing and Development
2000-2002 Phased wise implementation and completion
August 2002 Completion was timed as September 2002
October 2002 Non-customization of software, rise of policy issues, testing and developing
progress as well organization design.
October 2002 Project abandoned and parties take their own ways
3.3.1 Overview of spending:
In March 1998 total spending was estimated as 180 millions Canadian dollars whereas estimated
benefit was expected to be in the range of 326 millions Canadian dollars. These figures changed
dramatically in 2001 as the total cost rose to 359 millions whereas total income fall to 238
millions.129
3.3.2 Reasons for failure.
Although the audit report for the project focused on financial aspects of the project, however, there
are also other dimensions of the non execution of this gigantic information technology project. The
same has been enumerated by Reiling:130
• The foremost shortcoming on part of the developers was that they didn’t look for the
complexities of the judicial system of Canada. “it had an aggressive schedule that was based on
best case scenario but did not adequately take into account the magnitude of change introduced
127 See above at number 126 128 ibid 129 See above at number 150 130 See above at number 147 pp 67
103
by the project, the complexity of justice administration- particularly that of the courts – or the
ability of vendors to deliver the projects computer systems in the required time frames”. It
meant that risk were underestimated. Two things were important in this regard; the scale of
change that would have been brought by the new system and the complicated working system of
all the relevant justice departments. In other words, there was no understanding of the need for
alignment with the business of the organization involved, especially that of the courts,
implementation and what it included.131
• The second failing factor was exaggerative financial benefits expected form the project.
Basically revenue was expected to tune of Can $ 326 m till January 2001 whereas half of it was
thought to come from the court itself. Electronic filing was considered to be the major revenue
provider in this regard. Fees charged for the e-filing was the considerable part of the projects’
benefits. However, the above figures dropped to Can $ 238 m in 2002. According to an audit
report the same was also exaggerated by more than fifty million Canadian dollars. Thus it is
learnt that an IT project for court modernization should not be linked to financial benefits at the
beginning as the same can go drastic changes while the layout is placed for final practice in the
field.
• The third important factor that strangulated the huge project was political and organizational
complexities. The project was aimed to drag data across the justice information chain. The
Ontario Court Annual Report is clear:
3.3.2.1 ‘The Integrated Justice Project is intended to create program to allow information and
evidence to be received and transmitted electronically at the counter and in the court
room. A necessary component of the program is a court scheduling and case management
system for all civil, criminal and family matters. integrated justice has benefited form the
131 ibid
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104
tremendous time and effort of the judicial committee in identifying the needs and
expectations of the judiciary. The judicial committee has not stated how these needs and
expectations should be met, as this is a matter for the attorney general to determine.’132
It is a minor illustration as how a petty matter has remained uncertain among various institutions.
When the judicial branch has no authority to priorities, with additional liability to deliver in terms
of finances and benefits, then the result will be nothing but failure of the project.
What is gathered from the Canadian experience is that information technology projects should be
designed and executed with the sole autonomy and responsibility of the judiciary. Moreover, the
same should not be used for creation of funds or revenue rather the main goal should be to
strengthen the justice system by providing easy access and eradicate delay in disposal of cases.
The Hoger Bereop Systeem project was aimed to make an e-system for work flow management
system for the Dutch courts. It was visioned that the new system will develop a case registration
and management system for the appeal courts and prosecutors. It also thought about a system
wherein combine workflow management with case registration database. A common process
system was planned for the court and prosecution as previously all of them acted in separate
domains on paper based system. The system’s course was changed more than once and when it was
discovered that the same can not deliver as per plans and irreparable flaws were found then the
same was abandoned.133
Project outlines:
Begins on December 1996
132 See above at number 147 pp 68 133 See above at number 126 pp 63
3.4 The Netherlands Experience; HBS project.
105
To establish a common information system for the appeal courts and appeal prosecution with case
management system in the Netherlands. Ministry of justice was the budget holder as well member
of the steering committee.
In 1997-1998 feasibility study was conducted to launch the project. However, in 1998 the project
was freeze because of wide range of doubts about the functionality requirements. In 1999 the
project was re-initiated with higher budget and new management. In the year 2000 detailed design
and actual building phase was done and the same was completed in august 2000. Technical delivery
of the system was completed in December 2000. In 2001 project implementation started and soon it
was discovered that some serious irreparable problems are there. The second attempt was also failed
and thus project was aborted in October 2001.
Total estimated costs occurred on the project was 2.42 mil lions dollars.134
After the failure the project was evaluated and audited at the ministry of justice and the following
outcomes were pointed out:
--- The organizations that were involved in the system development were inexperienced in
comparison to the ambitious goals and expectations.
--- Risk management were not sufficiently tackled. The same were adequately identified
during the feasibility stage and the project was declared to be very risky, however the same
was not reduced and managed sufficiently by the developers.
--- During the entire time period of the project, the importance of change in the organization
and integration of user into the mainstream was underestimated. Resultantly, the system
collapsed without achieving the desired objects.
--- The competence and responsibility of the developers and those involved in the system were
not demarcated clearly and thus the project could not be carried out properly.
134 See at number 147 above pp 64
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106
--- The development methodology could not be followed properly in the year 1999 and 2000.
The perusal of the overall projects reveals that ministry of justice acted the patron of the whole
scheme. The other two entities that of appeal courts and prosecution made it more complex. The
diverse needs of them created mess and the developers were uncertain as to follow which direction.
The change in the driving seat in the mid-course was also due to the above factor. Thus it can be
said that function and responsibility of the stake holders were not defined properly in order to
control the project.135 The appeal court was not independent and well authorized to go ahead with
the project and the president of the court had experience in the field of IT.136
The managers had not tried the electronic work flow management system and case registration
database. The Dutch judge Dory Reiling says that she mediated between the parties on the issue that
ministry of justice and as both of them had developed different products for case flow management
system. Thus it was a glaring example as how the intra departmental systems were hostile for an
integrated system. The prosecution branch chose a fully protected and well encoded system for
information flow whereas the judiciary opted for a system that provided a bit freedom in exchange
of information. Thus this opposition also added to the complex situation.137 The same judge opines:
‘The experience of the organizations involved with IT was extremely limited. The appeal courts, at
the time had no automated registration system, and therefore was no experience with anything
beyond a paper docket. For the criminal division of the appeal courts and the appeal prosecution
offices, this was going to be their first case registration system. They had no experience with IT
apart from word processing. The appeal courts and prosecution offices did not have experience with
IT projects either, let alone projects of this complexity.’138
What is gained from the Dutch experience is that while devising IT project it should be kept in
mind that the control over the same is given to the courts when it is for the benefits of the judiciary
135 See above at number 126 pp 64 136 ibid 137 ibid pp 65 138 ibid
107
and justice system. Moreover, basic IT training should also be given to the project managers so they
are well informed as what sort of act should be performed in what stage. Moreover, the project
should be started on pilot basis so that its authenticity and reliability is assessed easily and
improvements are affected from time to time.
3.4.1 Comparison of the two.
It is important to compare both the projects and then draw lessons form the same so as to facilitate
us in devising our own one. Although the HBS project was much smaller from that of Ontario one,
however, the following can be taken out:
➢ Both the project was aimed at gaining over estimated goals basically which was not the
capacity of the organizers. The Ontario project was exaggerating the financial benefits form it.
➢ Risk management was not tackled properly that resulted into failure of the projects.
➢ The need of change in the organization was ignored and it was also not taken into consideration
as how to integrate the user into project structure.
➢ The control over budget was another issue. Ministry of justice was the guardian, the other two
i.e. judiciary and prosecution was supposed to tell their needs with having no power to arrange
the project as per their wishes.
➢ Both the projects underestimated the complexities involved.
The follow up of both the project revealed:
‘Did the respective organization learn from their experience? The Ontario one was taken apart and
divided into smaller units. Each organization went on to develop its own system. The HBS project
produced some lessons as well. The governance structure of the Netherlands judiciary was already
in the process of being reformed. In 2002, the council of judiciary for the Netherlands took over the
administration of the lower courts from the ministry of justice. As part of the reform process, IT
policy making was positioned in the council itself, thus enabling policy and financial control for
the judiciary. A firm policy agreement was made to set up projects in such a way that results could
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be delivered within a calendar year. A comprehensive IT architecture projects was started and then
aborted. The pilot for this project was done in the same manner as the development of HBS. The
project still has not delivered results after five years. Evidently , on the one hand, some lessons
were learnt but on the other hand, there are still other lessons to be absorbed.’139
Money Claim Online Project was started in UK in the year 2000 in order to facilitate the
adjudication of undefended money claims.140 Basically three online system i.e. were started
launched called Claim Production Center CPC, Money Claim Online MCOL, and Possession Claim
Online PCOL. As per Dory Reiling these are the best online title provisions in the world.141
Initially a dedicated center was established in Northampton County Court to provide services large
court users like banks and energy companies. This was established in 1990 in order to handle large
number of routine civil work. The following map shows the actual configuration of the MCOL
system.
Picture 4: Showing configuration process of the project
139 See above at number 126 pp69 140 See https://www.moneyclaim.gov.uk/web/mcol/welcome (last visited on 9-9-2012) 141 See above at number 126 pp 127
3.5 MCOL project; story of success.
109
Source: MCOL website
Source:142
The center for claim production was established long ago even before he emergence of internet
technology.143 The large users like banks and energy companies used to file claims in form of
structured data in form data tapes. Now the same is done online. Once the same is received, it is
processed for undefended claims. 144 This service can be used by the nationals of England and
Wales by having themselves registered for this service and by paying a specific fee.145 This point is
noteworthy that the defended claims are reverted to the normal civil court at the request of either of
the party.146 The latest data shows the success of the system with 67% of money claims have been
issued through online system in 2009-10.147 The user’s survey shows that lay individuals are more
satisfied than the private companies 62% and 33% respectively.148 Whereas, the customers helpdesk
and online help was not fairly used by the customers. The following table show salient feature of
the MCOL project:
3.5.1 Money Claim Online
Internet based litigation/ justice system, providing an opportunity to money claimant to submit their
plaits in short word upto 1050. The claims can be admitted or defended and subsequently warrant
and possession can be claimed through bailiff. Available round the clock on 24/7 basis. Guaranteed
issue of summons within twenty four hours. Fee can be paid though credit or debit card and where
142 See http://www.irsig.cnr.it/BIEPCO/documents/presentations/BIEPCO-Research_Conf-Lupo.Giampiero-MCOL.pdf (last visited on 9-9-2012) 143 See http://www.justice.gov.uk/courts/northampton-bulk-centre/claim-production-centre (last visited on 9-9-2012) The introduction reads as ‘The purpose of the CPC is to relieve county courts of much of the routine repetitive work associated with the issue of straightforward money claims. The CPC accounts for the court fees, produces the claim, creates the court's record and then envelopes and despatches the claim to the defendant.’ 144 See above at number 140 145 ibid 146 See above at number 126 pp 128 147 See the power points used by Giampero Lupo of university of Bologna , on the topic of ‘the case of money claim online and possession claim online in england and wales. See above at number 140 148 Ibid
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the claim is defended it is immediately shifted to the defendant local county court. Fee is charged at
the rate of five pounds to thirty five pounds which is cheaper than the local county court.
It is important to note that modernized civil procedure rules of England and Wales aim at
utilizing the ICT at the maximum. No formal summons is required to start the civil
proceedings. No formal choice of the court is necessary. Similarly fee is not paid at once.
It has been categorized and each one has separate fee.
It is the main object of the government in the UK to avoid litigation coming to the court
system.149
The actual scheme was to facilitate the small claimant who always shy from
attending the court. However, the later on data shows that the number of users remained
very static during the years from 2002 to 2009 i.e. 1.4 million users.150
The above mentioned project guides us in the direction that British experience regarding
ICT employment in the justice sector is an achievement par excellence.
Utilizing the information technology experience in India is vital for our district judiciary in KPK for
the reasons that we share common history and legal as well cultural system with them. India has
already taken huge miles lead in the field and their valuable experience is important for us in
comparison to western jurisdictions. Following is the website image of delhi district courts that is
still intact and provides useful information to its visitors.
Mr. Talwant Singh, additional district and sessions judge wrote comprehensively on the topic and
has taken a complete view as how the ICT is being used in he delhi district courts three huge
complexes.151 This is a very comprehensive and well elaborate documents that can act as guidance
for the region as well. It tells us as how the ICT is playing a vital role in helping the judicial officers
149 See above at number 126 pp 129 150 ibid 151 Talwant Singh: “ICT in the district courts of delhi; challenges, strategies and solutions”, available at http://delhicourts.nic.in/ICT%20IN%20THE%20DISTRICT%20COURTS.pdf (last visited on 12-12-2012)
3.6 ICT in Delhi District Courts; The Indian Experience.
111
and court staff in disposing of their duties more easily and with relative speed and accuracy by
taking on board all the relevant stake holders.
Delhi courts are stationed in three different complexes called Tis Hazari, Karkadooma and Patiala
by having stationed more than three hundred courts and 6000 staffers. Thus management of such a
huge setup is not possible through a manual system.
Initially the Indian government decided to make some of the metropolitan district courts as model
courts by computerization and by releasing them huge amount of money.152
After developing the basic infrastructure in form of software and hardware, the first step was to
create database consisting of all the pending cases. The same was performed by the court staff
themselves. The same consisted of name of the parties, particulars of case and list of witnesses.
Unique ID number was generated and assigned to each and every case.153 After computerization of
the record the same is used for generating daily cause list with a click of the button by saving time
and energy. The same is also published on the court web site in advance.
As the data is stored in computers, monthly and periodical statements are digitally obtained and
there is no need to go through the files and registers and make fresh entries in proformas. Another
important feature of the ICT introduction is that filing of the suits, appeals and revisions have been
assigned to central filing system.154 ‘Facilitation Centers’ have been opened at various locations that
receives fresh cases from the parties and lawyers. Singh has given the account as:
“As soon as a matter is filed, it is given a unique number; the first digit denotes the Court
Complex like ''1'' stands for Tis Hazari, ''2'' stands for Karkardooma and ''3'' stands for Patiala
House. The next six digits denote the number of case and last four digits after ''/'' denote the
year of filing. The type of case is mentioned in the beginning and a normal case
152 ibid 153 ibid 154 See above at number 151
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number generated by the computer looks like ''Civil Suit No. 1756/2005''. In this number, the type
of suit is ''Civil Suit'', ''1'' stands for Tis Hazari and ‘756’ stands for the particular case number
and 2005 is the year of filing. The numbering digits can go up to six digits, so that the future
needs of filing have been also taken care of.155
It important to note that after assigning case number to each of the file it travels with it for the rest
of its life and the same can be traced instantly at any time even after its final disposal. Whereas, in
the manual system it is very cumbersome to trace out old record and sometime months are required
to go through the old debris in the dark filled record rooms. The public relation officers has always
ready hand information to tell the litigant public the lawyers as where is the record lie, its pending
status and transfer etc.156
Similarly the automatic allocation of cases is another feature of the system working in the Delhi
district courts. After feeding the system with basic information about the case, the same is given a
unique ID number by the general registry and then the same is assigned to a specific court keeping
in view nature and jurisdiction of the case. This is done instantly and the filer is intimated on the
spot as to go to a specific court. However, the district judge has the overriding powers to cancel the
computerized allocation and order otherwise. This power is used very seldom.157
The digitization of the process serving agency has also been done in the project. The daily summons
issued form the courts are being entered in the central computer and then the same is assigned to the
concerned process server by the system itself. The daily performance is judged by the system as
whether the old summons have been served or not. The same data can also be accessed by the
presiding officers. Keeping in view the daily feedback of the process servers, weekly, monthly and
quarterly reports are being generated by the system that judge the performance of the concerned
P.S. According to Mr. Singh this experience has been very effective in bringing improvement into
155 See above at number 151 pp 12/13 156 ibid 157 See above at number 151 pp 13
113
the process serving agency. Muharrir of the court can also access the process server daily record as
how many summons and notices have been issued and how many have served and with the data of
unserved ones as well.158
Similarly the record and daily business of the accounting branch is also gone to computer and it can
be assessed as how much fines and other fees have been collected and how much has gone to the
payments and receipts and deposits in banks as well.
Digitization of the disposed off cases is a big issue everywhere. In this regard Delhi district courts
have digitized the same. As per statement of Singh proper care has been taken by adopting specific
rules in this regard. Space and time has been saved by doing so. Back-up system has also been
developed so that if the main data is lost, an alternative should be there.159
Another important step that has been taken is that judges have been provided computers at their
chambers. The is connected with the superior courts through intranet. It is used for writing of order
and judgments and is facilitated with email as well so that data can be passed from one system to
another.160
Copying agency is no more dumped with paper piles with long queues of the litigants to get copies
of the files and orders. Thanks to intranet facility at district courts of Delhi, the clerk takes a print
copy from the main system and the same is handed over to the applicant instantly on nominal fee.161
Dedicated email server has been developed for the district judiciary that caters the need of the
judges to transfer their judgments from one court to another. Similarly court circulars are also
communicated through this email facility by avoiding the labour of printing, copying and
distribution among various courts by the lower staff.162
158 ibid 159 ibid 160 ibid 161 ibid 162 ibid
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Digital record of the court staff in all respects has been made computerized. The history of transfer
posting, tenure, promotion and retirement is dealt with by the system and a lot of time is saved in
tracing out the paper record along with annual confidential reports.163
Automatic generation of court notices, summons, warrants and other issuances posed a great time
consuming phenomenon for the muharrirs. It was prone to errors and exceptions as well as resulted
in delay in serving of the court orders. However, after arrival of the digital system, muharrir is
being helped by the computer now. Whenever, he is required to issue a notice, summons or warrant,
he is required just to click the name of the concerned witness etc and then select for which purpose
he is required, then automatically a print will come out in a legible format that is handed over to
process serving agency for service.164
The use of digital signatures is also been used in order to ensure the security and privacy of
transmitted data form one system to another. Thus a judgment once digitally singed it cannot be
tempered with later on by other persons. This option is being considered to be used for transmitting
bail orders to the jail superintendents.165
In order to facilitate a well-organized presentation of information, a web site titled
www.delhicourts.nic.in has been designed and launched by Mr. Singh. The perusal of the same
reveals that it offers one window approach to comprehensive information. It provides feedback for
various topics ranging from the history of the courts to downloading various application forms. One
can search the links for various superior courts as well public and private legal entities. Jobs offer,
bills and tenders are also posted thereon. The daily cause lists for various courts and important
judgments are found. Pleading forms, bare acts, online enquiry facility is also provided thereon.
163 ibid 164 ibid 165 ibid
115
Service rules, statistics, monthly and annual reports are also published. There is also special area for
the member who can provide valuable services by providing their feedback.166
For the future plans it has been proposed to construct full-fledged e-court connected with video
conferencing facility in order to record statement of accused that are stationed in jails. Also to
record testimony of witnesses who are living in far flung areas or abroad and cannot attend the
court. The same can also be used for exchange of views among various sections of legal
paraphernalia. In line it is proposed that interactive voice response system be installed for lawyers
and litigant public so that they get required feedback by using their voice through mobile or
telephone.
Visiting relevant courts and getting updates regarding the pending cases is always a headache for
busy lawyers who engage their clerks and junior counsels for the purpose. Moreover, it also adds to
rush and crowd in the court premises which further adds to the already suffocated environment of
kutchehry. Through this system, the counsels and other stake holders will get timely short message
service through their mobiles and will be in better position to get prepare themselves for the coming
dates.167
The last step that is proposed and will be taken by the Delhi district court is to provide facility of
electronic filing. This will facilitate the lawyers to file their suits and petitions round the clock from
any location and get necessary feedback. The closing lines of Singh article reads as
‘In the end, it is reiterated that we have a vision to become the first District Court in India to be
fully computerized before the end of 2005 and to achieve this target we are working tirelessly.’
The above discussion clearly shows that information technology has fully been utilized by the Delhi
district courts in order to facilitate their judicial business and impart justice to litigant public with
relative ease, less energy, and being time efficient. Besides, it is also used to manage court
166 ibid 167 This system is already installed in sindh high court and is working well for the last two years.
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resources efficiently. Constant renovation and absorption of new ideas are implemented for
bringing more transparency and efficiency.
3.6.1 The concept of E-court in India.
The above lines have clarified that ICT has penetrated in the Indian court. Actually, e-courts is the
part of national e-governance plan (NeGP) that was launched in march 2006 with basic aim to
provide all government services to the common citizen in his locality through common service
delivery outlets and to ensure transparency, reliability, affordability, and efficiency in order to
address the basic needs of the citizen.168 The perusal of the list attached with the NeGP reveals long
queue of various socio-economic departments including e-courts as well. Thus it is the part of
national strategy to introduce ICT in national courts as well to bring them at par with other organs
of the state.
In india thee are 15000 courts spread over in 2500 court complexes with a pendency of roughly 30
million cases. Pandurangan says
‘Need was felt to make the program of ICT enablement of the Indian judiciary mission critical.
Implementation of the same was proposed in three phases in a time period of five years. The project
scope is to develop, deliver, install, and implement automated decision making and decision
support system in 700 courts of Delhi, Mumbai, Kolkata and Chennai; 900 courts in the 29 capital
city courts of states and 13000 district and subordinate courts.’169
The action plan envisioned the following
--- To assist the administration of justice by streamlining their day to day business.
--- To reduce court pendency.
--- To provide access to court information.
--- To provide judges access to judicial and legal database.
168 Pandurangan, E-justice – Practical Guide for the bench and bar, Universal Law Publishing, 2009, Delhi 169 Ibid pp 80
117
Some eight services have been aimed to be provided by the e-court system in which online access to
judgments, cause list etc, e-filing, notice through e-mail etc. are included.170
3.6.2 Tele-justice
The concept of tele-justice has been coined in recent time thanks to the frequent use of various
IT products in the justice sector. Mr. Panduranagan has put the same in words
‘It may be as simple as two judicial professionals discussing a case over the telephone or as
sophisticated as using satellite technology to broadcast a consultation between providers at
facilities in two countries, using video conferencing equipment or intranet technology. The first
one is being used by majority of judicial officers whereas the latter one is used by various court
of the country.’171
The main argument behind the tele-justice has been that as the IT has sufficiently penetrated in
the urban as well as in the rural areas, hence, the same should be used for imparting easy and
cost effective administration of justice both qualitative and quantitatively. In this regard two
technologies has been identified in the use of tele justice system. The first one is called transfer
of digital image and the second one is called interactive television/ IATV. The digital image is a
non-emergency facility. Digital camera is being used for capturing images and the same is sent
to other judicial officers/ stake holders for research, sharing of views and consultation purposes.
In some situations where the data is so much sensitive that can not be sent otherwise, then the
same is possible to be securely sent vide this mode. An example can be like to capture a specific
handwriting that is to be examined by an expert.172
In the second type of technology two way interaction is made when face to face consultation is
necessary. Video conferencing allow both sides to talk and see in real time. Due to moderation
in technology and decrease in price and complexity desktop computers are used for the purpose.
170 ibid 171 ibid 172 See above at number 168 pp 84
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‘skype’ is a new technology in this regard that is being used through mobile phones and laptops
in order to make facial and voice interaction at huge distance even in overseas.173
There are many benefits of the tele justice in India. The main use is that it has bridged the
detestable gape between urban and rural areas. Now it is not necessary to travel for long miles
in order to see lawyer or sign documents. The same can be done by information technology
now.
Another most striking feature of the tele-justice is that it has facilitated to examine jail inmates
form there through video conferencing (VC) link. At one side it save time and money and on the
other side it prevents security risk in volatile areas.
In this regard Patna High Court experienced positive results as the facility of VC helped the
district judiciary to clear the huge back log of old criminal cases as the presence of under trial
prisoner was secured through VC. In this connection the following data has been fettered by
Pandurangan
‘On the eve of a day as auspicious as independence day, the civil court at Patna and the Beur
Central Jail were connected through video conferencing and the trial began over the video link
form 16 August 2001. A total of 1077 UTPs had volunteered to record their statements and
resultantly 130 were released. A total of 113 cases were disposed of in short of four days and
135 prisoners got the benefit of pre-trial release. The second session from 6th September to 19th
September resulted in the release of 90 old cases.’174
3.6.3 COURTIS Project and Information System.
The court information system or famously called COURTIS is a bunch of software that was
designed by the NIC in order to integrate many judicial, administrative and miscellaneous functions
of the courts.
173 ibid 174 See above at number 192 pp 86
119
The same is in function and in initial stages. However, it is hoped that effective implementation of
the same will bring speedy disposal, harness efficiency, and affordability in coming days.175 The
following lines will explore various COURTIS systems and their functions:
3.6.3.1 District Courts Computerization.
In the year 1997 the initiative was taken to computerize some 400 district courts round the
Union on the line of High courts computerization project. Primarily it aimed
a. Transparent access to court information to the public and bar members.
b. To help the judges to streamline their judicial business.
c. To provide legal and judicial database to district judiciary.
In order to develop efficiency NIC has provided three tier training to the officials of district courts.
It included computer awareness programs for district judges, supervisory level training at NIC state
centers, and In-house training to the district court officials who work on computers terminals. All
officials have given training on district court information system (DCIS). This software is
responsible to take care of all the needs of the district courts.176
3.6.3.2 Judgment Information System (JUDIS)
This is a comprehensive system that is comprised of the supreme court and other high courts
judgments right form 1950 till date. This is a huge case law library and precedents can be searched
with reference to points of law, facts and sections of law and offences. It is open for all the legal
stake holders. It can be accessed from 750 points of NICNET spread all over the country. As per
stamen of Mr. Pandurangan
‘Implementation of JUDIS is a high water mark in the NIC’s novel project. All high courts are
interconnected through NICNET and most of them carry their daily case list on computer. Any case
175 See above at number 192 pp 88 176 See above at number 192 pp 103
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pending in the Supreme Court can be searched in the high court while using the system. It can be
accessed through URL www.judis.nic.in .’177
The judgments delivered can be searched and retrieved round the clock for litigant public and
lawyers. Apart from this, digitally signed copies of judgments and orders are also published on the
website that can be obtained by any one from any place. Although its authenticity is doubtless,
however, it can not be used as certified copy and the same can be done only attestation from the
copying agency only.178
3.6.3.3 E-Kiosk
The new information gadget called E-kiosk provides computerized information by touch screen
system. It has been installed in apex court at various points. This facility aims at providing court
information access to those who do not possess their own computer system at home or office.179
3.6.3.4 Model E-court.
The Indian also took initiative by launching model electronic courts in 2009 in Ahmedabad, Gujrat.
The inauguration was performed by the then chief justice of India, Justice KG Balakrishnan. It is
full grade e-court by employing audio-visual facility to record court proceedings and having to
police and executive simultaneously. This is a pilot project that was launched in Ahmedabad
sessions court in February 2009.180
Video conferencing for jail inmates is a salient feature of this project who are presented before the
court virtually. This is a unique experience in context of India that fully records court proceedings
that can be retrieved later on in case of any eventuality. After successful experience the same is
being extended to other states of India as well.181
177 Ibid pp 104 178 ibid 179 ibid 180 ibid 181 ibid
121
3.6.3.5 City civil court information system (CC-COURTIS)
This is a huge project that engulfs all the major cities of India. Its main objects are like to help the
civil courts in streamlining their day to day activities. To help the judicial officers in reducing their
pendency. Access to information to the stake holders. To cream legal and judicial data and give
access to the same for the judges.182
3.6.3.6 E-courts / Court Case Management Software.
This is an internet and web based project that helps court to monitor their pendency and disposal
from various angles. It shows as how many cases and of which category are pending in the court
and show its status for coming weeks.183
3.6.3.7 Status of Automation.
The automation done in district courts provides facilities like e-filing, recording of proceedings,
case list preparation, preparation of order/ judgments, issuance of notice and summons,
maintenance of office record as well as case record and tracing of the same, sending data on website
etc. The following online services are also offered besides184
➢ Judgments/ orders
➢ Cause lists
➢ Enquiry forms
➢ Contact information
➢ Tele hlepline
➢ Service rules
➢ Pleading and forms
➢ Jobs and tenders
➢ Bare acts
➢ Mission statements
➢ Personal information system
182 ibid 183 ibid 184 See above at number 192 pp 108
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3.6.3.8 Payroll system.
This system is meant to generate monthly payrolls for the employees of the district courts, all sorts
of schedules, pay slips, and calculation of arrears.185
3.6.3.9 Budget Monitoring System/ BMS.
This is being used in preparation of the annual and periodical budgets showing total costs and
expenditures on various heads. MS access data database is being used.186
3.6.3.10 Personal Information System
This system is used to assess and management the service record of the judicial officers at high
level. Among other things it denotes
o Gradation list
o Zone wise list
o Age wise list
o Promotion list
o Posting list
o Performance list
This is placed in confidential branch of the high court and is being managed by software of
Fox plus.187
3.6.3.11 Certified copies delivery system/ CCDS
This is used for scan save retrieve system for judgment and orders of the courts so that the same is
being printed out and handed to the needing fellows by the copying agency.188
3.6.3.12 Library Information System.
This is system is being used by the high court to search the available books and journals through
this is system that are available in the court.189
185 ibid 186 ibid 187 ibid 188 ibid
123
3.6.3.13 Disposal information system.
This software generates daily, bi-weekly, monthly, quarterly, and annual reports regarding pending
and disposal in a specific court. This further used for evaluating performance and other ancillary
things of the district judiciary.190
3.6.3.14 Vigilance Monitoring System/ VMS.
Through this system member inspection team are in a position to monitor complaints against the
lower judges and tackle them properly.191
3.6.3.15 Work Monitoring System/ WMS.
As the population expands so is the judiciary. New buildings are constructed and the old one are
refurbished on periodical basis. Thus this system facilitates the proper management of all such
project in the high and district courts.192
The above mentioned discussion points to the fact that India has taken miles by introducing ICT in
her justice sector. But as per the statement of Mr Pandurangan a lot is yet to be done as the financial
information system as well as management information system has to be configured with court
information system so that a time efficient and cost effective justice system comes into existence.
Initially information technology was used in Australia in form of basic office software some three
decades ago.193 Later on in 1980 case management system was introduced in order to tackle
backlog in civil courts. however, later on due to some happenings this system was also extended to
criminal jurisdiction as well. During this time two important events took place that paved the way
for information technology in justice sector. Firstly the huge financial collapses of corporate
organization compelled the courts to manage volumes of records. Thus softwares like litigation
189 Ibid 190 Ibid 191 ibid 192 ibid 193 Jell and Wallace; technology for justice; 2000 , Res. J. AIJA 2001 3
3.7 Information Technology Trends in Australia.
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support and presentation packages were prepared in the electronic court rooms. The second factor
was the need to take evidence from vulnerable witnesses i.e. child, at a distance through some
modes. This created the input of video conferencing.194
In the last few years Australia has seen such an unprecedented growth in court use of technology
that it has become daily part of work. Web browsing and internet technology has gone sky high.
This proliferation of court websites and need for e-filing has changed the legal landscape and new
dimensions of judicial business are being discovered.
3.7.1 E- Court Room
In Australian jurisdiction electronic court room have successfully been developed for recording of
evidence through technological means for more complex and lengthy litigation cases. However, at
the end of each such like trial, the court was disbanded and the same could not be pursued further.
In 1998 there was a genuine desire that electronic court rooms be expanded to all the courts of the
country for long and complex trial proceedings.195 Now each of the jurisdictions in Australia has at
least one e-court room or more in other areas.196
The situation has changed a lot. Many courts have access to comprised of semi-portable, easy to
install and port, a lop top, CD-ROM burner, a document camera, scanner and allied cablings.197
These changes show that technology is being crept into the justice system through various means.
Now the common courts also try to take use of the technology by making it suitable to the
proceedings rather adapting the whole system for the purpose. An example can be cited that of use
of document imaging and scanning in the court room that can be used for normal cases as well.
194 ibid 195 Sue Megovern, Director of Information Technology Consultancy Supreme Systems quoted in ‘Digital Technology has its day in the court’ by B Howarth, The Australian , Tuesday Sep 15 1998, ‘computers the cutting edge’, 3. 196 See above at number 193 197 ibid
125
Now it is possible that some of the courts use video conferencing facility for recording of evidence
at distance, other involve data processing systems whereas in some of them rely on portable
technologies.198
3.7.2 Management of Pre-Trial Proceedings.
The use of technology is not limited to the extent of case management only, it can be used for pre-
trial proceedings as well. As the lawyers have been given an opportunity to fix the dates for next
hearing so that the court can hear the cases in a feasible time and place with the bar members. This
system is in working in Queensland Supreme Court.199 The Federal Court of Australia has taken the
initiative to introduce online court providing an opportunity to the litigant public to use email and
video conferencing for making contacts with the court in court proceedings.200
3.7.3 E-filing.
Electronic filing is much stressed in the Australian jurisdiction. The same is presumed to help in
reduction of errors, reduction of costs and help in giving other beneficial impetus to the judicial
system.
Electronic filing meant for so many things, like high-tech or partial aid to proceedings. It can
include documents sent through emails, printed out then and placed on file, or it can also means
documents sent form a law firm and then automatically integrated into the court system.201
The existing system provides for e-filing but the same are based on dial-in connection for
downloading of data i.e. police stations send data in bulk in traffic violation and the same is
downloaded while using the dial-in connection. However, now the full fledged internet technology
is being used for the purpose and in the future the whole reliance is seemed to be placed on this new
technology.
198 See www.courts.qld.gov.au/aboiut/technology.htm (last visited on 20-12-2012) 199 See www.lawnow.com/supremecourtservice/policy.htm (last visited on 20-12-2012) 200 See www.sourceofcoram.com (last visited on 20-12-2012) 201 See above at number 193
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In this regard the only reliable system that has developed is that of VCAT i.e. Victorian Civil and
Administrative Tribunal.202 It enables stakeholders to send data online in cases relating to rent cases
like landlord and tenant. Cases can be submitted directly to the court computer and thereafter its
progress can be viewed through computer form anywhere. This system has been adopted by other
court while making their specification and modifications.203
Further innovation has been introduced by XML use in form of document definition, conversion
and authentication. Through XML technology it will be possible to use data across various
jurisdictions and various software platforms.
3.7.4 Real Time Transcript.
The most glaring achievement of e-court technology is real time transcript. It means the ability of
court reporter to use a computer assisted steno machine for record and displaying testimony of a
witness simultaneously when the words are uttered from the mouth.204
The benefit of this system is that the testimony is available immediately and there is no need to go
through the lengthy and cumbersome process of writing the words on paper and then transmitting
the same to computer screen and thereafter making correction etc. Once it is recorded in e-format, it
can be searched sorted, analysed and indexed as per requirements of judges, counsels and parties.
The only string associated with this system is costliness as one have to bear the costs of high-literate
stenographer who will transform the voice into computer recorded words.
However, keeping in view the emerging more sophisticated technologies, now it is possible to use
Microsoft speech to write software in compatible window system that replaces the role of human
stenographer.205 However, in coming days it is possible to see multiple technologies to record court
transcripts via audio video conferencing as well as through stenoFigureer machine or selecting both
202 See www.vcat.vic.gov.au.vcat_online.htm (last visited on 25-12-2012) 203 ibid 204 Oskamp Anja, IT SUPPORT OF THE JUDICIARY, TMC ASSER PRESS, The Hague, 2004, pp 24 205 Victorian parliamentary law reform committee as cited in supra 202
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the process as per needs of the court.206 Two other means are also possible i.e. provision of the court
transcript via the intranet facility or using web based email system.
3.7.5 Video-conferencing.
Australia is the only jurisdiction that has taken the lead in introducing video-conferencing in court
system.207 This is because Australia is a large state and people have to cover for miles in order to
reach court. This facility is used for various purposes like to take evidence for an overseas witness,
to hear expert evidence, to give remand and pass on sentences.208
As the technology is become more efficient and affordable, so is becoming the linking technology
setups. However, there are still some handicaps like establishing an ISDN connection and quality of
voice and picture signals at the time of conferencing proceedings.209
However, the drawbacks can be removed by suing desktop video conferencing over the internet.
Similarly, better compression software, high speed internet connection, all these means that future
will see more flexibility in terms of video conferencing technologies.
Minor objections have been expressed on the use of this technology; however, no big challenge has
surfaced till date in the way of video conferencing.210 But one thing is important for the courts and
that is the control over the technology. Proper legislation, guidelines, directions and exchange of
confidential information, camera control and even the video links are such issues that needs to be
looked into details before fully embarking the technology for use.211
Experience in UK shows that video conferencing is being planned to take the form of a virtual court
in a real form.212 Even at one occasion the video conferencing facility was used to bring an online
206 See www.open.gov,uk/led/consult/itstrat/civocon.htm (last visited on 25-12-2012) 207 Guen, Court Room Audio, Video, and Videoconferencing, National Centre for State Courts 1997 208208 Address of D. William to Australian institute of judicial administration technology for justice conference, AIJA, 1998 209 See above at number 202 210 Australian Law Reform Committee, Technology what it means for federal dispute resolution, paper no. 23 1998 211 See Tasmanian court link via www.tas.gov.au/magistrate/general/videoconf.html (last visited on 25-12-2012) 212 See Lord Chancellor’s department consultation paper available at www.open.gov.uk/led/consult/itstrat/civon. htm (last visited on 25-12-2012)
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magistrate to another court whose officer was on urgent leave thus providing a room to decide the
rush of work from a distance while using video conferencing technology.213
The same factor is also guessed for the jury members as well who will gauge the court proceedings
from distance while using internet enabled web TV and then giving their opinions through VC
facility.
3.7.6 Provision of public information.
Thanks to internet web technology nearly every court in Australia got their own websites to launch
multiple nature information for stakeholders as well general public. It includes as what can be
expected at court, court process access to court forms, contact information, and links to other legal
and educational resources.
The perusal of the same reveals that a very comprehensive set of information has been provided
through the same to it readers. Some of the courts have provided space in their websites that display
judge’s messages regarding sentencing as the same have caused misunderstanding in the past by
media reporting.214
The use of technology has pushed the debate towards making the court proceedings available on
television. This is because many courts are making available audio and video proceedings over the
internet.215 The federal court of Australia has used audio visual facility to published live court
orders on its website. Similarly, the New South Wales land and environmental court has taken the
initiative to provide transcripts of its hearing available ot the public through web site.216 Many royal
commission reports have also enabled the pubic to visit the websites in order to know the court
proceedings.217
213 See above at number 204 pp 27 214 See www.nt.gov.au/ntsc/remarks.html also www.aija.org.au/tech2/present.htm (last visited on 25-12-2012) 215 Stepnaik Danial, Court in the web, The impact of the internet on the cameras in court debate, Alternative Law Journal, 71, april 2000 25(2) 216 See www.lawlink.nsw.gov.au./lee.nsf/pages/ecallover (last visited on 25-12-2012) 217 See www.masrc.org (last visited on 25-12-2012)
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This audio visual publication of court proceedings would enable each court to broadcaster of its
own proceedings. However, this much of publication raises some of the basic issues of privacy and
control coupled with selection over the court proceedings. And the same needs to be looked into
and refined for further improvement in the justice delivery services.
3.7.7 Designing of It projects.
It is very much important that re-engineering of the old system and launching of the new one
requires proper management, planning, cost-vetting, rather alone technology.218 A team approach is
required by involving all the stakeholders like the judiciary, administrators and IT experts. If these
are on board then the thing will go smoothly creating more benefits for the system.
In Australian jurisdiction calls have been voiced to develop a generic system that is not tied to a
particular agency.219 Although some of the jurisdictions inside the country have tried to establish
such a system, however, developing a system that is not tied to any particular commercial software
company is not possible yet. In this regard the main issue is the non-availability of technical
resources with the court.
There are two leading IT developers in Australia that have performed well by providing software
for litigation support. On is called ASIC and the other is DPP.220 Some eleven projects out of ninety
nine have been completed through these systems. Similarly, the Victorian office of public
prosecution has also developed a system called the electronic crayon system which is a glaring
example in this regard. It has been designed for those who have minimum computing skills.221
Two things are important in this regard. Firstly, the development of pilot project is considered to be
most secure option for such like exercises as changes and modification can take place
218 See at number 204 pp 35 219 ibid 220 Ibid, pp 37 221 Melinda Brown, legal technology winners [12] 2000 , Law Institute of Victoria, No. 12,3
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intermittently. However, it is important that much reliance on the commercial software provider
hampers the possibility of courts to develop their own systems in the long run.
3.7.8 Case management.
In Australia the trial starts long before it reaches to the court table. In the meantime technology has
a role to play. In the last thirty years Australia has taken an edge in comparison to other
jurisdictions like USA, and has employed information technology in a better manner to manage
case progress.
In this connection well integrated case management system facilitates the courts to efficiently
allocate resources, schedule cases workloads, time management, categorization of cases etc.222
Through this system, information can flow across the stakeholders desks as per their needs.
Case management is a dire need in Australian courts and the same is felt with genuineness. The old
legacy has already proved to be inflexible to embrace the modern technology. However some of the
courts have tried to switch to the CMS software. The main hurdle in the way is less resources and
enormous pendency. Moreover, the absence of a reliable common technical standard is also a main
hurdle in this way.
3.7.9 Judicial support system.
In order to provide multiple support facility to judicial system, various packages have developed
that aim to provide information access to over court intranet, to research information, like bench
books, sentencing information system, court bulletin, administrative circulars etc.223
In this connection sentencing information system developed by the judicial commission of New
South Wales is considered as global leader in this field. It is a computerized database that provides
222 See above at number 204 223 See above at number 202
131
for various kinds of information for judges to create uniformity while announcing punishment for
various offences. In this connection famous systems are SIS and JIRS in South Australia.224
The above discussion can safely be concluded that information technology is playing important role
in giving new shape to the working pattern of Australian judicial system. The role of Australian
Institute of Judicial Administration to hosts a biannual technology for justice conference is also
relevant at it provides an opportunity to the law and technology experts to come together form
various jurisdiction of the world and share thoughts and experiences for the purpose. The leading
role of US National Center for States Courts in the area of IT is also followed for wider impacts on
the courts work.
The modern judicial system of Singapore is thankful to chief justice Young Pong How who
converted the age old archaic and inefficient system into modern, vibrant and world class judicial
system due to introduction of ICT tools in its ranks and files among other things.225 One of the main
aims of the justice was to clear the huge back log pending in the court. And in this connection case
management system was introduced. That meant to monitor every action and aspect of the litigation
so that the matter is resolved in time leaving no room for ‘go to sleep’ factors.226 As every act and
all the information was stored in big paper books providing no room for search and accumulation of
statistics and data, this factor paved the way for introduction of technology in the judiciary.
Following are the three picture of the old and new system,
224 See www.judcom.nsw.gov.au/dublin.htm (last visited on 25-12-2012) 225 Karen blochlinger, primus inter paris, is the Singapore judiciary first among equals? 2000 policy rim law and policy journal association. 226 See above at number 217 pp 48.
3.8 ICT in the Justice System of Singapore.
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Picture 5: Record Room of a Singapore Court
Source: www. Lawgazette.com 227
Picture 6: E-Court in Singapore
Source: www. Lawgazette.com
227 E-litigation, the Singapore experience, at http://www.lawgazette.com.sg/2001-11/Nov01-focus2.htm This first picture show the record room where the files are piled up in boxes and a man is there to find out relevant data
by physically going through all the laborious exercise.
133
Picture 7: E-Court in Singapore VC
Source: www. Lawgazette.com
In pursuance of the desire, a case management system called civil system was adopted. It is a
simple main frame system that contains all the important information and statistics regarding case
particulars. This system was devised in such a manner as to detect any sort of abnormality in the
process of the case. Strict compliance was made of the system that resulted in clearing the huge
back log and now a case can be processed from six months to an year time.228
3.8.1 Developing e-litigation system.
For this purpose six areas were selected to be included into e-litigation process. These included
• Trials and hearings
• Filing of court documents
• Access to judicial data
• Service and summons
• Intra-court communications
• Research
228 See above at number 204 pp 49
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As all these areas were based purely on paper based system, transfer of the same to computerized
one, was not an easy task. At first it was planned that stress should be placed on e-filing,
processing, retrieval and storage of court document. For this purpose complete electronic court
rooms were prepared to conduct proceedings in the new environment. The litigation in online
environment meant that equipping court rooms with physical infrastructure was also needed. Online
litigation system without proper facility for legal research is useless. Thus without the same, one
have to go through the old papers and see the relevant legal information thus defeating the very
purpose of e-justice system.
3.8.2 E-trials and the arrival of technology courts.
For conducting e-litigation it is necessary that necessary physical support i.e. infrastructure be in
place. Thus it was felt that in order to fully utilize the technology benefits, access of the same
should be given to all the stakeholders so that information fows across the system freely and they
appreciate the changes for imrovment of the system.229
The first ever technology court was established in singapore in the year 1995 called ‘technology
court 1’. This court employed audio-visual technlogy and digital recording system that let an idea to
the judges as how the trial can be conducted in a fully on line environment. The success of the first
court room prompted the establishment of “technology court number two” as well. The salient
features of the technology court room are
• Control of proceedings
• Evidence presentation
• Recording of proceedings
• Taking of evidence
.
Now the court officer is in better condition to control the court proceedings with digital cameras.
The video projection system is capable of projecting data from other sources and then displaying
229 ibid pp 52
135
the same on big screen for perusal of the court. Counsels can use their laptops for presentation of
evidence. Whereas, the videos and computer animation can be perfomred to resolve more complex
cases. Moverover, displaying pictures also facilitates the resolution of cases as the same is easier in
comparison of describing the same in words. The faicilty of video conferencing is also used for
recordin of statement of far way witnesses who will be able to attend the court without undertaking
long travels and incurring huge expenses.230
‘the use of the technology courts brings with it many advantages. First and foremost, it presents
more effective methods for counsel’s presentation of cases. There is efficeint control of court
proceedings by the court officer with a singel control panel. Threre is added convenience for the
lawyers, who are able to dial up to their office servers or the internet for on line research from their
laptops. Members of the press can email stories back to their headquarters immediately. The
technology courts symbolise Singapore’s model court room in the 21st century.’231
3.8.3 E-Document in Court-Room.
Right from 1998 all the criminal appeals before the apex court were heard while using e-document
system. The lawyers were encouraged through demonstrations and presentations to convert to the
new working system. In this regard trained court officers provided ample training opportunity to lay
their hands on learning of electronic documents handling.232 For this purpose the court of chief
justice was properly renovated and fitted with modern devices. This process was slowly and
gradually extended to all the court room and now the litigation is being conducted via e-document
system. With the help of this new electronic document system, the whole legal landscape has been
transformed from ‘Paper Mountain’ into ‘electronic super high way.
230 In connection statements have been recorded from stations like USA, Switzerland, Netherlands, Japan, UK etc. 231 See above at 204 pp 53 232 See above at number 204 pp 54
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3.8.4 E-filing system.
The e-filing system has completely changed the existing judicial scene as now things are being done
on click of button. The unnecessary physical movement of the humans and other materials have
been restricted. Electronic filing affects all the allied components of the judicial system by
including filing, extracts, service and information services.233
As far as filing is concerned, the same is done via the web based front end system. The law firms,
now can file their documents while sitting in their own offices on 24/7 basis. ‘Presently, over 80%
of documents are filed electronically by more than 300 law firms via the web based system. More
than 750000 court documents have been electronically filed to date. On average, 2000 documents
are processed daily through this system.’234 Two outlets have been established one in the Supreme
Court and the other in the subordinate courts to receive documents for e-filing from those
individuals that don’t have access to internet system.
In electronic extract system, lawyers can have copy of the court record either through internet
access or to receive the same through e-mail system.235
The next system is that of e-service facility of the documents. Now a law firm can serve legal
documents on another with a click of the button. These are mailed electronically as were done in
traditional manner. The digitally generated receipt is considered to be valid as per rules. Among
other benefits, now a dispatch clerk is not supposed to go here and there in order to serve
documents and thus manpower and energy is being saved. The e-information system provides a
legal database that is being searched by the legal professionals for extracting relevant data. This
includes all the ‘lawnet’ search options.236 The e-filing system encompasses the following
components;
• Key management system
233 ibid pp 55 234 See above at number 204 pp 56 235 ibid 236 ibid
137
• Workflow management system
• VAN operator filing processing system
• Web-based front-end system for law firms
• Service system
• Oath commissioner system.237
In a nutshell it can be claimed that apart from other benefits the electronic filing system provides for
the following benefits in favour of the justice system238
➢ It improves efficiency by minimizing paper flow in the system
➢ Court can keep a watch on the life span of a case.
➢ Concurrent system that provides an opportunity to various stack holders to examine the
progress of the case.
➢ Quick documents filing and retrieval
➢ Round the clock filing service
➢ Faster response system.
3.8.5 LawNet--- a valuable legal database.
Lawnet is a national database providing various kinds of legal information ranging from
practitioners toolkit to land information system. It encapsulates all the efforts to create national
legal database with a higher degree of standardization and being user friendly. The introduction on
its interface reads as239
‘LawNet is a one-stop practice portal providing a complete suite of information and transactional
solutions for the Singapore and global legal community. A service provided by the Singapore
Academy of Law, LawNet comprises several modules for supporting legal research (called the
237 ibid 238 ibid pp 63 239 See http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=1 (last visited 27-12-2012)
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Legal Workbench), due diligence, litigation and conveyancing. It is the authoritative source of legal
information, with data directly provided by primary and secondary sources of law in Singapore and
around the Commonwealth.’
The Practitioners' Toolkit is an application that allows users to research and access up-to-date
Taxation of Supreme Court Bills of Costs. This database contains the summaries of taxed bills of
costs for cases from 2004 onwards. Users can perform searches by bill number, type of bill, amount
claimed, duration of trial/hearing, subject matter and more in a single integrated interface.
3.8.6 Training
LawNet maintains a well-equipped training centre that is conveniently located in the Supreme Court
Building.
The LawNet Training Centre (LTC) is positioned to meet the training needs of the legal profession.
Courses are tailored to provide hands-on training for the wide range of legal information services
offered by LawNet, and software workshops on new developments in Law. LTC also offers
business efficiency courses to help lawyers, paralegals and secretaries.
At present the following modules are being offered by the lawnet
• Due diligence
• Legal research
• Free resources.
The due diligence is an integrated database that provides an opportunity for research/ transaction
across multiple destinations like Supreme Court, and accounting authority. Similarly one can also
139
search for various categories of cases like execution petitions, probate, companies information,
appeals and insolvency right from the supreme court to the lower court.240
The legal research option provides an opportunity to go through the legal data bases of England,
Singapore, Malaysia, and Australia. The same can be used for searching reference materials,
legislation and parliamentary reports.
The free legal resources includes links various law links like Singapore law watch as well
international law links e.g. ASEAN law association and UK and EU laws.241
The above discussion reveals that lawnet is a well integrated legal database website that provides an
opportunity to its visitors to get legal research materials and updates along with other relevant legal
and judicial information of the Singapore jurisdiction as well as that of the entire ASEAN regions
and Europe as well.
3.8.7 The Dawn of cyber court-era.
The above discussion reveals that Singapore has travelled the long way in order to achieve fully
integrated and electronic litigation system since its first inception from 1990 in the form of main
frame civil system.242 The imagination of a cyber-court is now a reality thanks to the latest
technology of video conferencing and other telecommunication tools.
The Supreme Court envisions to setup a new court complex where there will be a complete e-
environment. It is planned to fully utilize wireless technology in the courthouses. The proposed
multimedia recording system will record all the audio visual proceedings in the court and make real
time transcripts as well. It further says
‘There will be extensive use of video conferencing facilities, including video conferencing facility.
There will be centralized computerized resource management system which will manage the
allocation and looking of court rooms, chambers, meetings rooms, and other court resources. An
240 See http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=3 (last visited 27-12-2012) 241 See http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=4 (last visited 27-12-2012) 242 See above at number 204 pp 68
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info communication resource center will be set up. E-signatures, fully interactive information kiosks
and a digital video wall display in public areas will provide easy access to information on all
aspects of the Supreme Court. The new building will be an intelligent one in all its senses.’243
3.8.8 The final resort.
The above discussion leads us to the conclusion that Singapore has travelled a long way while
achieving its target that of paperless court system. It was not an easy task thanks to the resistance
from the judicial circles, however, once it was realized that without technological help the cause of
justice can not be achieved then all efforts were directed to achieve the target. ‘the Singapore
supreme court journey is a fine case study of how technology has helped in bringing about
effective, efficient, and economic dispensation and administration of justice. In all this process the
technology has played a vital role’.244
243 See above at number 204 pp 69 244 ibid pp 70
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Venezuela is a latin American state which is rich in petro reservoirs and for luxury beaches. For the
last two decades Venezuela has tried to invest in IT for justice with the cooperation of World
Bank.245 With the passage of time and since 1990 more and more stress has been laid on
introduction of information technology in the justice sector.246 The main focus has been on
transparency, efficiency, user access, system integration and legal changes.247
The actual process of ICT introduction was started in mid 1990s when the government decided
internet to be the national policy at all level.
At present the Venezuelan court have hardware and software access of higher level. ‘The supreme
tribunal of justice (TSJ) operates and uses ten servers using latest windows as the OS, over a a
thousand workstations with modern and fast processors and printers.’248
The case flow management system is being used by the judges which is called JURIS. This is
system have civil and criminal version for all level of courts. It has the following features
• The presentation of interactive documents.
• Production of statistical reports
• Case load information system
• Addition of information to database
• Integration of information in the database
• Case delay warning system
• Case load information
• Avoiding repetition of data
• Sending cross organizational information.
245 Waleed Haider Malik, ‘judicial reforms in Latin America. Towards a strategic use of I T’. 246 See www.tsj.gov.ve (last visited 27-12-2012) 247 See above at number 204 pp 71 248 ibid
3.9 ICT in Courts of Venezuela.
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In this regard another case management system is also used which is called TEPUY XXI. This
works for the Supreme Court and is also linked with above mentioned JURIS. TEPUY has various
functions like event and record description, maintenance of e-diary, timeliness, scheduling, etc. The
Supreme Court uses various programs like e-filing, scheduling, and time standard. These have been
designed by external software company. A comprehensive internet portal i.e. www.tsj.gov.ve has
also been launched that provide comprehensive information regarding various things. This has been
developed by the Supreme Court itself. The salient features of TSJ website are administration of
contents, management of custom relationship, business intelligence, organizational integration and
knowledge management.249
3.9.1 IT introduction.
The IT projects for judiciary can be initiated by any organization including the judges, TSJ, private
organization etc.250 Two things are restrictive in context of Venezuela i.e. there is not sufficient
funding available and secondly there is resistance to change. Another important feature is that of IT
impacts on legislation. Recently the criminal procedure code was amended and it was argued as
how email messages will be interpreted in the process of investigation.
3.9.2 What trends in IT?
As globe is heading towards electronic environment in each and every walk of life, justice sector is
not an exemption. Information provision to citizens is one of the main issues. This is done partly
done by the case management system and partly through internet. Through a subscription scheme
information can be retrieved through SMS while sitting at home.
The detail perusal of the Venezuelan justice system reveals that much stress has been put on the
internet. There are new web portals by using XML, WAP, SMS, Linux technology.
249 See above at number 204 pp 75 250 ibid
143
3.9.3 Knowledge Management.
Much stress is also laid down on knowledge management as well in the form of legal information
management, Knowledge management system, knowledge departments and use of statistical
information. Sharing of legal information is done through various ways like internet; it has already
stated that comprehensive database has been launched in the form of www.tsj.gov.ve , training
centers, e-learning centers. Similarly tele-services and virtual court building have been established.
The main purpose of all these services is to provide more information to more people in order to
bring them closer to justice process. Some of the examples of online centers are ‘Center for
Document Information and ‘the Citizen Orientation Office’. Moreover, jurisprudential databases
and expert chains have also been launched in line.
Technology is playing a vital role in Norwegian judicial system since late 1980. Form the day first,
a centralized approach was adopted that aimed to provide same technological support to all the
courts.251 This initiative made the Norwegian Courts as one of the first jurisdiction in the world to
use the information technology broad scale. The same has been quoted in the council of Europe
meeting in words
‘There is hardly any country in the world where you will find a more uniform and widespread use
of computers in the courts of justice than in Norway.’252
The post internet period saw a rise in the IT strategy for the courts and new development took place
gradually.
3.10.1 The first phase of IT in Norway.
The actual impetus behind the introduction of information in Norwegian jurisdiction was the reform
in the land registry branch. An agreement was entered upon with a private firm to design necessary
251 See supra at number 204 pp 77 252 ibid
3.10 Information Technology in Norway Justice System.
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software, hardware and shelf ware. In return the same company was given monopoly over the land
registry information for a certain period.
This experience achieved two aims. Firstly, the budgetary restrictions were accommodated and
secondly the practical implementation problems were also handed over to an independent executing
organization.253 Later the same company was acquired with state resources. Thereafter, a new state
courts IT service was also introduced that under took various IT relevant reforms in the court
structure.
The technical infrastructure of the system that was chosen was LINUX machines with x-window
system and a WordPerfect as a standard package.254
The reforms that were affected in the land registry were that data was entered in the local database
by a company called ‘Tinglysingsdata’. 255 The same is converted to the main database in the
evening. This database is official and access to it is restricted.256
Similarly, the case management system is also used by the court staff. This shares their burden of
doing everything on manual basis. This is used for all sorts of cases except land registration,
marriage, notaries and guardianship cases. One of the particular feature of the system is that data
entered in the system is not shared with other courts. And all the district courts and courts of
appeals use their own system.257
3.10.2 Information Technology Effects.
The foremost effect of the introduction of information technology was the reduction of staff
deployed in various courts. This number came out as thirty per cent of the total staff members.
253 ibid 254 ibid see above at number 204 pp 83 255 See http://www.statkart.no/Tinglysingsdata+fungerer+igjen+som+det+skal.d25-SwZLU4B.ips (last visited on 28-12-2012) 256 ibid 257 ibid
145
Test of this model was such as to record time spent on performing tasks over a period of two
months. For each of group of cases the average time consumed was calculated based on the
empirical data.
However, this model did not produce the desired results. It was also criticized on the ground that a
uniform formula is not application to all the courts as some of it faces more complicated cases in
big cities.258 Statistical data is being collected and then published on periodical basis by showing
the actual institution, pendency and overall disposal.
In each court there is facility available to generate data regarding the total filing, disposal,
pendency, and the total time consumed on the hearing, the disposal of oldest cases as well as the
total backlog of cases.259
3.10.3 Lovdata.
The Lovdata foundation was established in the year 1981 to provide for the legal information
system.260 Statutes and regulations are published on the web along with decisions of the apex
courts.261 The Lovdata also provide for statistical sentencing information on alcoholic driving
offences and narcotics cases.262
3.10.4 The second IT phase in Norwegian Courts.
There was little development after the first wave of IT in the Norwegian courts. However, situation
changes drastically after the introduction of inter net technology since 1995.263 New policy and
strategy was launched to introduce more IT in the ranks and files of the courts. The main features of
the strategy were
• Wide area network
258 See above at number 204 pp 87 259 See www.dostol.no/domstolene/index.asp (last visited 28-12-2012) 260 This was a joint venture of justice and the foundation publishing the compilation of statutes. 261 See http://www.lovdata.no/info/lawdata.html (last visited 28-12-2012) 262 See above at number 204 pp 89 263 ibid pp 91
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• Case management system
• Land Registry system
• Common judicial portal on web.
• Intranet system.
• Electronic mail system
• Accounting system.
Apart form the above two other systems were also developed i.e. court marriage management
system and Supreme Court case management system.
How the above mentioned are working, it will be discussed.
3.10.4.1 Wide area network.
This system is windows two thousands, Citrix, and combination of MS office package. The benefit
of the system is that each individual is given an email account and web address so that if a data
problem is arise it is solved more conveniently. This system has also been implemented in the
police and prosecution departments as well so that data is travelled intra departmentally more
swiftly and with data protection policy as well. For this purpose well encrypted lines were
established through WAN.
3.10.4.2 Intranet.
Although no intranet facility has been installed in the Norwegian courts, the Norwegian courts state
IT service has allowed each court to establish its own intranet system.264 This opportunity has been
clinched by big courts by launching their own intranet system. After the establishment of national
court administration, it has been planned that a single intranet should be developed for all the
courts.
264 See http://www.domstol.no/en/Domstoladministrasjonenno/About-the-National-Courts-Administration-/ (last visited 28-12-2012)
147
3.10.4.3 Land Registration.
In order to fully digitize the land registration, it was decided to transfer all the land matters to
mapping authority from the land courts.265 The project completed in 2010. The same was described
by the director general of mapping authority in words
“ Within 2010 we are supposes to have digitalised all the registration so that almost all the transfer
from the banks, real estate brokers and lawyers shall be done electronically. The aim is that 80 % of
80 % of our registration shall be done this way. This is important to us, and it is extremely
demanding as we are also dependent on the acceptance of the marked– and I will be glad to come
back to you in 2011 and say: Yes we managed.” 266
3.10.4.4 Web portal
In order to keep in touch with the on-going changes across the globe, the web portal has been
launched for the courts and the same can be visited via www.domstol.no . This site hosts various
sorts of information regarding courts, on national courts administration as well as statistical
information.
Each court in Norway is at liberty to launch its own page by integration the same with the main
portal. Also each court has the authority to setup information for the litigant public and the
media.267
3.10.4.5 LOVISA
This is a new case management system for the district courts and the court of appeal which is in
operation since 2001. Main aim of LOVISA was to introduce electronic communication between
different courts and between the courts and other stakeholders. Thus to implement e-communication
on a larger scale.268 The salient features of the system are that one central database has been
established which is accessible by all the courts getting relevant information for their own use.269
265 See http://www.fig.net/pub/fig2008/papers/ts04a/ts04a_04_froestrup_2943.pdf (last visited 28-12-2012) 266 ibid 267 See above at number 204 pp 95 268 ibid 269 ibid
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Further, work is being undertaken on the option of e-filing as well as communication between the
courts and the prosecution. However, keeping in view the security concerns it has also been decided
to keep a paper copy of the case will also be maintained.
It has also been aimed to develop asynchronous communication by the national court administration
i.e. transfer of data from companies register to the courts and from the courts to the bankruptcy
register. For this purpose standard communication package will be used. This will eradicate the
actual paper based system. The organizational structure of the system includes judges, ministerial
staff, organizational experts and technicians.
The above lines indicate that a good foundation has been set up for further integration projects. New
strategy has been formed as what is necessary for the next phase of IT implementation. At the same
time necessary legal amendments are taken place to allow e-communication with the courts. The
LOVISA has setup a foundation. Now there is a need that more be built up on it.
The Netherlands jurisdiction took the initiative of using computer in 1970s as a policy whereas the
actual use started in 1980s. The real boom started a bit late in 2003. It can be stated that most of the
parts of the judiciary are automated i.e. used information technology tools.270 Reiling has noted a
brief description of the state of judiciary in the Netherlands
270 Reiling Dory, Doing justice with information technology, Information and Communication Technology Law, vol. 15, no. 2, 2006
3.11 IT in the Netherlands Justice System.
149
“The judiciary in The Netherlands is quite similar to a large business.9 In 2002, the judiciary had
more than 8500 staff employed, a budget of e650 million and a turnover of approximately
1,583,000 cases. There are 19 district courts with normally four sectors each: a civil law sector, a
criminal law sector, an administrative law sector and a local courts sector. The civil law sectors
have a specialized commercial unit and a unit for summary proceedings. The formerly over 60 local
courts were administratively integrated into the districts courts in 2002. They deal mostly with
small money claims, traffic violations, minor family matters, and employment and rent contracts. In
these fields, they also have summary proceedings. There are five appeal courts which hear appeals
of civil, criminal and some administrative cases.”271
3.11.1 Sentencing support for judges.
Keeping in view the inconsistency in awarding sentencing and to avoid prosecution influences on
sentencing, the Netherlands judiciary has introduced a program called NOSTRA identical with that
of the Scottish one.272 What kind of specific sentence is being awarded by the colleague judges is
much important to be communicated to others. Its absence creates in consistency in awarding
sentences for the same offence by different courts. For this purpose the ministry of justice supported
a program called IVS to retrieve information regarding similar cases.273 This system searches and
present considerations and arguments used for the sentences that were considered in similar nature
cases.
Later on consistent sentencing project was launched with main aim to develop a database that is
easier to be used and maintained that IVS system. This one is based on the types of offences and the
age of offender. This one is accessible via internet and is also available to bar member and the
general public.
271 ibid 272 The main idea has been taken form Neil Hutton Book titled, Sentencing Information system for Scottish High Court. 1996, Central Research Unit. 273 Oskamp, computerondersteuning bij straftoemeting de ontwikeling van een databank, Arnhem, Gouda Quint. 1998
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3.11.2 IT Support for the prosecution.
In order to develop more consistency in sentences the prosecution branch has also taken help
from IT. A new system called BOS has been introduced.274
‘This system provides advice to the prosecutor as to which sentence should be demanded. The
prosecutor needs to answer certain questions about the facts and circumstances of the case, e.g.
the amount of money stolen, the use of a weapon or the violence used towards the victim.’ The
system translates those answer into points and percentages. At the end the system converts and
percentages into a particular sentence to be demanded, from which the prosecutor can only
deviate if has sound reasons there for.’275
3.11.3 In determination of damages.
A program called DOLOR is being used for the purpose of determining damages and
particularly in personal injury cases. This has been created by the Dutch Road Users
Association. This also provides details on amount of damages awarded by the courts and
published road traffic law journal.276 Abstract from case law is found therein. Now cases can be
searched while using different criteria. This is updated on regular basis by Dutch Kluwer
publisher.
3.11.4 Other uses of technology.
The Netherlands Council for the judiciary is responsible development of IT infrastructure and
application in the courts.277 However, it should be noted that each and every court is independent in
using the IT tools in its daily work. The judges also use specific programs developed for the
prosecution and police departments like COMPAS which is used for the construction of judgments.
274 See om.nl/bos 275 See above at number 204 pp 101 276 It is called DUTCH VERKEERSRECHT. 277 See http://www.rechtspraak.nl/ENGLISH/THE-COUNCIL-FOR-THE-JUDICIARY/Pages/default.aspx (last visited 28-12-2012)
151
Apart from the above development, the ministry of justice has established a separate organization
called ICTRO ( ICT for the judicial organization).278 This organization is responsible for
maintaining the IT infrastructure in judiciary and the prosecution service. They maintain already
developed hardware, software and also provide software applications and training. However, it has
no power to make policy guidelines.
Simultaneously, another program called BISTRO has been launched to develop new internet and
web based applications. More information technology developments will be realized through ‘out
sourcing’. In line, a project called ‘Proeflokaal ICT’ has been setup to further get insight into the
implementation of IT into the justice sector.279
3.11.5 Complete e-procedure
There are several programs used in the Dutch jurisdiction where ICT is fully utilized for greater
benefits. One of it is the Document information system or DIS. This program contains scanned as
well as stored documents that let its users to deal with both the e-doc and paper files
simultaneously. Connected with this idea is another program wherein the case file data is stored in
CD-ROM and is retrieved whenever needed. However, due to its non-amendable nature, a more
regular database is suitable.
The DIS files are accessed by the prosecution and the judges. As there is no specific laws as which
part are being accessible, agreements can be struck off in this regard. It is necessary that a uniform
policy should be devised in this regard. Moreover
‘If the judges at first instance has decided a case that is stored in an electronic file, eventually, other
courts of appeal handling the case will not only have the right to access the information on the e-
file, but also the right to add relevant new information.’280
278 See http://www.govcert.nl/english/community/constituents/Overview+of+constituents/ict-bedrijf-rechterlijke-organisatie-ictro.html (last visited 28-12-2012) 279 See http://www.rechtspraak.nl/Recht-In-Nederland/Pages/default.aspx (last visited 28-12-2012) 280 See above at number 204 pp 107
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3.11.6 Automation
The state of automation in Netherlands is quite satisfactory. COMPAS program is working in the
criminal cases. This facilitates by registering separate file regarding every offence of the accused
person and there is little likelihood that any error or exception occur regarding pending cases.
Previously, it happened that summons was sent to the home of an accused while he was in prison in
another criminal case.
In order to avoid such like mistakes a system called VIPS (reference index criminal law) has been
developed whereby a person data is accessed through a unique number while connecting the same
to external systems like registration in municipalities.281 However, due to some operational
difficulty in the program a more updated version of the COMPAS has been developed wherein data
is being stored in a single file while using the ID of the individual as starting point. This is being
used by the prosecutors and the judges as well.
Apart from these BERBER is being used for administrative purposes whereas CIVIEL
RECHTBANK is undertaken for the purpose of civil work in courts.
However, there is no uniform use of the IT as separate programs are being used by the prosecution,
ministry of justice. A lot is being done while taking helping hand from the internet. The ministry of
justice and public prosecution have their own web pages providing valuable information.282 These
websites provides volumes of information regarding the judges offices, court work, case law, court
calendar, minor offences, news, dossier or special cases etc.
At first there was no coordinated move to look into the IT infrastructure in the Italian courts,
however, after the establishment of AIPA/ Authority for Information Technology in the Public
281 See above at number 204 pp 108 282 See www.justitie.nl and www.openbaarministerie.nl (last visited 28-12-2012)
3.12 ICT in Italian Courts.
153
Administration, everything changes and much stressed was placed on IT use in the public domain
and specially in the courts working.283 In order to further augment the technological application, the
government of the day established a separate ministry in the year 2001 called Ministry of
Innovation and Technology. ‘E-governance action plan’ was taken over the ministry in 2002 that
declared it mandatory that ICT branch be established in each and every government department.284
3.12.1 Re.Ge. Case Management System.
This program is currently running in all the subordinate courts. It is a typical case management
system based on client-server architecture. It interacts data with prosecution office on a limited
basis. It has been designed on paper based docket system. The end user can access the record by
using his ID and password as per his qualification i.e. litigant public, prosecutor etc.285
Re. Ge. did not brought any changes as it actually automated the status quo only.286 Hence it did not
facilitate the judges in deciding the cases. Whereas the empirical data revealed that the court staff
member increased their out puts through the use of this system.
3.12.2 Anti mafia Database.
Another important system which is being in use is the anti mafia database by the anti mafia
prosecutors. These are twenty six in number who are sub ordinate to the appellate courts in the
same number of districts. These offices use SQL standard query language database called SIDNA
and SIDDA. These databases assist helps the prosecutors through a powerful database to retrieve
information. However, due to various reasons the communication of information to the central
bureau is still a cumbersome task and it hampers the usefulness of the system in providing an
effective investigation system.287
283 AIPA was created in 1993 284 See above at number 204 pp 119 285 ibid 286 Fedreico and Guarniri, 1988, The courts in Italy. 287 Fabri, 1995, The criminal process in Italy after the 1989 reforms, saint Louis university law journal, vol 40, no 4, 1045-48
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However, in this regard Fabri points out that despite numerous IT projects running in various forms
there is a problem as what has been projected has not been implemented in the real form. Thus there
is a gap between the two. In this regard Fabri enumerates the computation of sentences case
management system called RES Re.Ge., SITUS; a program for the supervision of jail inmates as
well as national criminal history recording system which records and stores indictments and
conviction of sentences regarding individuals. In line, the use of video conferencing is also made to
connect jail inmates with the court from distant location due to security reasons.288
3.12.3 IT in civil law
The use of information technology in the sphere of civil litigation is not much widespread as
comparative to the criminal procedure. In this connection two systems have been launched that aims
to record final judgments and sentences. The same is also available for limited access to the bar
members as well.289 It includes the judgments of all the courts in Italy. As per the statement of Fabri
this POLIS system is needed to be upgraded and is converted in full scale online civil litigation
system.290 Similarly, the Court of Cessation has developed database that provide access to its
judgments to judges, prosecutors and the general users. The system is going to be transformed in
client server architecture that will be more user friendly with a strong search engine.
3.12.4 Other IT applications
The ministry of justice has launched a ‘law on net’/ ‘norm in rete’ project in collaboration with the
other public departments aiming to provide access to law documents through the World Wide Web.
The same can be accessed via www.normeinrete.it. However, in reality very few applications are
able to deliver to the general public. An example can be cited that of the city council registry office.
That can not be connected properly vide the internet use.
288 Fabri, ICT experience for justice, the ITALIAN experience. as cited in number 204 above pp119 289 The first one is called PLICE and the second one is called POLICE WEB. 290 See above at number 288 pp 124
155
The establishment of public administration’s Unified Network or RUPA has launched an electronic
data interchange, but the same has not proved to be very successful due the absence of necessary
working procedure.291 And despite legal permission and availability of technical rules for setting up
of digital signatures as well as the possibility in some pilot courts to electronically file a case; all the
same are not materialized due to above mentioned problem as well data security concerns,
authenticity of sender, documents integrity and last but not the least the element of non-
repudiation.292
This issue of security concerns has been answered by the ministry of justice proposal to provide
smart cards to the system users wherein their private key will be stored.
Connected with these is ‘justice unified network’ that enable judges and prosecutor to connect with
database of the court of cessation and prison department and the criminal history record along with
email services. The ministry of justice web site is www.guistizia.it .
The conclusion that is drawn from the above discussion is that much has been done under auspices
of AIPA in collaboration with ministry of justice, and other subsidiary IT institutes. Like software
applications, hardware investment, enactment of new rules, training and project management.
However, due to the gap between what has been visualized and depicted and what has been done on
the spot, the desired fruitful object have not been obtained. Actually what happened that there are
several IT projects, pilot schemes, prototypes, studies and initiatives whereas the working system
are very few in the field and keeping in view the number of judicial officers.
One of the foremost factors which has been indicated is the role dual role and incompetency of the
magistrate. They are supposed to sit in the executive as well as judicial office holders. This hampers
the process of innovation and organizational change in the judiciary. This professional elite group
has barricaded their own organizational defences in order to limit ICT development. It is a matter of
fact that due strong, independent and powerful professional group, the information technology has
291 Augusto, 2002, Judicial Electronic Data interchange in European civil proceedings and criminal matter; application, policies and trends, Research Institute on judicial systems, Italy. 292 id
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not challenged the actual working patterns, power structure, procedure, and organizational structure
in the Italian judiciary. Resultantly the ICT has not delivered any visible change in the system’s
performance.293 As has been stated
‘The risk of a goal displacement in the introduction of information technology is very high. The
introduction of information technology is not a goal in itself; but it should bring a perceived benefit
to the functioning of the courts such as more visibility, more accountability, better quality within
decisions, more expeditious litigation and a decrease in costs.’294
Besides the lack of proper research and evaluation is another impediment. There is not mechanism
in the Italian judiciary to assess the contribution made by the technology. Although technology
offers more to improve organizational setups, however, at the same time it is a plug and play
system. Rather it requires thorough planning, research, empirical evidences and placement in the
correct institutional governance setting. Technology is not everything in itself rather it is the dealing
human mind that makes it more functional in the desired circumstances.
Having gone through the indroduction part, ICT landscape in KPK, the chapter in hand thoroughly
discussed different models of Asian, Western and Latin States. Almost all the jurisdiction are
grappled with the issues of case-management, court access, inter-connection etc. to be solved
through ICT. The discussion also revealed that ICT implemtnaion in the world justice sector is
formative phase as various jurisdictions are learning experience from their failures. The Canadian
and Dutch could not delivered as per Ontario and HBS projects. MCOL of UK created a trusted
example in this regard. pursuant to the discussion, the next chapter will discover a suitable model
for the District Judiciary of KPK.
293 Barely, s. 1986, Technology as an occasion for structuring evidence from observation of CT scanners and the social order of radiology department. As in administration science quarterly, n 31, 78-109 294 See above at number 217 pp 131
3.13 Chapter Conclusion
157
Chapter 04
4 Proposed model for district judiciary
After going through various stages while looking at the ICT landscape in the KPK, the
paper is turned now towards discussing a viable ICT scheme for the district judiciary here
4.1 Introduction
[Title]
158
in the province. Various global systems have been discussed as how the same are working
in their own spheres. Every jurisdiction has taken pains to adjust ICT as per their own
needs, the situation here is not very much different from that of the Indian jurisdiction.
Other countries experience can also be utilized for the purpose. This chapter will discover
areas where ICT can be embedded and the lacunas can be remedied for a better, efficient,
transparent, cost-effective and user-friendly system.
Which approach should be adopted while devising the program of ICT implementation? One is to
start right from the apex court in the province, which has a considerable expertise, administrative
autonomy, and resources at its disposal for the purpose. The other option is to kick off the ball from
the lowest tier i.e. that from the court of civil judge and judicial magistrate as major part of
litigation incepted from here. The same is also considered to be the backbone of justice system.
Being a member of district judiciary and having been served for a decade, the author has noticed
that court hat court still works on paper based systems wherein only one person can consult a file at
a time. The only software that has been provided is MS Word, Spread Sheet and few others to
perform simple and ordinary office work like writing of judgments and orders as well as office
communication. The other task is to fill daily, weekly, bi-weekly and monthly proformas to
communicate desired statistics to PHC. Rest is the old game.
In the situation if initiative is taken from this lower tier, the same will lay a strong foundation to
build a tall and grand building upon. In the phased wise manner, the applets courts of DSJ can be
taken up for the purpose. There are five regional benches of the lonely PHC and knitting the same
will also be a tricky job for the purpose. At the end will come the apex court of the province. It is a
debatable point as which sort of software and networking will be used for the purpose as the task is
more cumbersome, prone to criticism and suspicion on behalf of the stakeholders. Before
proceeding further the chapter will discussed as how various offices work is district courts.
4.2 Bottom-up Approach
159
To day everything is done on paper based system in a local court. The clerk fixes cases on daily
diary and writes the daily order sheets with the prior approval of the presiding officer. The same is
recorded with pen and paper. The steno records court orders and judgments, takes a print for final
placement in the case file. He is also responsible for preparation of various statistical reports
required for court appraisal and knowing the pendency information. This guy works on old PC and
a printer. No further ICT facility is available to him. Although he occupies a very important
position and can play a vital role in updating the system on daily basis while entering relevant data
at the end of the court time.
The court peon is responsible for making announcement outside the court and maintaining order
and decorum inside. However, thanks to human weaknesses, he can’t reach to the disabled and
special category of litigants and sometimes it happens that despite being available outside the court,
litigant are unaware regarding court hearing and the cases are taken up against them. The same
results in multiplication of further litigation in civil courts. Here, it is possible to install electronic
screens outside each court so that litigant can get instant information as what is fixed for the whole
day and what is being happened in the court at a specific time. This facility is available in PHC
main building only.
The premises of district courts are spread over various office/ sections where different sort of
activities are performed between litigant public and officials. The same includes the office of
Muharrir, Process Serving Agency, Record Room, Account Section and Copying Branch. The
same have been taken in detail by providing snap from relevant offices, charts of the their functions
and work burden statistics.
As the study pertains to whole KPK, hence in order to obtain a compact view, four districts from
four major regions of the province by including regions:
4.3 The Ground Reality.
[Title]
160
Region District selected
Hazara Divison Abbottabad
Central Districts Nowshera
Southern Districts D.I. Khan
Malakand Division Dir Upper
As for as the district Abbottabad is concerned, the data was collected by the author himself by each
and every section of various office of district courts. For the rest of the districts proformas were
prepared and sent the same to colleague judges posted at the respective districts. Due to paper based
system, complete could not retrieve from all the districts. The inside situation can be guessed from
the fact that the author contacted the concerned stations on regular basis and simple data took some
2-3 months to be filled in and sent back to the author.
The author personally conducted a study by taking 100 pending civil cases to see the detail of
service making.295 The same revealed that majority of the cases where lingered on in the pre-trial
stage for months and some for an year due to non-availability of correct addresses of the
defendants. Depositing of Summons Form and pointation of defendant were also delaying factors.
4.3.1 Muharrir; An isolated victim
All the case files goes back to court record keeper called “Muharrir” as soon as proceedings are
entered in the case order sheets. He peruses the same and issues notices and summons for parties,
counsels, witnesses and for record. He also consigns the record to record room. Also record is being
requisitioned by him whenever needed to the court. Apart from these he is also responsible
maintaining various registers by making entries on daily basis. This guys sets in isolation and have
295 The data was collected by the author in March 2013 while selecting 100 cases from the civil court VII in district Abbottabad.
161
no e-connection with court record and materials. Using ICT tools is quite an unfamiliar thing for
him despite the facts that he performs very important duties for the court.
Picture 8: “Muharrir” busy in office work
Source: Abbottabad District Cour in March 2013
Figure 06: Duties of Muharrir
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162
Picture 9: Manual record keeping of Muharrir’s office
Source: Abbottabad District Cour in March 2013
163
The above shapes show as how much important and busy is the role of Muharrir attached with a
court. He is closely linked nearly with all major section of the district courts. Hence he is the part of
information system in the proposed plan.
4.3.2 Process Serving Agency; too much to do.
Process Serving Agency is headed by Nazir in every district who is being supervised by the senior
civil judge. It receives summons and notices along with other miscellaneous orders from different
courts including the PHC and its benches. That are being entrusted to process servers and bailiffs
who in turn goes to the field along with police officials and petitioners to visit the spot, to draw
sketches, reports and arrest the respondents etc. The fllowing diagram shows the actual working
pattern of the Process Serving Agency.
Figure 09: Showing multiple functions of Process Serving Agency
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164
Picture 10: A view of Process Serving Agency Office
Source: Abbottabad District Cour in March 2013
The same are reported back to the in charge of the agency, who make proper entries and return the
summons and notices along with his reports to the concerned courts. This branch is considered as
limbs of the courts and on its efficient performance depends the quick disposal of cases and
redressal of the litigant grievances. There is no information system in field to manage the work and
performance of this agency. Old and big log books are being kept to make entries. Other modern
techniques of communication like fax, email and SMS service is not being utilized. It has no e-
connection with other departments and courts.
165
Figure 21: Ratio of Summons Service in Abbottabad
Source: Data collected in Abbottabad in March 2013.
The ratio of timely service is less than 40% i.e. 39 only, whereas, 62% civil cases were served
beyond the prescribed period of service.
The period of service of summons was further analysed. It was revealed that about one third of the
civil cases are served within time period i.e. one or less than one month. 39% of cases took a time
of 2-5 moths to reach to the stage of written statement.
Figure 22: Percentage of summons
Source: Data collected in Abbottabad in March 2013.
62
38
0
10
20
30
40
50
60
70
Late Service Timely Service
01month
02month
s
03Month
s
04Month
s
05Month
s
6-9Mnths
01year
Percentage of cases inwhich summons were
served against timeperiod consumed
37 17 11 4 7 17 2
05
10152025303540
Percentage of cases in which summons were served against time
period consumed
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166
This number is more than the usual service. An alarming situation emerges as 19% cases take a
time ranging from 6 months to one year. Whereas as per NJP 2009, a civil suit is liable to be
disposed off within one year. If summons are served in that time then one can imagine rest of the
situation easily.
Figure 23: Reason for Delay and Modes of Service
Source: Data collected in Abbottabad in March 2013.
Other indications that emerged from the study showed that only 39% of cases were served
personally/ through family member or agent, same number of cases remained delayed due to non-
availability of summons forms to be submitted by the plaintiff and correct addresses of the
defendant. Nearly every civil case suffered from the complaint that let there be pointation of the
defendant as he is not traceable in the huge populace or locality. A nominal number of summons
were served either through registered post or news paper publication. The same took place when the
defendant was either state servant or resident of another district. It is noteworthy that no modern
ICT tools were used like fax, email, mobile phone or private courier mail services. The situation can
take a U turn if the mobile phone device is used for the purpose of informing defendants. However,
for this purpose there is need of detail legislation and verification of recipient ID along with proof
of service as the defendant can refuse the same if proceeded ex-parte.
39
95 3
39
Personallyserviced or
through familymember or agent
Publication innewspaper
summon throughregistered post
Legal heirs Absence ofcorrect addressand summons
forms
Reason for Delay and Modes of Service
Reason for Delay and Modes of Service
167
What is the ground situation in other districts; the same is depicted from the following Figures.
Figure 24: Ratio of Summons Service in Nowshera
Figure 25: Reason for Delay and Modes of Service in Nowshera
0
10
20
30
40
50
60
70
80
Late Service Timely Service
Ratio of Summons Service in Nowshera
0
10
20
30
40
50
60
70
personally served publication summons throughregistered post
affixation
Reason for delay and modes of service in Nowshera
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168
Figure 26: Summons Percentage in District Nowshera
Figure 27: Summons Percentage in D.I. Khan
0
20
40
60
80
01 month 02 months 03 months 04 months 05 months 06 months
Percentage of cases in which summons were served against time
period consumed in Nowshera
0
20
40
60
80
1 month beyound 1 month
percentage of cases in which summons were served against time
period consumed in D.I Khan
169
Figure 28: reason for delay and modes of service in D.I Khan
Figure 29: Ratio of Summons Service in Dir Upper
0
10
20
30
40
50
60
70
80
90
personallyserved
pub;ication summonsthrough
registered post
residents ofoutoff district
affixation
reason for delay and modes of service in D.I Khan
0
10
20
30
40
50
60
70
80
Late Service Timely Service
Ratio of Summons Service in Dir Upper
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170
Figure 30: Summons Percentage in DIR Upper
Figure 31: Reason for delay and modes of service in Dir Upper
4.3.3 District Record Room; A place of total disaster
Connected with all the courts is the district record room. The following circles clearly show the
vital position of the record room in the consignment and recovery of the case record.
This is one of the busiest points in the district courts as litigant come to get copies of their decided
civil and criminal matters. Whenever a case is decided, the file is consigned to record room by
assigning a number and the same is entered with Muharrir and the record keeper of the record
0
20
40
60
80
01 month 02 months 03 months 04 months 05 months 06 months
Percentage of cases in which summons were served against time
period consumed in Dir Upper
0
10
20
30
40
50
60
70
personally served publication summons throughregistered post
affixation
Reason for delay and modes of service in Dir Upper
171
room. The case file is then placed in a bundle called ‘Basta’. The same is tied around by a piece of
cloth and a number is scribed on each Basta.
Figure 12: Showing functions of Record Room
Whenever an application for provision of case file copies is submitted, the case file is searched out.
On visit the district record room of Abbottabad, the incharge of the section told that due non-
availability of the information system, some times weeks and even months are required to search
out the file form the hundreds of bundles. An example was also quoted where a civil judge asked
for a case file and as the same could not be retrieved immediately an inquiry was launched against
the record keeper and later on after the lapse of an year the same case file was detected by chance.
All these shows the faulty system of record keeping that is based on traditional old system. The
concerned staff has to take double pain each time firstly, to search the relevant case details and then
to go inside the storage and locate the required bag and take out the case file.
In first phase, a simple database can be created by entering the salient features of the case file. A
unique number can be allotted to it and the same can be searched through its tracking number. This
will save a lot of time and energy of the searching guys. They will also get rid of the old big log
books and easy data will be available at the click of the button.
[Title]
172
Picture 11: Staff busy in office work in record room
Source: Abbottabd district court March 2013
The Indian experience in this regard can be utilized for further assessment and implementation. This
task is much needed as the record room is always prone to natural calamities and human
misadventures around the clock. The recent fire of 2011 gutted all the 139 years old revenue and
judicial record in district Abbottabad within minutes.296
Picture 12: Showing record room of district Abbottabad on fire
Source: Web source
296 See http://www.thenews.com.pk/Todays-News-7-51948-139-year-old-record-gutted (last visited on 2-2-2013)
173
The same nature accident took place year 2005 as well. The introduction of ICT tools is the only
and viable way to save such a precious record.
Picture 13: Flood in Nowshehra in year July 2010
Source: Web source
Picture 14: Demolished court infrastructure in Balakot, Earthquake 2005
Source: Web source
[Title]
174
Figure 32: Showing consignment data in Abbottabad
Source: Data collected by the Author
The technology can play its role to streamline the business of the record room.
Figure 33: Showing Criminal Consignment in Abbottabad
0
50
100
150
200
250
300
350
400
450
2012 civil consignment in Abbottabad
Number of Civil Cases
0
500
1000
1500
2000
2500
3000
2012 Criminal Consignment in Abbottabad
2012 Criminal Consignmentin Abbottabad
175
Figure 34: Year Wise Criminal Consignment in District Abbottabad
Source: Data collected by the Author
Figure 35: Year Wise Civil Consignment in District Abbottabad
Source: Data collected by the Author
0
2000
4000
6000
8000
10000
2010 2011 2012
Year Wise Criminal Consignment in District Abbottabad
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
2010 2011 2012
Year Wise Civil Consignment in District Abbottabad
Decised civil cases
[Title]
176
Figure 36: Year Wise Application for Getting Copies in civil cases
Source: Data collected by the Author
Figure 37: File requisitioned
Source: Data collected by the Author
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
2012 2011 2010
Year Wise Application for Getting Copies in civil cases
0
50
100
150
200
250
File requisitioned in 2012
177
Figure 38: Year wise Record Room data of District Nowshera
Figure 39: Year wise Consignment in District Nowshera
Figure 40: Number of cases consigned in district Nowshera
0
2000
4000
6000
8000
10000
2010 2011 2012
Year wise applications submitted in Record Room for getting copies in
Nowshera
0
1000
2000
3000
4000
5000
6000
2010 2011 2012
Year wise consignment in Nowshera
[Title]
178
Figure 41: Year wise requisition in district Nowshera
Figure 42: Number of cases requisitioned in district Nowshera
0
100
200
300
400
500
600
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
No of cases consigned in Nowshera 2012
4600
4700
4800
4900
5000
5100
5200
5300
5400
5500
2010 2011 2012
Year wise requistion in Nowshera
179
Figure 43: Year wise Record Room data of District D.I. Khan
Figure 44: Number of cases consigned in district D.I. Khan
0
100
200
300
400
500
600
700
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
No. of cases requisitioned in Nowshera 2012
0
5000
10000
15000
20000
2012 2011 2010
Year wise applications submitted in Record Room for getting copies in
D.I.Khan
[Title]
180
Figure 45: Number of cases requisitioned in district D.I. Khan
0
50
100
150
200
Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec
No of cases consigned in D.I.Khan in 2012
0
200
400
600
800
1000
1200
1400
1600
2012 2011 2010
Year wise requistion in District D.I Khan
181
Figure 46: Year wise Record Room data of District Dir Upper
Figure 47: Year wise Consignment in District Dir Upper
Figure 48: Year wise Consignment in district Dir Upper
2200
2300
2400
2500
2600
2700
2800
2012 2011 2010
Year wise applications submitted in Record Room for getting copies in Dir Upper
0
100
200
300
400
500
600
Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec
No of cases consigned in Dir Upper in 2012
[Title]
182
Figure 49: Number of cases requisitioned in district Dir Upper
Figure 50: Number of cases requisitioned in district Dir Upper
0
1000
2000
3000
4000
5000
6000
7000
8000
2010 2011 2012
Year wise cnsignment in Dir Upper
0
20
40
60
80
100
120
140
160
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
No of cases requisitioned in Dir Upper 2012
183
Figure 51: Deposit application in sheriff petty account 2012 in D.I Khan
Figure 52: Monthly deposit in register R & D 2012 in DI Khan
0
200
400
600
800
1000
1200
1400
1600
1800
2010 2011 2012
Year wise requistion in District Dir Upper
0
50
100
150
200
250
300
Jan feb march april may jun july aug sep oct nov dec
Deposit application in sheriff petty account 2012 in D.I Khan
[Title]
184
4.3.4 The Office of Civil Nazir: Money Matters
The office of the Civil Nazir or accountant manages all the financial matters of pending cases. The
moneys deposited on behalf of the minors are managed by the Civil Nazir. Similarly diet money for
witnesses, pre-emption amount, decretal amount etc are registered in register called Revenue
deposits/ RD. The Civil Nazir perform important roles as it is responsible for all sorts of financial
matters that happens in civil courts.
Picture 15: Nazir in office work
Source: Abbottabad district court in March 2013
Picture 16: Duties of Civil Nazir
0
5
10
15
20
25
30
35
40
Jan feb march april may jun july aug sep oct nov dec
Monthly deposit in register R & D 2012 in DI Khan
185
Figure 53: Showing data of Account /Civil Nazir office in district Abbottabad
Source: Data collected in district Abbottabad March 2013
Figure 54: Monthly deposits in Register R & D 2012 in district Abbottabad
0
50
100
150
200
250
300
Deposit Application in Sheriff Petty Accounts 2012
[Title]
186
Source: Data collected in district Abbottabad in March 2013
Figure 55: Showing year wise Sheriff Petty entries in March 2013 in district Abbottabad
Source: Data collected in district Abbottabad in March 2013.
Figure 56: Showing Year wise R & D Entries in district Abbottabad in March 2013.
0
50
100
150
200
250
300
Monthly Deposits in Register R & D 2012
0
500
1000
1500
2000
2500
2010-20112011-2012
2012-2013
2010-2011 2011-2012 2012-2013
Series 1 2454 2313 1193
Year Wise Sheriff Petty entries
187
Source: Data collected in Abbottabad in March 2013.
Figure 57: Showing data of Account /Civil Nazir office in district Nowshera
Figure 58: Showing year wise Sheriff Petty entries in March 2013 in district Nowshera
0
500
1000
1500
2000
2500
3000
2010-2011 2011-2012 2012-2013
Year Wise R & D Entries
0
5
10
15
20
25
30
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Deposit application in sheriff petty account in Nowshera 2012
[Title]
188
Figure 59: Monthly deposits in Register R & D 2012 in district Nowshera
Figure 60: Showing Year wise R & D Entries in district Nowshera in March 2013.
0
50
100
150
200
250
300
2010 2011 2012
Year wise deposit applications in Sheriff Petty Accounts in Nowshera
0
50
100
150
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Transactions in register R & D in Nowshera 2012
189
Figure 61: Showing data of Account /Civil Nazir office in D.I Khan
Figure 62: Monthly deposits in Register R & D 2012 in district D.I. Khan
0
200
400
600
800
1000
1200
2010 2011 2012
Year wise R & D entries in Nowshera
0
50
100
150
200
250
300
Jan feb march april may jun july aug sep oct nov dec
Deposit application in sheriff petty account 2012 in D.I Khan
[Title]
190
Figure 63: Showing year wise Sheriff Petty entries in March 2013 in district D.I. Khan
Figure 64: Showing data of Account /Civil Nazir office in district Dir Upper
0
5
10
15
20
25
30
35
40
Jan feb march april may jun july aug sep oct nov dec
Monthly deposit in register R & D 2012 in D.I. Khan
0
50
100
150
200
250
300
year 2010-2011 year 2011-2012 year 2012-2013
Yearwise Sheriff petty entries in D.I. Khan
191
Figure 65: Showing year wise Sheriff Petty entries in March 2013 in district Dir Upper
0
5
10
15
20
25
30
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Deposit application in sheriff petty account in Dir Upper 2012
0
50
100
150
200
250
300
2010 2011 2012
Year wise deposit applications in Sheriff Petty Accounts in Dir Upper
[Title]
192
Figure 66: Monthly deposits in Register R & D 2012 in district Dir Upper
Figure 67: Showing Year wise R & D Entries in district Dir Upper in March 2013.
4.3.5 Copying Branch; To sign thousands page daily
The Copying Branch is also one of the busiest and complicated place in the district courts. Litigant
public come on daily basis to apply and collect copies of the relevant record. Although it can be
imagined to get a copy smoothly and simply, however, the actual study of whole mechanism reveals
that this straight forward action goes through several hands and involves various stakeholders that
make it very cumbersome for the record obtainer to visit more than one offices, performs different
actions and then be placed in long queue to get copies.
0
2
4
6
8
10
12
14
16
18
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Deposit in register R & D in Dir Upper 2012
0
50
100
150
200
250
2010 2011 2012
Year wise R & D entries in Dir Upper
193
Picture 17: View of Copying Branch Office in district Abbottabad March 2013
At first, the applicant has to apply for the sanction of district superintendent297. Then he or she visits
the treasury office for getting stamps that are being charged per page. The application is presented
to the examiner of the copying branch. He enters the same in the register called APPLICATION
REGISTER FORM CD 1.
And then issues receipt to the applicant to specifying the date of delivery. However, this is not so in
the practice. The applicant is bound to go himself to the central record room along with the receipt
and to see whether the record is available off hand or other wise. He is then told by the record room
guy to visit the concerned court Muharrir and bring the challan number and date on which the
record was transmitted to the record room. Thereafter, he comes back, provides the information and
leaves home to wait for the search of the record. When the same is communicated to the branch, it
is entered in the registered and a guy inside the branch make copies on the copier machine. Then
each and every page is stamped and singed by the examiner himself. When the copying branch in
district Abbottabad was visited, the concerned examiner told the apathy of paper based system by
stating that he receives application form 60 to 100 dialy and signs some 2000 pages every day. Here
297 District Superintendent is the principal staff officer of DSJ
[Title]
194
he pointed to his main fingers of his right hand, the perusal of which revealed due to excessive
usage of pen writing had left permanent marks of swelling over there
Figure 68: Functions of Copying Branch
The above discussion paints a picture wherein it can easily be noticed that the whole district justice
mechanism revolves round the paper based system. Old log books, registers, case files, applications
and pen writing is all around there.
The system works but with great pains, suffocation, unwarranted delay, mis-management, time
waste, and with surprising indifference towards innovation and improvement. During the
investigation, every staff member passionately looked for some technology change in the rank and
files of the ministerial work so as to cope with the unexpected work load in the courts.
Here it will be seen as what sort of legal mechanism controls the above mentioned manual system.
The High Court Rules and Orders (HROs) drafted by the colonial ruler more than a century ago are
still in field to provide for the foundation of the system. It discusses each and every aspect of this
4.4 Policy/Rules in Vogue
195
system. The same worked well in its time and is still working subject to old practices. The
following lines will see as how the manual scheme is being governed by the HROs.
4.4.1 Nazarat/ Accounts.
The detail rules pertaining to accounts keeping have been mentioned in HROs.298 The rules in hand
provides for the following types of accounts
• Sheriff petty accounts
• Civil Court Deposits accounts
• All other accounts
4.4.1.1 The sheriff petty accounts.
This account maintains the funds like
a. Sums deposited by parties as the expenses of witnesses, expert fees, commission fees.
b. Deposits of advertisement charges of newspaper in cases of substituted service.
c. Sums deposited in pursuance of succession certificates.
d. All petty items received for immediate disbursements.299
How the accounts will be maintained? A glimpse of the paper based system can be gauged from the
wording.
“When an application involving a deposits in the sheriffs petty accounts is presented in court, the
court reader shall note thereon the number of the case, in order to enable the Nazir to make
necessary entry in the ‘register of receipts’. After the usual orders have been passed and recorded by
the court, the applicant shall tender the amount of his deposits together with the application in the
Nazir who will fill in columns 1 to 7 of the ‘register of receipts’, prepare a ‘receipts in foil and
298 See Volume II, chapter 8, Part A of H.R.Os. 299 See volume II, Chapter 8, Part D, Schedule A.
[Title]
196
counter foil on the prescribed form, and issue the foil to the depositor as a receipt for the money
deposited after it is signed by the officer in charge.”300
The same further says,
“After the serial number of the register of receipts has been noted on the application by the agent
and the usual daily check exercised by the officer in charge, the application should be returned to
the court concerned for record. The counter foil receipts will be retained by the agent and produced
for audit.” 301
The perusal of the overall scheme of the accounts rules reveals that a very detailed and complicated
set of rules have been prescribed for the Nazir to conduct his business vis-à-vis process serving
agency and treasury department. He is required to make entries in daily registers302 and make
periodical checks as well.303 He is bound to furnish reports to his high ups besides exercising
control over the sub ordinate staff. Schedule B enumerates 14 different registers that have to be
maintained by the Nazir for the purpose.All these have to be conducted on paper based system and
the utilization of any ICT tool is still have to be introduced in the accounts section. The following
Form shows register of receipts.
300 Ibid section 13 of section III. 301 ibid. 302 See above at number 297. 303 Ibid.
197
Form No. 1
Register of receipts of sheriff petty accounts deposits at the agency of the -------
For the month of -------
1 2 3 4 5 6 7 8 9 10 1
1
12 13 14 15 16 17 18 19 20 21
Dat
e of
rece
ipt
Num
ber
of
each
dep
osi
t
No o
f fi
l
Fro
m w
hom
rec
eived
.
Nat
ure
of
dep
osi
t
Am
ount
of
each
dep
osi
t
Init
ials
of
off
icer
in c
har
ge
Dai
ly t
ota
l
dat
e
Am
ount
of
each
pay
men
t
Init
ials
dat
e
The Nazir is compelled to fill in the blanks each time he makes a monetary transaction. He has to
duplicate/triplicate the entries in other registers as well. This is a cumbersome and time consuming
process. If the same is replicated on the electronic system a lot of time can be saved plus the
energies can be directed towards other important tasks. The Indian have implemented accounts
information system and the same can become a role model for us as well.
4.4.1.2 Civil court deposit account.
This is the kind of account that maintains deposits that are either paid into court or paid into
account office under the order of the court with the intention that that they should be paid out again
either to the depositor or to a third party and should be credited to government finally.304 It includes
• Decretal amount
304 Rule 1 of volume II, chapter 8, part E.
[Title]
198
• Pre-emption money
• Execution money
• Land acquisition amount etc.
The relevant rules provides for guidance as how the deposit accounts be maintained. Again various
registers, forms and note books have to be maintained.305 Appendix 22 further lays down rules in
this regard. It says that a register shall be maintained in form TA 20 of all deposits paid into the
court. Another register form TA 21 has to be filled in. All the payments made to claimant is to be
entered in register of receipts as well.
How a minor paper transaction is to be made, tells the rules as
“Whenever the sum in possession of the courts is in excess of Rs.1000 such excess shall at once be
remitted to the treasury accompanied by a challan, which show the gross receipts, and the surplus
collections then remitted with the challan, which will be returned to the court receipted by the
treasury officer.”306
Nazir and his staff always seems to be busy with entering data in the registers, receiving and
handing moneys and taking regulars trips to treasury office. The following specimen tables clearly
show the complexity of accounting section.
305 Schedule B of the above rules provides for about registers etc for civil deposits accounts. 306 See rule 4 of number ibid
199
FORM NO1
(VIDE RULE 3)
REGISTER OF RECEPTS OF SHERFFS PETTY ACCOUNT DEPOSITS AT THE AGENCY OF
THE_________________.
FOR THE MONTH OF ______________
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Detail of payments.
Tota
l of
pay
men
ts
Lap
sed
an
d c
red
ited
to
Gover
nm
ent D
ate
of
recei
pts
Num
ber
of
each
dep
osi
t
No o
f fi
le o
f th
e ca
se i
n
whic
h d
eposi
ted
N
ame
of
the
court
and o
f th
e
par
ties
wit
h n
ame
and T
ehsi
l
num
ber
of
the
vil
lag
e in
whic
h t
he
fie
is t
o b
e kep
t
Fro
m w
hom
rec
eived
Nat
ure
of
dep
osi
t
Am
ount
of
each
dep
osi
t
Init
ials
of
off
icer
in c
har
ge
Dai
ly t
ota
l
Dat
e Am
ount
of
each
pay
men
t
Init
ials
of
off
icer
-in-C
har
ge
Dat
e
Am
ount
of
each
pay
men
t
Init
ials
of
off
icer
in c
har
ge
Dat
e
Am
ount
of
each
pay
men
t
Init
ials
of
off
icer
in c
har
ge
[Title]
200
FORM NO 4
TREASURY PASS BOOK FOR THE SUERIFFS PETTY ACCOUNTS AGENCY OF THE
________________
Cr. Payments
Dat
e
Par
ticu
lars
of
rece
ipts
Am
ount
Init
ials
of
trea
sury
off
icer
Month
Dat
e
Par
ticu
lars
of
cheq
ue
cash
ed
Am
ount
Init
ials
of
Tre
asu
ry o
ffic
er
Num
ber
of
cheq
ue
Num
ber
of
book
201
FORM No2
(VIDE RULE3)
REGISTER OF DISBURSEMENTS OF SHERIFFS PETTAY ACCOUNT AT THE AGENCY OF
THE ________________
FOR THE MONTH OF _____________
Det
a
il o
f
ori
g
ina
l
dep
osi
t
s D
ate
of
pre
sen
t p
ay
men
t
Yea
rly
ser
ial
No
To
wh
om
pa
id
Am
ou
nt
pa
id
Init
i
als
of
Da
ily
to
tal
carr
ied
to
ca
sh
bo
ok
Pa
ym
ents
rec
eip
t
Da
te o
f re
ceip
t
Nu
mb
er a
s p
er
reg
iste
r o
f re
cip
ts
Am
ou
nt
of
bal
ance
of
dep
osi
t
Pro
cess
ser
vin
g
agen
t
Off
icer
-in
-ch
arg
e
1 2 3 4 5 6 7 8 9 10 11
[Title]
202
FORM NO3
(Vide Rule 3)
CASH BOOK OF SHERIFFS PETTY ACCOUNTS SHOWING CASH BALANCE IN THE
HAND OF THE NAZIR EACH DAY AT THE AGENCY AT __________ FOR THE MONTH
OF ___________.
1 2 3 4 5 6 7 8 9 10
Date Receipts Payment Balance
Par
ticu
lars
Cas
h
Tre
asury
Par
ticu
lars
Cas
h
Tre
asury
Cas
h
Tre
asury
Init
ials
of
the
off
icer
-
in-c
harg
e
203
FORM NO 6
(vide Rule 17)
REGISTERS OF PROCESSES RECEIVED AND DISPOSED OF BY THE LOCAL AGENT OF
SHERIFFS PETTY
ACCOUNTS AT _______________
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1
6
Ser
ial
No
No o
f ca
se
Court
fro
m w
hic
h
pro
cess
iss
ued
N
ame
of
par
ties
Des
crip
tio
n o
f pro
cess
Am
ount
of
pro
cess
fee
levie
d
Dat
e of
pay
men
t
Nam
e of
per
son m
akin
g
the
pay
men
t N
ame
of
per
son o
n w
ho
m
pro
cess
is
to b
e se
rved
N
o a
nd n
ame
of
peo
n b
y
to b
e se
rved
or
nam
e of
tahsi
l or
dis
tric
t to
whic
h
sent
for
serv
ice
Dat
e on w
hic
h h
anded
over
to p
eon o
r se
nt
to
oth
er a
gen
t
Dat
e of
retu
rn f
rom
the
peo
n o
r oth
er a
gen
t W
het
her
ser
ved
or
unse
rved
D
ate
of
the
retu
rn o
f th
e
amount
of
die
t m
oney
in
case
of
unse
rved
pro
cess
.
Dat
e of
subm
issi
on o
f th
e
pro
cess
to t
he
cou
rt
conce
rned
Rem
arks
Figure 69: Data of Copying Branch in year 2012 in district Abbottabad
Source: Data collected by author in Abbottabad in March 2013
0 500 1000 1500 2000
January
Febuary
March
April
May
June
July
August
September
October
November
December
Number of Cases in which Copies given in 2012
[Title]
204
Figure 70: Year wise data of Copying Branch in district Abbottabad
Source: Data collected by author in Abbottabad in March 2013
Figure 71: Year wise data of Copying Branch in district D.I. Khan
18669 2021116529
2010 2011 2012
Year Wise Number of Cases in Which Copies Provided
Series 1
0
2000
4000
6000
8000
10000
12000
14000
16000
18000
year 2010 year 2011 year 2012
year wise number of cases in copies provided in D.I.Khan
205
Figure 72: Data of Copying Branch in year 2012 in district Dir Upper
Figure 73: Year wise data of Copying Branch in district Dir Upper
4.4.2 Preservation of judicial record.
The rules for preservation of judicial record have been in chapter 16 of the high court rules and
orders. It tells as how the record is to be maintained. The rules were framed centuries ago and
therefore paper and only paper is being discussed everywhere. Here the reference will be made to
rule 6 of the said chapter
“Record used in courts should be placed between stiff wooden or cardboard protectors of the
standard size so that the strain of the cloth or other covering, or of the string or tape, does not fall
0
50
100
150
200
250
300
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
No of cases in which copies given in Dir Upper 2012
2200
2300
2400
2500
2600
2700
2800
2010 2011 2012
Year wise no. of cases in copies provided in Dir Upper
[Title]
206
on the paper within. It is not intended that the record of each case should be placed between stiff
covers; all that is necessary is to tie each record with broad tape or nawar instead of string. But
each bundle of records should until consigned to the record room, be kept between Stiff covers to
prevent fraying, folding, etc.”
The rule defines in emphatic words how important it is to keep the judicial record safe and secure
from decay and disturbance of any sort. The phrase is very technical and deep that defines as how
the record should be kept safe. The ground reality however has a different story to tell. It would not
be out of place to rationally examine the relevance of the above mentioned rule from the British Era
work-load to the present day working conditions. The overall population and litigation has gone
scores of times bigger than the era for which the rule was framed. Thus, making it almost
impossible to adhere to the standards provided in the rules.
4.4.2.1 Indexation of record.
While preparing judicial record and consigning of the same, it is part of the procedure that due
indexation of all the paper will be made by the clerk in the prescribed form.307 Following if the
specimen of an index paper.
307 Volume vi chapter 16-a
207
Picture 18: A view of an Index Paper
Source: Scanned copy retrieved in district Abbottabad
After consigning of the record the Muharrir will prepare Challan or list of the cases consigned in
duplicate or in triplicate if the same are relating to the courts that is situated in outskirts from the
district headquarter.308 One copy of the Challan will be kept in the record and the other is returned
to the Muharrir after marking due entries on the same. A form of Challan has been given as
308 See above at number 349 rule five.
[Title]
208
Form of challan
The court of ______ in ______ District
Challan of files consigned to district record room.
1 2 3 4 5 6 7 8 9
Date of
desptach
Serial
number
Case
nmber
Parties
name
Case
nature
Decision
date
Basta
number
Receiving
clerk
Goshwara
number
This can be an ideal form for an electronic database. The data entered will be saved and retrieved
whenever required. Here it is noteworthy that in district Mansehra sufficient work has been done to
save the details
Picture 19: A view of computerized Record Room in district Mansehra
Source: Mansehra District Court
209
Picture 20: A view of database of Record Room in District Mansehra
Source: Mansehra District Court
The above picture has been extracted from the MS Excel 2003 database that has been prepared by
the district record room for tracking of the consigned cases. It includes all the basic information and
now it is easier to perform the duties with more ease and speed. When asked, the record room
incharge replied
“Before computerizing data, deduction/tracing of old decided case files consumes more
than 5 days in searching the exact location or Basta Number where file is available but after
computerizing time not more than 5 minutes are consumed in tracing case file from record
room.”309
This proves the efficacy and usefulness of the ICT for doing judicial business. If linked with the
courts, the database can yield more beneficial outputs as the presiding officers will be able to make
searches of the consigned cases and to make online inspection as well without going into the debris
of the record room.
309 The data was collected by the author while contacting the record room clerk who sent the details via email and replied the queries sent through text message in June 2013.
S/NO General noBasta no Suit no Institution Decision Title of case Name of court Pages ROBKAR
1 1 1 278/1 22/10/95 26/11/2001 Muhammad Khalid Khan Vs DCO Mr.M.Tariq scj Mansehra 119
2 2 1 2/4 11/2/1999 6/12/2001 Mst Nahid bibi etc Vs collector etc Mr.M.Tariq scj Mansehra 31
3 3 1 27/4/2001 13/12/2001 Mst saleema gul Vs Doctor khalid Mr.M.Tariq scj Mansehra 14
4 4 1 NILL
5 5 1 NILL
6 6 1 14/6 13/3/1997 24/7/2000 Mst Jamila Vs Chief Engineer CJ 1 10
7 7 1 40/1 5/11/1997 30/6/2000 Mst Jamila Vs Chief Engineer Haq Nawaz Khan CJ VI 78
8 8 1 5/RC 20/9/1994 11/11/1999 Ghulam Mustafa vs M Yousaf etc Haq Nawaz Khan CJ VI 161
9 9 1 6/Rc 20/9/1994 11/11/1999 Ghulam Murtaza vs Ameer khan Haq Nawaz Khan CJ VI 149
10 10 1 4/Rc 20/9/1994 11/11/1999 Ghulam Murtaza vs Abdual Rehman Haq Nawaz Khan CJ VI 105
11 11 1 166/1 2/4/1999 5/5/2000 Yasmeen etc vs Yousaf etc Haq Nawaz Khan CJ VI 55
12 12 1 148/1 29/1/2000 10/4/2001 Arshad Hussain vs Inayat Hussain Azhar Ali CJ IV Mansehra 59
13 13 1 265/1 25/4/2000 17/5/2001 Abdual Rasheed vs Abdual Ghaffar Azhar Ali CJ IV Mansehra 58
14 14 1 377/1 17/8/2000 18/6/2001 Syed Jalal vs Mst Zulfiqar etc Azhar Ali CJ IV Mansehra 53
15 15 1 183/1 23/2/2000 29/9/2001 Shams-Ur-Rehman vs Collector etc Azhar Ali CJ IV Mansehra 103
16 16 1 78/1 10/4/2001 26/9/2001 Muhammad Sajid vs Muhammad Farid Azhar Ali CJ IV Mansehra 43
17 17 1 428/1 29/11/2000 2/10/2001 Maal Afsar vs Chair man etc Azhar Ali CJ IV Mansehra 38
18 18 1 151/1 19/7/2001 12/10/2001 Mst Maslumi Bibi vs Mst Qasim Jane etc Azhar Ali CJ IV Mansehra 7
19 19 1 68/1 2/4/2001 22/10/2001 Qazi M Ashraf vs Govt NWFP etc Azhar Ali CJ IV Mansehra 22
20 20 1 424/1 16/11/2000 5/11/2001 M/S Central Asia Travels vs Manager Bank of Khyber & other Azhar Ali CJ IV Mansehra 38
21 21 1 112/1 8/12/1999 25/10/2001 Jahanzeb vs Mst Dilber jan Azhar Ali CJ IV Mansehra
22 22 1 124/1 12/6/2001 22/11/2001 Raja M Nawaz vs Abudal Hanan Azhar Ali CJ IV Mansehra
23 23 1 420/1 22/11/2000 20/12/2001 Mesars Kaghan vs Govt Azhar Ali CJ IV Mansehra
24 24 1 200/1 26/2/2000 2/11/2001 Gualam Mustafa vs M Shafi Azhar Ali CJ IV Mansehra 109
25 25 1 88/1 2/5/2001 11/12/2001 M Manzoor vs Divisional Forest officer etc Azhar Ali CJ IV Mansehra 32
26 26 1 52/1 10/3/2001 13/12/2001 More Baffa Kalan vs Register Copurative Society Azhar Ali CJ IV Mansehra 39
27 27 1 197/1 20/10/2001 10/12/2001 Gualam Mustafa vs I G etc Azhar Ali CJ IV Mansehra 26
28 28 1 117/1 11/12/1999 10/1/2001 M Saleem Vs Seyad Attar Shah etc Azhar Ali CJ IV Mansehra 50
29 29 1 21/1 25/1/2001 14/11/2001 Sher baz vs Sher Badar etc Azhar Ali CJ IV Mansehra 46
30 30 1 425/1 22/112000 24/9/2001 Mst Shamel Jan vs Snaboor Azhar Ali CJ IV Mansehra 59
31 31 1 NILL
32 32 1 206/1 29/9/2001 22/10/2001 Mir Afzal vs M Zaman Haq Nawaz Khan CJ V 11
33 33 1 68/6 15/11/2001 5/3/2002 Mir Afzal vs M Zaman Haq Nawaz Khan CJ V 13
34 34 1 45/10 23/10/1999 6/3/2002 M Farooq vs Ghulam Hussian Haq Nawaz Khan CJ V 53
35 35 1 24/1 16/1/2001 7/3/2002 Habib Shah vs Syed Mugbol shah Haq Nawaz Khan CJ V 85
36 36 1 10/1 9/1/2002 11/3/2002 M Arif vs Malik Aurgzeb Haq Nawaz Khan CJ V 22
37 37 1 57/1 19/2/202 13/32002 Gulfam etc vs Saoboor Alam Haq Nawaz Khan CJ V
38 38 1 2 27/10/2001 13/3/2002 Gulfam etc vs Saoboor Alam Haq Nawaz Khan CJ V
39 39 1 65/1 8/3/2002 14/3/2001 M Naser vs Tanver Ahmad Haq Nawaz Khan CJ V 22
40 40 1 13/10 2/3/2002 15/3/2002 Mohammad Yaqoob vs Mst Ghor Nasa Haq Nawaz Khan CJ V 14
41 41 1 15/1 23/1/2002 16/3/2002 Ghulab etc vs Gul Fam Khan Haq Nawaz Khan CJ V 51
42 42 1 58/1 4/3/2000 20/32002 Sardar Khan vs Govt NWFP Haq Nawaz Khan CJ V 50
43 43 1 178/1 31/7/2001 21/3/2002 Jehanzab vs Raza Hussain Haq Nawaz Khan CJ V 129
44 44 1 158/1 14/7/2001 21/3/2002 Haq Nawaz Khan CJ V 73
45 45 1 197/1 8/9/2001 21/3/2002 Hadayat Ur Rehman vs Mst Gul nisa Haq Nawaz Khan CJ V 38
46 46 1 221/1 15/10/2001 21/3/2002 Syed Dedar Hussain vs kushal Haq Nawaz Khan CJ V 19
47 47 1 41/6 8/10/2001 21/3/2002 Mst Gul Nisa vs Hadayat Ur Rehman Haq Nawaz Khan CJ V 17
[Title]
210
4.4.3 How the process is made?
The details rules for making process and its effective establishment have been described in chapter
7 of volume IV HROs. Here it will be discussed as what sort of modes have been prescribed
therein. It will also be seen that despite have been done enormous development in the sphere of ICT
the process serving agency is yet to be modernized in lines with the requirements of modern age.310
Part B of the said rules says
“Every attempt should be made to effect personal service in the first instance and failing that
service on an agent or a member or a member of the family. The process server should go again
and again for the purpose if there is time before the date fixed for scrutiny of service.”
While discussing the substituted modes of service it has been laid down
‘when the court is satisfied that the defendant is keeping out of the way for the purpose of avoiding
service, or that, for any other sufficient reasons the summons cannot be served in the ordinary way,
service may be affected by affixing a copy of the summons in some conspicuous place in the court
house, and also in some conspicuous place of the house, if any, in which the defendant is known to
have last resided, or carried on business, or personally worked for gains, or in such other manner
as the court thinks fit.’
News paper publication has been termed as a sufficient mode for substitute service.311 The
registered postal service is being used in case the defendant is resident beyond the district where the
court is situated.
The ground realities show that thanks to unprecedented burden on the civil courts and the lack of
resources with the process serving establishment, it is nearly impossible to work as per above
legislative plan. The deteriorating law and order situation in the province has made it difficult for
310 Mian zafar iqbal, Proposed Amendments in civil procedure code, see http://www.zklawassociates.com/wp-content/uploads/2012/03/Propsed-Amendments-in-CPC.pdf (last visited on 3-3-2013) 311 Rule 4 of part B as mentioned above in main text.
211
the process servers to go to defendant residence and return back safely. Months ago a senior process
server was killed when he was trying to arrest a defendant in execution proceedings in district
Nowshera. The data collected from various districts reveals different barrier as why the timely
summons is not being served312.
The data released by the PTA shows that the average mobile penetration has reached to 68 per cent
in the whole country.313 That means that majority of the population got cellular phones in their
pockets. The process can be become more safe and easier if the same device is used for contacting
the defendant party. The other ICT tools like electronic mails, fax, etc can also be used to inform
the far flung defendants. The outsourcing of process serving to private courier companies is another
option in this regard.
Table 17: Showing Mobile Density in Pakistan
Year Mobile
Density
2003-04 3.29
2004-05 8.30
2005-06 22.21
2006-07 39.94
2007-08 54.60
2008-09 58.20
2009-10 60.4
2010-11 64.8
2011-12 68.5
Jul-12 67.6
312 In order to collect a comprehensive picture in KPK was district was collected from each division of the province i.e. Abbottabad from Hazara Division, Dir Upper from Malakand Dvision, Nowshera from Central Districts and D.I. Khan from Southern Districts. 313 See http://www.pta.gov.pk/index.php?option=com_content&view=article&id=269:telecom-indicators&catid=124:industry-report&Itemid=599 (last visited on 2-4-2013)
[Title]
212
Aug-12 68.0
Sep-12 68.3
Oct-12 68.8
Nov-12 69.8
Dec-12 68.8
Jan-13 68
Source: PTA website
4.4.4 Copies of record.
The detail procedure for obtaining copies of the record has also been taken down in the high court
rules and orders.314 Only parties to the case are entitled to have copies of the record with limited
access to strangers as well to have copies of documents except that of exhibits.315
The rules provide a lengthy procedure for getting copies. After taking written permission from the
court or registrar of the high court and affixing proper court fee, the same has to be presented to the
copying agency. The in-charge of the copying branch will inspect the application and if the same is
in order then he will order the copies to be provided.
314 See part b of volume V chapter 3. 315 ibid
213
Picture 21: A view of sign board installed outside of the Copying Branch in district
Abbottabad.
Source: Picture taken in Abbottabad in March 2013.
The normal time for provision of copies has been fixed as three days. However, this is not so in
practice as the application is forwarded to central record room and wait is made for the file to be
recovered and then transmitted to copying branch to be photocopied. Another hassle is to fix proper
court fee on the application as per page for getting attested copies.
This is one of the important area that needs to be seen and amended on priority basis. Each and
every day, piles of papers are received from the Registrar PHC. It includes various nature of letters,
directions, proformas asking for feed back and data collection, as well news-letters and routine
correspondence. The DSJ, who is also responsible for supervising subordinates courts, manages his
own court, and distributes judicial business among the subordinate courts, is required to personally
go through all the papers, then distribute the same among the judicial officers, get feedback and
onward communicate the same to the concerned section of the PHC.
4.5 Communication with the PHC
[Title]
214
Picture 22: View of the official letter-head of PHC
Source: PHC
‘All communication should be addressed to the registrar Peshawar high court Peshawar and not to
any official by name.’ One can notice this message to be pasted on the top of each and every
communication letter issued from the PHC. Apart from the postal service, fax, voice and email
addresses have been mentioned, however, only the fax is widely used for the purpose. The use of
email is limited to sending statistical feed back in form of filling DPEP tables.316
Picture 23: DPEP Proforma
316 This is called Disposal Performance Evaluation Policy. This show as how much cases have been
disposed off and its various categories plus showing the ages of pending and disposed off cases. A same of
the same can be found at www.peshawarhighcourt.gov.pk/images/DPEP.xls whereas its detail guidelines
are available at www.peshawarhighcourt.gov.pk/images/Draft.doc (last visited on 3-4-2013)
215
Source: PHC
While talking to a district judge who supervises comparatively a light station in KPK, it was pointed
out that DSJ is mentally pre-occupied in judicial as well as administrative work. The latter includes
communication with the high court as well as with other state departments plus the supreme court
of Pakistan as well. The judge revealed that every morning a bundle of paper is placed before him
that consumes at least one hour. The time can be consumed more when the station is a bit busy like
Peshawar, Abbottabad and D.I.Khan. Five to ten communications are received in a district on daily
basis. And sometimes a single letter involves multiplicity of replies as the data has to be collected
from various courts and then send back to high court. The officer indicated to two recent events
wherein the apex court directed that all the ghost public schools be traced and reported back and
secondly, it was also ordered that the municipal department be vigilantly watched to make regular
cleaning of the municipal areas. Thus, similar nature matters multiplies the duties of judicial
officers and thus they have to be supported through ICT tools in order to manage their job and send
compliance reports in time.
S.# Y No A P Y No Y No Cn Ep Rn Os
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
IFY
OU
HA
VE
AN
YD
EF
ICIE
NC
Y,
AD
OP
TY
OU
R
ST
RA
TE
GY
TO
AC
HIE
VE
TH
EG
OA
LS
AN
D
TA
RG
ET
S,(
wri
teb
elo
win
giv
en
space)w
ill
be
ev
alu
ate
d
in n
ex
t st
ate
men
t
New Cases
(Pending from 1/1/2009)
Dis
po
sed
of
No
. o
f C
ase
s in
wh
ich
Co
un
sel
av
ail
ab
le (
A)
on
fir
st
date
or
pro
vid
ed
(P
) fr
om
th
e l
ist.
A/P
; (P
.DI-
13
).
No
. o
f case
s d
isp
ose
d o
f su
mm
ari
ly
No
. o
f case
s in
wh
ich
co
nv
icts
rele
ase
d o
n p
rob
ati
on
Pen
din
g
Inst
itu
ted
New Cases Backlog
Tra
nsf
er
in t
he D
istr
ict
Old Cases
(Pending upto 31/12/2008)
Pen
din
g
Tra
nsf
er
in t
he D
istr
ict
Tra
nsf
er
ou
t o
f th
e D
istr
ict
Bala
nce
Pen
din
g
Tra
nsf
er
in t
he D
istr
ict
Tra
nsf
er
ou
t o
f th
e D
istr
ict
Bala
nce
No
. o
f P
rio
riti
sed
Cases ,
if
Wom
en,J
uvenile
,Tra
de,C
om
merc
ial and/o
r
Investm
ent
rela
ted:
(P.
DI-
21).
Infl
ux
Jud:Work Days(JWD):
Categories Bala
nce
Dis
po
sed
of
Dis
po
sed
of
Tra
nsf
er
ou
t o
f th
e D
istr
ict
No
. o
f case
s /
matt
ers
in
wh
ich
no
t p
rod
uced
acco
rdin
g
to l
aw
/co
urt
ord
er/
; (P
. D
I-3
, 7
, 8
10
c)
No
. o
f case
s in
wh
ich
an
y a
cti
on
in
itia
ted
acco
rdin
g
to (
P.D
I-1
5)/
PP
C a
nd
/or
CrP
C i
n c
ase
th
ere
is
en
try
in p
rev
iou
s co
lum
n
No
. o
f f
riv
ilo
us
case
an
y f
ine i
mp
ose
d o
r o
ther
step
s ta
ken
.(P
. D
I-1
4)
Fo
r O
ld C
ase
s, A
1=
(10
-8),
A=
(7-5
), B
=(4
-3),
C=
(2-1
),
D=
(belo
w 1
)%, co
nv
ert
ed
in
to N
um
ber
of
case
s,
dis
po
sal
of
tota
l p
en
den
cy
; (P
.DI-
9 &
10
, D
PE
P-4
).
Infrormation
Name:
Desig:
DPEP-IV(Proforma (Criminal), D & Sessions Judge)
No
. o
f p
eti
tio
ns
dis
po
sed
of
bey
on
d s
tip
ula
ted
peri
od
of
3/5
or
15
day
s; (
P. D
I-4
, 5
& 6
)
PID:
Distt: & Station:
Year Month Week
Total Work Days:
Juvenile/J.J.S.O.
Non-JWD:
Leaves:
Over all Civil, Score/Grade:(Column 6+7 divided by 2 =
Mis
cell
eneo
us-
Dis
po
sal
of
Pit
ty N
atu
re C
ase
/ M
isc.
Ap
p.(
P.D
I-
11
&1
6)
Hebeaus Corpus
Remand;(P.DI-8&12)
Challan;(P.DI-6)
Haad
Prohib
Zina
Prop
Qazaf
Punish abv.7yrs(Compl)
Cr.Appeal
Cr. Revision
Review
B. App;(P.DI-1,3 &4)
B.Canc.App;(P.DI-5)
No. of bailable cases in
which surities not
furnished; (P.DI-1& Expl:
T.AppU/S, 528CrPC(7days)
Superdari(7days)
Disposal of Property(7days)
List other misc. matters
punsh. upto 7 yrs(FIR)
punsh. upto 7 yrs(Compl)
Punish abv.7yrs(FIR)
Production of Witnesses
Production of case property
Proceedings under 514 CrPC
Preventive Detention
No
. o
f C
ase
s D
isp
ose
d o
f D
uri
ng
Jail
Vis
it
No. of Disposed of
Contested(Cn),Ex-
parte(Ep),Remanded(Rn
)or Others(Os), No. of
cases.
Fo
r N
ew
Case
s A
1=
(10
0),
A=
(80
), B
=(6
0),
C=
(40
),
D=
(belo
w 1
0)%
dis
po
al
in st
ipu
late
d p
erio
d;
(P.D
I-9
,10
,
DP
EP
-6)
No
. o
f case
s d
isp
ose
d o
f u
/s 2
49
- A
/ 2
65
-K C
rPC
; (P
. D
I-
10
e)
Arms Ord.
Illegal Disp. With in 60 days ref. St.
SCMO cases (60 extendable to 90 days). Appl. ref. St
Forest
Foreigner Act
No. of cases in which
convicts are in jail due to non
payment of diat, arsh, daman
etc.(Based on Jail Report);
(P.DI-18)
If all Miscellaneous matters dispose of in Time Standard then indicate
here,(will be checked during inspection) and add 10 Score to Civil New
Cases, Y/N →
Note: "P" Referes to Para of NJ Policy 2009. "NEW CASES BACKLOG" refers to those New cases which are not disposed of in stipulated time.Transfer includes Remand
List (Law) under which case tried, excluding the above categories
Total
# of Wmn relsed on bail
Foreign Exchange laws
CNSA/Narcotics
Anti-Terrorism Cases
Intellectual Property cases/Appeals with in 6 months
# of womn cses decided
Consumer law
[Title]
216
The Sindh High Court has done valuable work by providing a separate tab on its main web portal
titled www.shc.gov.pk for the member of district judiciary. Wherein the member can login to
secure site by entering their username and password and then have access to personal information,
to make online leave applications, case flow management system etc.
Having discussed nearly every aspect of he judicial dynamics, it may be guessed as what ICT
system should be implemented for conducting judicial work at district level. However, for this
purpose, it is necessary that basic infrastructure should be there in the field. It includes internet
facility and viable electric supply to erect a trustworthy e-justice system. The situation is poor as per
given table.
Table 18: Showing Electricity/Internet situation at KPK District Level.
Source: Data collected from various district in April 2013.
Distt name Electricity availabilty Internet availabilty Electric Back up
Peshawar Uniterrupted System Only to Principal Courts Generator Supply
Nowshera 70% time only Only with DSJ Only DSJ
Mardan 50% time only Only with DSJ Only DSJ
Swabi 40% time only ditto Generator Supply
Charsadda 35% ditto ditto ditto
Haripur 50% time only All Courts Generator Supply
Abbottabad 60% ditto Only to Principal Courts ditto
Bannu 50% ditto Only DSJ ditto
Mansehra 60% ditto All Courts Generator Supply
Kohistan 90% ditto nil nil
Dir lower 80% ditto only Principal Courts Generator Supply
Dir Upper 50% ditto Only Principal Courts Generator Supply
Chitral 30% ditto very weak weak generator supply
Malakand 40% ditto Only DSJ Generator Supply
Batagram 40% ditto ditto Limited ditto
Lakki Marwat 40% ditto ditto Generator Supply
DI Khan 50% ditto only DSJ Generator Supply
Tank 50% Ditto Only DSJ Generator Supply
Kohat 60% ditto Majority of the courts Generator Supply
Swat 50% ditto Only DSJ Generator Supply
Buner 50% ditto Only DSJ Generator Supply
Hangu 20% ditto All Courts Generator Supply
Shangla 35% ditto Only principla Courts Generator Supply
karak 30% ditto Only DSJ Generator Supply
4.6 A view of basic infrastructure across KPK Courts
217
This is the overall sketch of the KPK district headquarters. Electric supply is available from average
from 40% to 50%. Internet availability is limited to principal courts i.e. DSJ and SCJ. No internet in
district Kohistan and weak internet in district Chitral was reported. As far as the backup is
concerned electric generator fuelled by petrol or diesel is available nearly in all the district
headquarters. Apart from the above there are following 31 tehsil courts.
Table 19: Showing Electric/Internet situation in tehsil courts of KPK
317
Source: Data collected from various stations of KPK in April 2013
317 In order to make further insight into the district-wise position, the author further collected data from all the branches of districts called tehsil courts. Either presiding officer posted at the concerned station was contacted through telephone or his staff member was selected for interview. For the purpose of contacts official telephone number was used at the recipient end. The same was collected in March – April 2013.
Tehsil Courts electricity Phone internet e-backup
Tangi 50% Yes Yes Generator
Shabqadar Ditto yes yes Generator
Takht bhai 20-30% yes yes limited
Lahor 30% yes nil Generator
Tootalai 20-25% ditto yes UPS
Chakesar 20% yes nil generator
Bisham 100 Yes Nil generator
Puran 30% Yes Nil Nil
Ghazi 50% yes yes weak
Balakot 40% Yes Yes Limited
Oghi 50% Yes Yes Limited
Allai 30% yes yes generator
Pattan 50% yes yes Nil
Khuazakhela 35% Yes Nil Nil
Kabal 30% Yes Nil Nil
Matta 25% yes Nil limited
Bahrain 20-30% yes Nil Generator is there but no fuel
Drosh 100% but weak yes Yes- weak yes
Boni ditto Yes Nil yes
Wari 30-40% Yes Nil Nil
Sheringal ditto yes nil Nil
Chakdara 30-40% yes nil Generator
Lal Qilla 10-15% Yes Nil Nil
Samarbagh 50% Yes Yes Generator
Thall 30% yes nil generator
BD Shah 70% yes yes generator
T.Nusrati 30% weak yes yes weak
Kolachi 50% yes yes generator
Paharpur 50% yes yes Generator
Havilian 20% yes nil limited
Dargai 20% Yes Yes generator
[Title]
218
The survey revealed that no efficient power back up and internet is available there. Thus the overall
situation is not very encouraging and there is need of more to be done in order to reach to a position
where one can rely on the infrastructure for the purpose of introducing ICT. However, two things
are noteworthy i.e. that internet in available in principal seats with generator to supply back up in
the court hours. If these are improved and access is provided to all the courts and the electric back is
also improved through solar system, then the phase wise e-communication can be hoped to bring
change.
Figure 74: Ground response regarding power/internet facility
Source: Data collected from various districts of KPK.
0
20
40
60
80
100
120
Pe
shaw
ar
No
wsh
era
Ch
arsa
dd
a
Mar
dan
Mal
akan
d
Swat
Dir
up
Dir
Lo
w
chit
ral
shan
gla
Bat
agra
m
Ko
his
tan
Man
seh
ra
DI K
han
Ban
nu
Ko
hat
Lakk
i
Tan
k
Han
gu
Kar
ak
Hai
pu
r
Swab
i
Ab
bo
ttab
ad
responce showing ground situation
Encouraging
Normal
Dismal
219
Figure 75: Showing basic facilities of electricity and internet etc in District Courts in K.P.K
Source: Data collected from various districts of KPK
As far as the Tehsil position is concerned, the situation there is not very encouraging.318 Power is
not there on regular basis. Only telephone facility is there in every Tehsil to the extent of only one
court. Internet is not there as usual. The same has been installed by the presiding officer through
their personal settings and not as polity of the parent department. Power generator is not provided
normally. Where there is availability, the same is non-functional due to absence of fuel supply.
318 The author personally telephoned each and every tehsil station and made interview with the court staff or presiding officers regarding electricity telephone and net availability. The data was collected during month of April 2013.
0
20
40
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Pe
shaw
ar
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wsh
era
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dan
Ch
arsa
dd
a
Ab
bo
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ad
Har
ipu
r
Man
seh
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Bat
gram
Ko
his
tan
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Ch
itra
l
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Dir
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Mal
akan
d
D.I
.kh
an
Lakk
i
Tan
k
Ban
nu
Ko
hat
Kar
ak
Han
gu
Bu
ner
electricity
internet
e-backup
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Chart 76: Showing availability of electricity in Tehsil courts of KPK
Source: Data collected from Tehsil in KPK.
As far as the landline teledensity is concerned the chart below show it as hundred percent. During
the data collection official telephone was used at the recipient end. The same was available in every
Tehsil principal court only. Fax is also installed along with the landline connection.
Chart 77: Showing Teledensity in tehsil court in KPK
Source: Data collected from various tehsil in KPK.
0
20
40
60
80
100Tangi
ShabgadarTakhat Bhai
LahorDargai
Chakdara
Samarbagh
L.Qilla
Wari
Sheringal
Drosh
BoniBahrain
MattakabalKhuazakhelaPuranChakesar
BishamTotalai
Ghazi
Havelian
Oghi
Balakot
Allai
Pattan
Thall
BD shahT.Nusrati
PaharpurKulachi
Tehsil Courts
Normal Electricity
0
20
40
60
80
100
120
Telephone
Tangi
Shabgadar
Takhat Bhai
Lahor
Dargai
Chakdara
Samarbagh
L.Qilla
Wari
Sheringal
Drosh
Boni
221
Internet penetration is taking place slowly. In hilly stations like Drosh, Bisham etc the server quality
is poor and it was complained that connection drops intermittently hence no smooth surfing.
Chart 78: Showing Internet penetration in tehsil in KPK.
319
Source: Data from Tehsil court in KPK.
Thus it can be presumed that Tehsil courts are a bit on weaker position than the district
headquarters and the same need to be brought at par with the district headquarter in order to make
efficient ICT installations at grass roots level.
Another interesting feature is that the number of tehsil courts is more than the district headquarter.
These may be called as mini-districts as in some Tehsil additional ADJs are also setting thus
providing a full fledged chain of the courts. The process serving agency along with account
branches and Tehsil bar rooms are also working in Tehsil courts. Thus it is needed that they should
also be strengthened as well.
319 This chart depicts as how the Broad band internet is available in tehsil courts in KPK.
0
20
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60
80
1001
2 34
56
7
8
9
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1213
141516
171819
2021
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2829
3031 32
Internet Penetration
Internet2
4.7 Cloud System--- Not required at present.
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The Cloud System can be explained as:
“…. resources are retrieved from the internet through web-based tools and applications, rather than
a direct connection to a server. Data and software packages are stored in servers. However, cloud
computing structure allows access to information as long as an electronic device has access to the
web. This type of system allows employees to work remotely.”320
Similar views has been expressed by Amy Chou and David Chou of Illinois University
‘Cloud Computing is a new computing platform where hardware and software are delivered to users
in a manner that resembles the way utilities such as electricity are delivered to households today. As
the users increasingly demand to satisfy their immediate information need, Internet has become a
preferred platform to deliver information. The term of cloud comes from the use of a cloud image
that represents Internet or large networked environment. However, in cloud computing, cloud doses
not just only include data pipes, routers, and servers, it also involves providing services and
capabilities to build application’.321
Model of Cloud Computing System
Source: Websource
320 See http://www.investopedia.com/terms/c/cloud-computing.asp (last visited on 3-3-2013) 321 Amy and David, Could computing from the perspective of system analysis, see at http://www.swdsi.org/swdsi2011/2011_SWDSI_Proceedings/papers/papers/PA111.pdf (last visited on 3-3-2013)
223
Cloud computing system is the hall mark of IT voyage that started in the decade of 1970s when the
large mainframe computer were used for getting outputs only e.g. financial statements, billings etc.
In the second phase, limited online system started to work like the use of ATMs.
The third phase was the PC revolution. It was in 1980s when the end users got desktop computer
and started to perform functions like word processing, spreadsheets, store information etc.
The explosion of www in the mid 1990s brought a lot of changes. The businesses started to invest
more in the IT but the structural and technical barriers were still there. The situation took a downfall
during 2000 to 2003 when the capital invested did not bring the expected results.
The web 1.0 is considered the fifth IT phase when the end users were freed to individually use
internet service by conducting personal activities like email, e-shopping, social media and
e-banking transactions etc.
The fifth period is web 1.0 plus outsourcing. Here the front end of the business came on the web
page and the back end was outsourced like simple transactions, system support etc that could be
obtained else where in the world with less costs. All the major companies in the world uses Indian
call centers for consumer services and technical solutions.
The recent phase is the combination of web 2.0 plus outsourcing. Here both the front end and back
end is outsourced. Here all the things happen in virtualized organizations instead of virtual ones.
The teams are located scattered in the world and connecting through web 2.0 by using PCs, mobile
technology and cloud computing services.322
322 Al-bento, cloud computing – a new phase in information technology management, Journal of information technology management, volume XXII, no 1, 2011, at http://jitm.ubalt.edu/XXII-1/article4.pdf
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Structure of Cloud Computing System
Source: Websource
Specimen modle of Cloud Computing System
Source: Websource
225
The ground situation at KPK, as discussed earlier is not very encouraging. Complications prevail as
there is huge gape between the public sector and private one. The justice sector is lagging behind in
the race of IT when compared with other departments like accounts, NADRA, Banks etc.
Picture 24: Proposed e-voting model
Source: websource
Here an example of how ICT is making revolution at the public sector is the proposed project to
election commission of Pakistan and NADRA to facilitate e-voting for over seas Pakistanis. The
software was prepared overnights at the direction of apex court at the cost of $15 million.
‘On the polling day voters will have to come to the polling station. They will be required to produce
MRP and CNIC. The process of voting will be simple and the vote will be cast in ECP database
without recording identity of the voter. On the completion of polling the ECP will have electronic
result available in the database. Constituency wise aggregate result will be printed by the ECP and
faxed to the returning officer to be included in the preliminary results.’323
This is something miracle in the context of public department and in a developing country like
Pakistan. Even the fast developing countries like India and western countries have not opted for e-
balloting for its abroad citizens. This proves the fact that ICT can make possible imaginary things
323 The statement of Tariq Malik, NADRA chairman as quoted during the General Election 2013. The project was termed unfeasible later on when SCP issued final order on the issue of voting rights to overseas Pakistanis.
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into reality that can change the socio-political landscape in the country. This event also provide a
valid argument in favor of this thesis that when million of foreign exchange can be spent on a single
day exercise then why the same is not taken into consideration for most important justice sector?
Thus cloud system is not an option for us at the present. We have to turn to the basics, start from the
scratches and go step by step, move slowly and cautiously. So in the situation, start is needed to be
taken from the grass roots level. To stress more concentrating on the basic functions that should be
performed on the computers. Initially, it will involve all the internal stake holders in the district
headquarter premises only.
Cloud system is also not suitable due the absence of necessary alternate system in case the
technology one develops faults and disruption thanks to internal and external factors. The human
expertise is also of low in the region. Budgetary constraint is also an issue that prevents the justice
sector to hire well qualified engineers for the purpose. The available working stock can run the
system to the extent of data feedback and performing external and simple acts. Software specialists
and system support workers are there in limited number in the IT sector of Peshawar High court
only at the moment.324 All these factors prevent the introduction of high-tech ICT infrastructure at
the moment.
324 As per PHC website only one MIS manager and two computer programmers are there to look after IT needs of the apex court. see http://peshawarhighcourt.gov.pk/MIS_Branch.php (last visited on 4-4-2013)
4.8 Local Server System --- Recommended Model
227
So having discussed that cloud system is not viable at the present time, concentration should be
given to develop a local server system in each district where court room are situated in a single
building with adequate infrastructure. The ideal location is the super structure of Peshawar Judicial
complex.325
Picture 25: Judicial Complex Peshawar
Source: PHC
Before proceeding further it is necessary to see as what is meant by the local server system or local
area network LAN?
Model: A model of LAN
325 See http://sessionscourtpeshawar.gov.pk/courts.php
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Local Area Network as is suggested by the name provides network capability to a group of
computers situated in a building, office, court, school, laboratory or home. It is used in order to
share information, files, printers, and other applications.326 Normally, cheap topology is used to
install a LAN network like Ethernet wires, network adapters, hub etc. More advanced technology
like wireless LAN and advanced LAN hardware are also used.
An old definition of the LAN technology has been forwarded as327
‘a local area network is a data communication network, typically a packet communication network,
limited in geographic scope.’ A local area network generally provides high-bandwidth
communication over inexpensive transmission media.’
A well elaborate sketch of the LAN system has been presented by Encyclopedia Britannica.
‘Local Area Network, --- any communication network for connecting computers within a building
or small group of buildings. A LAN may be configured as (1) a bus, a main channel to which nodes
or secondary channels are connected in a branching structure, (2) a ring, in which each computer is
326 See http://compnetworking.about.com/cs/lanvlanwan/g/bldef_lan.htm (last visited on 4-5-2013) 327 Clark David. An Introduction to Local Area Networks, Profeedings of the IEEE, volume 66, No. 11 Nov 178 see
http://groups.csail.mit.edu/ana/Publications/PubPDFs/An%20Introduction%20to%20Local%20Area%20Networks.pdf
(last visited on 4-5-2013)
229
connected to two neighbouring computers to form a closed circuit, or (3) a star, in which each
computer is linked directly to a central computer and only indirectly to one another. Each of these
has advantages, though the bus configuration has become the most common.’328
How the bus, ring and star topologies work? The images show the details.
Model: A view of BUS topology of LAN Stations
Model: A view of Ring topology of LAN Stations
328 See http://www.britannica.com/EBchecked/topic/345541/local-area-network-LAN (last visited on 4-5-3013)
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Model: A view of Star topology of LAN Stations
What is gathered form the above definitions is that LAN is an interconnection system where
computers are linked with one another through cables or wi-fi system without the facility of internet
technology. Various technical components are used in order to established LAN system.
Due to weak power system, low internet penetration, cyber security issues, and available
infrastructure at district level, LAN technology is the only viable option for KPK district judiciary.
The same can be implemented with low development costs and maintenance charges. The human
expertise is also not required to be par excellence.
231
4.8.1 Essential Components of the LAN topology.
After having chosen that LAN is the better option for developing an e-system for the district
judiciary of KPK, now it will be seen as how this system can be build up in isolation in the district
buildings. The installation of LAN networking is simple. It includes a few hardwares and an
operating system.
In the hardware the following are used normally.
• PCs/ workstations and servers.
• NIC/ Network Interface Cards.
• Cablings and Connectors.
• LAN switch, Routers, Hub. Concentrators.329
Model: Showing LAN equipment
330
Requirements of LAN software are
• Drivers of network interface cards
• Network operating system e.g. MS windows
329 See http://www.idp.net/sysinfo/networking.asp (last visited on 5-5-2013) 330 See http://blogs.netgies.com/2009/04/what-are-basic-components-of-wired-lan.html (last visited on 5-5-2013)
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• Network protocol software e.g. TCP/IP
• Application software like email and internet browser331.
• Network management software
• Routing and Control software.332
The same will be discussed in a bit detail now
4.8.1.1 Network Interface Cards (NIC)
This is a circuit board or card installed in a computer in order to connect the computer to a
network. This provides full time connection to a network.
Picture 24: NIC
333
Ethernet is the most common protocol used in LAN. When building a LAN network interface card
is fixed in each computer on network with similar installation in all the connected computers.
These are installed in mother board inside the computer. NIC assigns a unique medial access
331 ibid 332 ibid 333 See http://adythialaborer.files.wordpress.com/2009/11/network-interface-card.jpg (last visited on 5-5-2013)
233
control/ MAC address to the machine that facilitates communications among the workstations and
server. NIC transform data into special format and then back again for receive information.334
4.8.1.2 Cables and Connectors.
LAN cable is copper wire used to connected devices on LAN. This is popularly known as Ethernet
cable. There are two kinds of the LAN cables. First one is called category 5 and the second one is
known as category 6. Category 5 is made of twisted pair cable. Copper is being used in its
fabrication. It is enough to carry signals upto 100 mbps and can cover a distance upto a 100
meters.335
Picture 26: Network Cables and Connectors
The second one is also made of four pairs of copper wire. However, it utilizes fully all the four
wires and can carry a transmission upto 1 gigabit speed per second/ gbps.336
334 See http://www.wisegeek.com/what-is-a-network-interface-card.htm (last visited on 5-5-2013) 335 See http://en.wikipedia.org/wiki/Category_5_cable (last visited on 5-5-2013) 336 See http://compnetworking.about.com/od/ethernet/g/cat6-cables.htm (last visited on 5-5-2013)
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Picture 27: HUB
4.8.1.3 Switches, Hub, Concentrators, and Routers
LAN switch is the newer technology to that of LAN hub. It assigns to every network on the LAN a
special MAC address. Thus information is routed to individual computers. As information is not
routed to all the computers on LAN, full bandwidth is used for the communication to each
computer.337
Picture 28: Showing Switches, Hub, Concentrators, and Routers
337 Computers connected through switch technology. See http://rajkishor09.hubpages.com/hub/Setup-LAN-with-Hub-or-Switch (last visited on 5-6-2013)
235
Hub is the common connection point for devices in a network. These are normally used to connect
segments of LAN. Hub has multiple ports. When packets reach one port, it is copied to the other
ports so that all segments of the LAN can see all packets.338
“The main responsibility of the hub is to amplify the data in the form of electrical signals and then
broadcast the data over the network. A big advantage of the hub is to share the different
applications without the individual access and can share the resources with the help of hub. So hub
provides a convenient and easy networking for all the users connected to the device.”339
Picture 29: Showing Wifi Switch
LAN router is a device that forwards data packets along networks. A router is connected to at least
two networks, commonly LAN/ WAN or LAN and its ISP network. It is situated at the gateways of
two networks. Routers use headers and forwarding tables to determine the best path for forwarding
the packets and they use protocols to communicate with each other and configure the best route
between any two hosts.
338 See www.webopedia.com/DidYouKnow/Hardware_Software/2006/router_switch_hub.asp source of the photo is http://www.wifinotes.com/computer-networks/what-is-hub.html (last visited on 5-6-2013) 339 ibid
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Picture 30: A comparison of Hub and Switch System
The terms hub, router, switch is being user interchangeably, however the truth is not so. The
function being performed by these devices are different from one another even if these are fitted
into a single device. It is noteworthy that all the mentioned devices perform as central connection
for all the network equipments.340 It handles frame that carry data by application and transmitted to
destination PC. The modus operandi of handling frame is the main difference in these devices.341
‘In a hub, a frame is passed along or "broadcast" to every one of its ports. It doesn't matter that the
frame is only destined for one port. The hub has no way of distinguishing which port a frame should
be sent to. Passing it along to every port ensures that it will reach its intended destination. This
places a lot of traffic on the network and can lead to poor network response times.’342
Conversely a switch keeps the MAC addresses of all the systems on network and when it receive
information, it knows as to which part it needs to sent. Thus it increases speed and is better choice
340 See http://www.pcmag.com/encyclopedia/term/45902/lan-switch (last visited on 5-6-2013) 341 See http://www.webopedia.com/DidYouKnow/Hardware_Software/2006/router_switch_hub.asp (last visited on 5-6-2013) 342 ibid
237
than a hub device. On the other hand router is totally different thing. Where hub and switch work to
send frames, a router route packets to another network until it reaches to the destination. Thus a hub
contains not only data but also destination addresses. In short it can be argued that a hub keeps
together a network connections, a switch connects multiple Ethernet segments and a router perform
all these actions with additional job to route packets among multiple LANs and much more.343
4.8.2 Actual Application of LAN.
After having discussed as how the LAN works, the chapter will see its application in the district
courts of KPK. Majority of the district courts buildings are situated at a single point in walled
premises. The central server of the LAN can be placed in the office of district superintendent. The
already trained staff on computer can look after the system by keeping an eye on its running and
maintenance on regular basis.
Already in every court of the district, normal equipments that of computer, printer has been
installed. The offices of Muharrir, Record Room, process serving agency, accounts and copying
branch needs to be equipped with the same. When this project proposal was discussed with the
computer expert in district Abbotabad by the author, it was suggested that a separate IT room be
established in the district headquarter with at least two individuals who are well versant in operating
system software and can look after running of the networking.
4.8.3 Benefits of LAN Technology:
How the system will be benefited from the LAN Technology, the same is discussed as under.
4.8.3.1 Inter Connections
The services of software engineer are also necessary in order to design a suitable operating system
for the purpose. The present working status of the district judiciary is that nobody know as what the
other do or has done. This networking will expose the performance and file status among the
judicial officers and the ministerial staff. A civil case is landed in a civil court suddenly from the
court of SCJ. After writing and signing the order sheets the judges has no access to case file and
343 ibid
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can’t get any feedback until and unless the file is again turn up before him on next date of hearing.
The Muharrir is in dark as whether the summons issued by him have been served or other wise.
Similarly the in charge of process server agency can not supervise the timely issuance of summons
till he is given written report by the process server or directions are being issued from the court.
Similarly the performance of his official can not be evaluated and assessed on time and for this
purpose one has to wait till the end of the month when tables are drawn in the big log books.
A record room clerk is unable to manage and trace files efficiently. He has to climb the iron bars
and clear dust from the bags and search for the file. The account branch has to shuffle old register
on routine basis to make transaction of receipts and payments. The copying branch is heavily
dependent on paper files and making entries in various registers. The signing and attestation of each
and every file is also an issue for the incharge of the section.
All these ills can be betterly solved by the introduction of LAN. It will be a tall claim to say, that
everything will be okayed, however, at least off hand information will be available to inside the
stakeholder at the click of a button and on the screen of computer while sitting at the comfort of
their offices. The performance evaluation and data collection will be easier for the district
watchdogs. The same can be used for future planning and working strategy.
4.8.3.2 Surveillance
Having made all the courts and staff offices connected with each other, it will be possible for a
judicial officer to see that his orders are being complied with by the record keeper. The cases are
consigned to record room in time. The post restoration period of higher judiciary since 2009 has
increased work load on the district judiciary in terms of disposal of oldest cases and timely
feedback of divergent nature of information on daily basis. The networking technologies will assist
the judicial officer to supervise their own performance and make working plans of their court with a
comparative ease. It will be known to each and every officer as how much backlog has been cleared
and how much is still in pipe line. The nature of cases, its stages, delaying factors can be indicated
in time and the same can be handled in advance. The system will alarm the judicial officer
regarding the target cases and time limit for their disposal.
239
4.8.3.3 Work Distribution
Distribution of civil and criminal work has always been a challenging task for the supervising
courts. With the help of networking technologies, the principle courts will see the pendency with
each and every court and the disposal made by them. This will help in equalizing the pending work
on daily basis and no one will complain as having more or less share in the burden.
4.8.3.4 Data Collection
The collection and its systematic appraisal has always a headache for the DSJ as he is responsible to
supervise the attached courts and communicate constant reports to the high ups on regular basis.
After a that letter is being circulated among the courts and the same is then forwarded to the
ministerial staff for compliance. The latter opens the registers and data is entered in the worksheet
by the steno cum computer operator and later on the same is handed to the superintendent who
place it before the DSJ. This takes hours or even days. This heavy exercise can be handled with the
help of LAN. As all the courts data will be available to the district court, he is not supposed to catch
the staff and ask for data as the same will be available to at the click of a button.
4.8.3.5 Information Sharing
At present time, the courts can not liaison with one another in order to share legal questions,
information and updates in the field. The LAN will help to connect the judicial officers among
themselves via email and sending feedbacks and queries to a specific destination in the district.
Judgments can be viewed and further discussion can take place subsequently.
4.8.3.6 Crowd Management
Information kiosk has been formed in major cities of KPk district courts by providing information
to litigant public. If the same is connected with all the court record in the district, the rush can be
avoided in the courts as majority of litigant public comes for getting information regarding pending
cases. The law and order situation coupled with terrorist attacks on the state institution has posed a
major threat of security among the legal fraternity. The peak working hours are manipulated by the
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terrorists and they enter and attack at the garb of litigant public. The recent suicide attack on new
judicial complex at Peshawar is a glaring example in this regard.344
Picture 31: A view suicide blast at District Courts Peshawar in March 2013
The rush and crowd can be avoided if every case is fixed as per time allocated to it. Only the parties
having the booking slip that can be verified through bar code system at the entrance of the court
premises would be allowed to enter the court premises. The presence of undesirable elements can
be avoided at the earliest and the security staff will be at ease to check miscreants at the entry
points.
Picture 32: Copying Branch receiving application for duplicate copy
344 See http://epaper.dawn.com/ dated 19 March 2013
241
4.8.3.7 Record Management
The networking will also help in reducing the miseries of record room section. As already stated,
the district record room of Mansehra has taken the initiative by using MS worksheet for entering the
basic data of decided cases. The subsequent search is easy now. The clerk/ computer operator just
enter the case tile and number the rest is done in minutes. Every day hundreds of application for
getting copies and requisition orders from the appellate courts lands at the record room reception,
the whole working time is consumed by tracing the record. The networking will facilitate the job of
the clerks, they will get feedback in advance and will be able to plan the work well and use the extra
time in managing and sorting the record.345
4.8.3.8 Account Management
Similarly the account branch can get a helping hand from the networking form the LAN system.
The data can be transmitted from the trial court and muharrir direct to account branch who will
enter the same in his record. The major portion of work of the accountant is to visit banks, national
saving center and district account office on daily basis. If the record is connected is made connected
with these allied departments, a lot of time can be saved that can be utilized for better management
of the account section.
345 The first image shows as how the record room staff is busy in receiving application for certified copies. The image was taken by the author himself in district courts Abbottabad.
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242
4.8.3.9 Copying Management
The copying branch is always in hot water as the litigants come and go on regular basis to apply and
get copies of the needed record. If the networking includes the scanning of each and every copy of
the case record ad the same is accessible from other connected PCs then the copier machine will
handle the requests automatically. The click of a button will order the requisite record to be copied
and the rest will be done by the already installed copier device in the branch.
4.8.4 Monitoring and System Security.
These are two important issues in the development and implementation of the LAN project. As far
as the monitoring is concerned the same can be done either by an IT expert who is especially
hired/employed for the purpose. This is important in the sense that ICT is a field where constant
innovation and development take place regularly. The monitoring team will keep themselves
abreast with the changing situation and adopt the system as per needs of the client and market
developments.346
A sketch showing the process of Monitoring and Security
346 See http://www.radmin.com/solutions/corporate.php (last visited on 15-5-2013)
243
For this purpose LAN administrator has to be appointed who will be responsible to manage and
maintain the system, to over see enhancement and upgrade the same. He is required also to maintain
proper backup system in case the system develops failure. Moreover,
‘As part of regular maintenance, the administrator will monitor the daily activity on the network,
ensuring that the resources of the company are used in ways that are within the standards set for
employee usage. Often, the network administrator for a local area network will conduct random
testing of various programs and protocols on the network, to ensure that all the components are
working within reasonable limits. As part of the ongoing maintenance of the network, he or she will
also track the status of software and equipment licensing agreements, ensuring that the every
license is renewed at the proper time.’347
Here, in the special context of district courts, the LAN admin has to constantly monitor the system.
As the system will be getting feedback on daily basis form various courts and ministerial staff.
Keeping in view the fragile condition of electricity in the province, a viable and uninterrupted e-
back is also necessary. The admin has to make sure that the system goes live at least in the working
hours of the court timings. This guy should be free from other liabilities and he is given enough
rumination so that he works with full ease and satisfaction on the system. The admin has to keep in
touch with the market development in order keep pace with technological innovation.
The software installation and up gradation is also one of key function of the admin. Besides, the
LAN administrator has to create a redundancy plan in case the system develops failure to work. The
back up server should be in ready to take over the main and client servers in less than a minute in
order to ensure smooth functioning of the work. He should conduct diagnostics on the back up sever
and also to see that alternate power system is also there.348
347 See http://www.wisegeek.org/what-does-a-lan-administrator-do.htm (last visited on 15-5-2013) 348 ibid
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244
The security apparatus of the LAN system is also an issue in the prevailing volatile situation of the
province. A secure LAN is a vast subject and it is task of the admin to ensure that effective anti
virus system is installed; strong encryption system is there in order to prevent any unauthorized use
of the system.349 It is comprised of policies and provisions adopted by the LAN admin to stop and
monitor unauthorized use, malicious use, denial of access and denial of access issues.350
The network security refer to any plan directed to protect network, specially the usability,
reliability, integrity, and safety of data and system. It wards off multiple threats by stopping the
same from entering or spreading on to network.351 Although, the term network security is mainly
refers to online threat to the system, the same also refers to LAN in a limited sense. It can be argued
that a local area network may develop problems like
• Virus
• Data theft and interception
• Identity thefts
• Spyware, hacking attacks, zero hour attacks ( in case the system is linked to WAN)352
In order to protect the system, it is needed that both the hardware and software should be updated
from time to time. The network security refers to the blended composition of all the components.
The system may be protected through installation of firewalls, anti virus, intrusion prevention
system/ IPS etc.
349 Khoussanivo and Patel, LAN security, problems and solutions for the Ethernet networks, Computer Networks and
Distributed Systems Group, Department of Computer Science, UniÍersity College Dublin, Belfield, Dublin 4, Ireland,
23 May 2000, Computer Standards & Interfaces 22 _2000. 191–202, see www.elsevier.comrlocatercsi (last visited on
5-5-2013) 350 see http://en.wikipedia.org/wiki/Network_security (last visited on 5-5-2013) 351 See http://www.cisco.com/cisco/web/solutions/small_business/resource_center/articles/secure_my_business/ what_is_network_security/index.html (last visited on 5-5-2013) 352 ibid
245
For the court use, the LAN admin has to use strong encryption system for all the users of the system
and the same has to be changed from time to time. The most common method of protecting private
networks is to assign each one special user name and password.353
In order to ensure a foul proof LAN system it is necessary to have
• A strong firewall/ unified threat management system
• Strong Anti Virus Software.
• Strong Authentication Password
• Robust password in case using VLAN
• Awareness regarding physical security in the system’s users
• An expert LAN admin
• Main users account for accountability
• Viable backup system in case the hardware gets deleted the data due to security breaches.354
It can be fairly presumed that network security system is a fast growing subject. The admin has to
be in touch with the market technological developments in order to ensure a strong and viable
system for the smooth trustworthy court work.
4.8.5 Scanning of Each page is must
As already stated the present day court working is based on complete paper files. This is the main
source of information and the whole decision mechanism is based on it. The networking system will
have much room for provisions that each and every page of the case file is scanning and saved at
the very out set of the litigation process. This is important. The case file may be lost, damaged,
misplaced or required for more than one courts simultaneously. The process of reconstruction of
lost record is a cumbersome process and requires a lot of time and assistance of both the parties.
Once the file is scanned and saved, the same can be accessed by any court with much ease and
asking and waiting for record to be requisitioned from the record room or concerned court.355
353 See http://en.wikipedia.org/wiki/Network_security (last visited on 5-5-2013) 354 ibid
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246
The initial scanning process in district judiciary will be a bit innovative step for the stakeholders as
all are accustomed to old paper based system.356 The scanning can be done wither through
centralized scanning section or individual scanners can be installed in each and every court that will
scan the new institutions and upload the same on the system. The same will be transmitted to main
server and can be accessible by all the courts.
During the interview it was revealed that 10 to 15 cases are instituted in civil and sessions level on
daily basis and every file similar number of pages. Miscellaneous nature applications, petitions and
record of evidence also become part and parcel of the case file every day. Thus to store all these
case components in the LAN system needs a viable storage system comprising of gigabit space.
The retrieval of scanning involves two areas i.e. the pending cases and decided ones. The pending
cases also involves further classification of trail cases and cases in appellate forums in appeals and
revisions. When a case is decided the same is consigned to record room to become part court
archives. The same theory is application on the digital imaging of the stored files. The British
Columbia Institute of Technology has discussed in details as how the same can be dealt with.357 The
benchmarks it has designed are
a. E-documents should be verifiable in evidence.
b. Destruction of record when the use has expired i.e. should not be premature and not too
long as well.
c. Storing the record in the official repository.
d. Maintaining printed record of the necessary case files.
e. Transfer of e-documents to the custodian of e-document library.358
355 Benchmarks, onine access to court record, see http://www.courts.state.ny.us/publications/benchmarks/issue4/Benchmarks-Summer2006.pdf (last visited on 5-5-
2013) 356 The author conducted interview with the system expert of district abbottabad who pointed out that storage system in gigabit is required with fast scanning machines and full time updated and activated anti virus system should also be there. 357 See http://www.bcit.ca/files/pdf/policies/6701-procedures.pdf (last visited on 5-5-2013) 358 ibid
247
Special scanning rooms have been created in the Indian district courts where case files are brought
first. The same are scanned, uploaded, digitized in encrypted form in a centralized server. Only the
authorized person can access the record from the client server. This process has provided an
opportunity to avoid the time consuming process of retrieving the record from Maal Khana.359
A similar attempt has also been taken by the Bombay High Court as well recently. Here the
documents has been planned to be scanned ad stored digitally in order to save time and bring
transparency.360
‘Work is already on in the HC building to install high-speed scanners that can scan 120-160 pages
in less than a minute. After March, affidavits and documents pertaining to a case will be copied by
these super-fast scanners and stored in a digital format, thus allowing court officers to access the
information at the click of a mouse. On the ground floor of the HC, a room with conveyor belts,
computers and scanners is being readied where documents will need to be deposited. These will be
scanned, e-filed and circulated amongst the various departments of the judiciary. Main aim is to
bring in transparency in filing and numbering of petitions, their movement and status updates’361
What benefits are accrued from the digital imaging, the same has been stated by the Indianapolis
court record media storage standards. Among others, it includes alternate space in the physical
storage run out of space. back up for disaster preparedness. Preservation of the original documents.
Opportunity for the multiple users to access record simultaneously.362
359
Rishi and Monhanty etc, ICT in Indian Courts, challenges and solution, International
Journal of Internet Computing (IJIC), ISSN No: 2231 – 6965, Volume-1, Issue-2, 2011at
http://interscience.in/IJIC_Vol1Iss2/paper4.pdf (last visited on 5-5-2013)
360 The Time of India report at http://articles.timesofindia.indiatimes.com/2013-02-03/mumbai/36721092_1_high-court-bombay-hc-litigants (last visited on 5-5-2013) 361 ibid 362 Rule 6 of chapter 16 of the court records media storage standards, at http://www.in.gov/judiciary/admin/files/pubs-trial-court-16-imaging.pdf
[Title]
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The question will be in need of a reasonable answer as whether the district judiciary will be ready to
embark upon this huge project of scanning mechanism in the initial stages of LAN? Every day
hundreds of pages are generated by the lawyers, deed writers, judges, court officials and litigant
publics. For this purpose super heavy storage will be required. Issues like Proper and safe rooms,
supervisory technical staff, maintenance, upgradation as well as routinely referred budgetary
restraint need to be looked into in advance. Despite building the digital image repository, traditional
paper based system will not be discarded until and unless trust is developed on the new system.
4.8.6 Utilization and standardization
In order to make the project more feasible and productive it is necessary the available resources are
utilized to utmost level and reliance be placed on resources in hand at first. Computer, printer, DSL
connection, copier are available in majority of the districts of KPK. Computer operator and limited
system expertise is also there that needs to be harnessed through provision of short courses in
judicial academy. Entering data is also not a major issue as ministerial staff knows the same and
only guidance is required by the expert. The judges uses IT gadgets like laptops, social media
portals, various network portals for academic, entertainment, information and legal purposes.
Hence, change in attitudes towards IT tools should not be a major concern in this regard.
The standardization in ICT gadgets is also an important factor in the LAN operation. It is necessary
that software and hardware used in the building of the system are of equal and the same standard in
all the districts in order to ensure efficiency, interoperability, and innovation.363 For this purpose an
IT committee at top level will devise plan as what sort of tool standardization is required in the
initial stages. This step is necessary as the individual LAN systems comprising of divergent IT
apparatus will be counter productive and pose connectivity and quality problems in case all of them
are connected to main server system located in the high court. A single brand of compute hardwares
and softwares needs to be installed in all the stations. This will also help to look after the system
errors from a distance through limited expertise and maintenance costs.
363 see https://docs.google.com/viewer?a=v&q=cache:d8MacP1UTCsJ:download.microsoft.com/download /7/F/9/7F9FEC37-84FF-4020-A243-9BEBE70DC0B9/Standards_in_the_ICT_Industry.pdf
249
How the system will be benefited on the proposed model of LAN, the same has been taken up in the
following lines.
The discussion of ICT use in district courts will be out of place if not taken in juxtaposition with
cost benefits analysis. The present working system involves costs that are acceptable to state
managers. Each year a specific amount is given to the apex court in the annual budget. The share of
district courts is meagre if compared with huge amounts allocated for other heads. This shows
justice being at the lower priority list of those who control the strings of provincial kitty. These
include policy makers, bureaucrats, financial managers, legislators and international donor agencies
etc. The main reason behind financial control of judiciary is lust for power. Magisterial powers
were used to be the domain of executive till mid 1990s. When separation of judiciary from
executive occurred, the later remained toothless in terms of judicial powers to arrest and detain
individuals for offences. Even before that the district courts were far inferiors to that of district tier
of executive in terms of infrastructure, allied facilities etc.364
Year Total budget in
million
Distt. courts share Percentage of the total
2000-1 Not available 118.4545 Not available
2001-2 ditto 130.3452 ditto
2002-3 --- 172.52279 ---
2003-4 --- 144.0569 ---
2004-5 58345.025 Not available ---
2005-6 --- ditto ---
2006-7 85346.528 399.683 0.347 %
364 The land mark judgment of Supreme Court in mid 1990s snatched judicial powers from executive organ of the
state.. The post of judicial magistrate was created that added to the power and strength of district judiciary.
4.9 Cost-benefits analysis of ICT.
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250
2007-8 114507.587 428.69538 0.468 %
2008-9 129013.938 469.246 0.364%
2009-10 163,024.166 788.6175 0.484%
2010-11 224962.318 1346.2833 0.599%
2011-12 164,010.00 1751.7738 1.069%
2012-13 205,542.00 2254.4597 1.097%
The budgetary allocations towards district courts show that meager share is given to justice sector
of district level. This was the sole reason as why recourse was made to foreign debt of ADB under
the famously quoted AJP. If the justice is given priority at national agenda then budgetary
allocation has to be enhanced, with reference to vital status of courts in maintaining equilibrium in
society that envisages enormous work load on courts at district level.
The normal working strength of a civil court is tabulated as
Sr. No. Post BPS Salary/costs Job
1. Civil Judge 18 85,000 Adjudication,
supervision,
communication.
2. Reader 09 20,000 Maintenance of
daily diary, to
answer litigant
query.
3. Comp. Operator 14 25,000 To record
evidence, taking
notes and prints.
4. Record Keeper 07 20,000 To issue
summons,
notices, record
keeping.
5 Peon 01 14,000 Look after
routine work
6. Misc. Expenses. 5000
Total 5 169,000 PKR
In the post NJP period a normal district court is burdened with at least 300 cases per civil judge.
Total working days in a calendar year are 241 by excluding annual vacations and Sundays as well
251
casual leaves. Whereas the daily cause list is to the extent of 30 cases. Thus a case is scheduled to
be fixed at least once in a month. Due to paper based system much of the working hours are
consumed in
▪ Preparation of daily cause list x 2 persons(15 minutes)
▪ Writing order sheets x 3 persons (5x30= 150 minutes)
▪ A normal judgment x 2 persons ( 1 hour)
▪ A short order x 2 (30 minutes)
▪ Composition x 1 (1 hour)
▪ Checking x 1 (30 minutes)
▪ Argument hearing (1 hour per normal case)
▪ Recording of evidence x 1 (1 ½ hours per normal case)
▪ Lunch+ prayers break x All (30 minutes)
----------------------------------------------------------------
▪ Total allocated court time = 360 minutes
▪ Time allocated per case= 12 minutes
▪ Total time required = 495 minutes
▪ Time required per case= 17.5 minutes
▪ Total shortage = -135 minutes
This is the working condition and time pattern for a civil court with normal pendency, trained court
staff, well geared machines etc. The allocated court time falls as being -37.5 % short provided due
time is given to each and every head of the judicial job. This element affects the overall court
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functioning as proper attention and time is not given to each and every case. The ratio of Qualitative
judgment is on the sharp decline in the province that lowers the dignity of courts in the minds of
litigant public. Many orders of the lower courts are then challenged before the appellate forums.
Thus more time and energies are wasted in the long run apart from unnecessary rise in the litigation.
The human population is on the rise and case burden mounts day by day. Recruitment of more and
more work force coupled with construction of building is not the sole panacea of the problem. The
policy makers have to look around and take a helping hand from ICT in the situation.
4.9.1 Time saving
Time is considered as the most precious asset of the court system. Due to rush of work
and limited time, a number of pending cases are adjourned to next date. This factor
causes delay in deciding of the cases in time. The ICT introduction will be beneficial for
the system as it will quicken the process by making it automatic and standardised. How
the various sections will be benefited, the same is discussed in length now.
4.9.1.1 Present Costs
The above discussion shows that in the paper based system, much of the limited court time is
consumed in writings on the paper for more than once, transfer of the same to other fellow through
paper or voice and then reproducing it again on paper. This vicious circle provides for no room of
innovation and betterment. This mechanism is also costly and is based on consumption of more
manpower. Ultimately the allocated funds for district courts are spent on head of salaries leaving no
space for infrastructure development. If basic networking is done in the ordinary civil court,
changes will occur as;
Present ICT workstation: 1 desktop computer
1 Printer
Worker: Comp. Operator/ Steno
Expenses: Rs. 30,000/-(one time)
Maintenance: Rs. 2000/- pm
Total: Rs. 32000/-
253
4.9.1.2 Proposed functions
In the proposed environment
Reader: Computer, to prepare daily list, take print
out, schedule diary and transmit the data
to judge, record keeper and main informa-
tion kiosk to be displayed to public.
Comp.
Operator: Computer, to take evidence and store in
the system, take print outs, short orders and
judgments to be received from judge’s sys-
tem, make it in proper format and then re-
send to judge for final print. Can maintain
digital record of the evidence/ arguments.
Judge: Computer, to oversee the allied staff perfor-
mance. To manage case flow in his court for
each and every case. The system can alarm in
respect of the old pending cases in advance.
Can get advance feedback from allied players
Staff in pending cases. This can help in time
and resources allocation to court work justly.
Muharrir: Computer, to issue summons/notices/warnt.
Communicate with reader regarding prog-
ress of fixed cases for tomorrow. This can fa-
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254
cilitate the court to concentrate on those ca-
ses where meaningful hearing can be made.
This can save a lot of time of the court as the
will know in advance regarding his future cau-
se list. To prepare statistical reports, consign-
ments, make requisition, quarterly statement.
4.9.1.3 Time analysis of various court sections
New time patterns after average level ICT in a civil court;
After ICT
(30 civil
cases daily)
Person minutes Before ICT Persn Mnts Difference/Time saving
Cause list 1 05 Cause list 2 15 10 minutes /1 individual
Order sheets 1 60 Ord.sheets 1 150 90 minutes
Judgment 2 60 Judgment 2 60 Nil
Short order 2 30 Short order 2 30 Nil
composition Nil Nil Compositio
n
1 60 60 minutes /1
Checking Nil Nil Checking 1 30 30 minutes /1
Arguments 1 60 Arguments 1 60 Nil
Evidence 1 90 Evidence 1 90 Nil
Total Court
Time
360 -------- 360
Total minutes 305
495
55 (15%)
55 minutes surplus
135 minutes shortfall
It is clear that in the relative digitized environment, time and manpower is saved. In paper based
system time is short as compared to pending work which is 30 civil cases daily. The pending work
can not get proper attention that result in reducing quality standards of judicial work. After making
proper networking and assigning work to computer trained staff, the work flow gets speedier that
not only eradicates time shortfall but also creates surplus court time by nearly one hour daily. The
same if multiplied on annual basis, provides an additional 1.8 months time. Thus a normal civil
255
court gets a bonus of additional two months court time which is an excellent opportunity to manage
court work more properly, expeditiously and with proper attention.
Time frame in pre-digitized environment
Total pendency Daily pendency Time per
case
Total
Time
Increase/
Decrease
Converted in
months
300 30 17.5 mnts 360 mnts -135 mnts -4.5
Time frame in post-digitized environment
300 30 10.16 305 + 55 +1.8
Further breakup of the post digitized environment would show that court time is improved by
having an additional 1.8 month court time. The same can be utilized for 1303.937 more cases. Thus
the percentage of overall efficiency enhancement will be by 18.035 %.
Time/case ratio denoting deficiency / efficiency.
Daily
time/
minutes
Daily
cases
Monthly
time
Monthly
cases
Time per
case/
minutes
Actual
cases
that can
be heard
per day
Leftover
cases/
%
Deficiency
360 30 7230 602.50 17.5 20.57 9.428 30.3
After digitization
Space for
more cases
daily
%
Efficiency
360 30 7230 602.50 10.166 35.41 5.41 18.035%
This is quite encouraging in the mounting backlog scenario. The same also creates a sound
argument in favor of ICT related investment in the district justice sector in KPK.
Muharrir/ Record keeper performs a vital role in day to day business of the court. He is performs as
a bridge between the litigant public, other stakeholder and the court. He receives and dispatch
judicial record round the clock during court time. Thus his office is always busy. Thanks to his
multi-dimensional role, he is the most entitled figure for ICT umbrella. Below tabulation shows his
actual and proposed position.
Comparison of Muharrir role with ICT/ 300 pendency
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Function/Paper Daily
Time/mnts
Function/ICT Change/minute
Difference
Differenc
e %
Summons/Notices/50daily 090 050 +040 55.556
Registration/1 020 010 +010 50%
Requisition/3monthly 009 003 +006 33.33%
Consignment/1m 040 020 +020 50%
Statistical data/4m 009 001 +008 11.11%
Summon dispatch 020 000 +020 0%
Application for attested copies/2d 040 010 +030 25%
Publication in newspaper/1m 002 000 +002 0%
Total 230 094 +136 40%
Source: Interview with author’s own staff in Abbottabad.
The analysis indicates that record keeper of a normal civil court who got pendency of 300 cases and
30 cases daily, is relieved by 40 % in his work. This is a great achievement. The leftover time can
be utilized to enhance the efficiency of the official. Although the daily consumed time of a record
keeper is less than the allocated time, the spare time will decrease whenever the court becomes
overburdened due to any reason. That will affect efficiency and timeliness in the long run.
Muharrir’s Time saving/ post ICT
Currently/ time in minutes
Total pendency Daily pendency Allocated time Time consumed Total
per case
Leftover
time
300 30 360 230 7.6 30
After digitization
300 30 360 094 3.1 266
4.9.1.4 Benefits for record room
The central record room in any district courts is the busiest place. All decided courts record is
dumped and retrieved on daily basis for various purposes like getting copies, requisitioning record
by the appellate forums etc. Making entries in registers and management of bags is another tedious
job to be performed on chain basis. An average record repository deals in approximately 250
257
cases.365 This is a huge influx. It involves more time and resources to accommodate it. Due to on
rise litigation, the traditional means are not sufficient to cope with it. The author visited the central
record rooms more than once, observed the working mechanism and interviewed the manager. The
same can be depicted as,
Daily Record room working (current)
Job nature Volume/ cases Time Workers Expenses p.m.
Daily Challans
10, receipt,
management
200 files 03 hours 02
File Search 25 04 05
Requisition 10 02 02
Re-deposition 30 02 03
Misc. entries in
registers in
allied offices
30-45 0.5 03
Total 265 11.5 05 Rs.110,000/-
Proposed working in ICT environment
Job nature Volume/ cases Time Workers
Challan Same 30 minutes 02
File search Same 125 minutes 03
Requistion Same 50 minutes 02
Re-deposition Same same same
Misc. entries Same same same
Total Same 04 hours app. 03 Rs.70,000/-
Source: interview with staff in Abbottabad.366
It is evident that the post ICT period can result into saving of time and human resources to a great
extent. Now search can be made by click of a button instead of going through large log books. The
computer result will indicate as where the record in lying. The clerk will go directly to the required
location. He will search out the file and hand the same the quarter concerned. In case the
365 The author interviewed the concerned guys in district court Abbottabad who
provided relevant data in July 2013.
366 The interview revealed that 2 officials works in BPS 09 by drawing an average Rs. 25000 salary p.m.
individually, 03 employees works in BPS 07 incurring exchequer with an amount of Rs.20,000 p.m. individually.
Conversely, a busy record room can be operated by employing one computer operator with two assistant to manage
record bags. The operator will be given Rs. 25,000 pm, whereas, his assistants salary will be to the tune of Rs. 20,000
pm. The maintenance fee of computer gadgets can be caped to Rs. 5000 pm.
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258
networking is connected with modern devices like cell phones, then the person in need of the record
can send details to the system, the record will be search and when get ready, then the applicant can
be intimated through phone call or text message to collect his documents. E-payments can be
accepted for the transaction so the documents be sent via courier service. This will result into
decrease of un-necessary hustle and bustle in the court premises and in a situation when keeping the
law and order is itself a challenging task for the state managers.
4.9.1.5 Benefits for process serving
Process serving is the backbone of any efficient legal system. It is considered as judicial limbs and
court eye in the field. The strength of the same has been increased with the passage of time with
separate budget allocation. Majority of the geographic location of KPK is rural. Population situated
scatteredly. Transport facility is nascent. Whereas the law and order not satisfactory. All these adds
to the worries of P.S. agency members that makes timely and genuine service as impracticable. No
transport or any other substitute is allowed to them for performing their duties. On the other hand
the device of cellular phones is ubiquitous throughout the region. The latest figures released by
telecom authorities reveal that around 70% of the populace is armed with latest technology. The
same is used properly can reduce costs of the service with increased ratio of personal service. The
author interviewed some member of the PS agency, who disclosed the cost of urban/ rural as,
Rural Area Service
No of
Summons
Time to be
consumed
Expenses of
traveling to
incur
Monthly
Summo
ns
Transport/
other facility
awarded to PS
Total Current
Salary
01 05/06
hours
Rs. 500 ------ Nil Rs. 15,000
Urban Area Service
01 30 minutes Rs.50 400+ Nil Ditto
Mobile Service
01 03 minutes Rs.10
In 5%
cases
only
--- ---
Source: interview with PS in Abbottabad
259
The above data reveals that there is no comparison between the two systems. Where the traditional
mode is expensive, time consuming; the mobile one is cheap and of synchronous nature by instantly
reaching to the destination. Due to absence of proper legislation and lack of initiative, process
servers normally avoid using this method. There are possibilities that the same can result into non-
identification, impersonation and subsequent denial of service by the recipient. This further creates
various legal complications and multiplicity of suits in the long run. During the interview it was
also pointed out that only 5% cases are dealt with through mobile. In which 80% accepts the courts
orders, whereas the rest insist on sending paper summons to them. In 50% cases the recipients
divert the call as being to be made to any other person suitable for the purpose. This phenomenon
increases the call ratio from 3 minutes to 5 minutes with slight rise in call charges. E-mail is not
used. Fax machine is resorted to in very rare cases. However, despite legal and technical problems,
mobile phone technology is widespread. Apart from private communication tool, the same is also
used for banking, voting, educational, and recreational purposes as well. Its use for judicial
purposes cannot be ruled out in the near future.367
The present working system of district judiciary in KPK is moving towards e-justice system at snail
pace. A top bottom approach is adopted in every matter. No formal or information policy is in field
ICT in the ranks and files of the back bone of justice sector. Extreme rush of civil and criminal
work, unsupportive working conditions, lack of basic resources are main issues that handicaps
district courts from embarking modern ICT projects. In the situation start has to be taken from the
367 The electronic case management system / eCAMS project initiated by SHC is a
glaring example in this regard wherein case information is provided in advance to
counsels and parties via cell phones through a centralized system.
4.10 Conclusion.
[Title]
260
basics. Hence isolated and individual local server system is the most suitable and viable option. The
same needs to be started with available resources and human expertise. Once the district courts have
been networked, then these will be connected to regional benches of the PHC. In the final phase
link will be given to the main server installed in PHC as being the hall-mark of the project. Going
slowly and improving step by step will be the policy in order to achieve public confidence and long
run vision of e-justice.
261
Chapter 04
5 The way forward; future prospects,
proposals and suggestions.
This concluding chapter of the paper is directed to present the future prospects for the ICT in the
district court of KPK. Realistically speaking, the task is heavy. Resources limited. Will is weak.
Know how is at low ebb. The surrounding environment is changing fast. The justice system looks
for new ways for its salvation and deliverance to masses. One can guess many options for the
purpose but keeping in view the surrounding age old traditional attitudes and environment, start
has to be taken from the basics. Apart from making policy guidelines on permanent basis, budget
provisions, training and confidence building measure in the rank and files of stake holders; it is
pertinent that allied department should also be taken on board. Any system developed in isolation
will manage only a portion of judicial work. A complete overhauling of the system cannot be
achieved in vacuum
The present day court system in the province of KPK is the evolution of more than 150 years. The
legal codification, judicial culture, working mechanism was coined by the colonial rulers and
adopted by the successors without any major change. This shows the viability, strength,
effectiveness and public confidence on the system.
Litigant public, bar members, judicial officers and ministerial staff are the pillars of the system.
Working mechanism revolves round the paper based litigation, hearing, adjudication and
enforcement. Any abrupt change in the system through technological means will not be welcomed
form any quarter as the studies in this regard have shown its counter productiveness around the
globe.
5.1 Introduction.
5.2 Creation of IT environment
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262
The district judiciary under study is highly centralized, protective and bureaucratic keeping in view
its management, confidentiality and working approaches. Not a single step can be taken without the
prior permission of high ups that is the PHC in the province. The control over administration,
budget, and resources allocation lies in the centre of province. Policy and guidelines are drafted and
enforced through a top bottom approach. The district judiciary is being controlled by the district
judge who is answerable to the high court. He takes direction to initiate any sort of new activity as
he has no control over financial coffers.
In order to visualize the future of ICT implementation, a full time IT committee is needed to be
established at the apex level. In this regard Sindh High Court is a leading example.368 The
composition of the same can be divergent, a judge of the high court who is well versant with the
concept and has a taste in the subject, member of IT section of the high court, senior qualified
officers of the district courts, guys from concerned branch of IT department of executive, fellows
from the IT research and development may compose the committee to lay ground for the proposed
IT enforcement. The committee should be independent in its work and policy making and tenure
protection is accorded to its members. Special pay can be proposed for the time it consumes on the
plan. Thus it will create more interest of the member in the work.
The e-committee on computerization of Indian judiciary is an example worth following in this
regard.369 The committee was approved by the central government under the leader ship of a retired
judge of the high court, and three other specialist members. The mandate of the committee was to
formulate a national policy on computerization of justice delivery system and to draw up a national
plan with appropriate phasing time bound implementation. Before devising national IT policy the
committee held detailed discussions with the following stakeholders in order to ascertain the status
368 Sindh High Court is an example to be followed. 369 Sri kishur Talukdar, e-courts --- the renaissance of Indian judiciary. See http://kamrupjudiciary.gov.in/documents/ecourts.pdf
5.3 Establishment of IT Committee; The Indian Model
263
of technology, its use in the court related process, pricing, scalability, availability, security,
implementation, sustainability, pace of change and support systems.
• ICT related organizations
• Service providers
• Research and Development experts
• Manufacturers
The feedback received from the diverse fields relevant for change management in the Indian
judiciary, the e-committee framed a voluminous National Policy and Action Plan for
implementation during a period of five years.370 Main objectives of the plan were
• To help in streamlining of the day to day activities of the courts.
• Reduction of pendency
• Provision of transparency
• Access of legal and judicial databases to the judge.371
The project was designed to be implemented in three phases. In the first one, it was proposed to set
up sever rooms and judicial service centers in all the court buildings. Provision of lap tops to all the
judicial officers was also envisioned. All the courts form bottom to top will be connected digitally.
Customised, integrated and comprehensive software applications were proposed for the entire
judicial system with local languages support.
370 Ibid. the plan presented by the committee can be view at http://supremecourtofindia.nic.in/ecommittee/action-plan-ecourt.pdf (last visited on 5-5-2013) 371 ibid
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Model of Indian ICT plan; First Phase
The second phase of e-committee proposed project was aimed to provide ICT coverage to the whole
judicial process right form start of litigation to final execution. This also included the administrative
activities as well. Information gateways betweens courts, and allied state departments was placed in
the final phase. Complete demystification of the judicial process for the purpose of across the board
transparency, accountability and const effectiveness were the hallmark of the e-committee vision.
The second and third phase can be charted as
Indian ICT Plan; Final Phase
265
These are sharp resembling plans and activities when kept in juxtaposition with system and
problems prevailing in the region under study. Common legal, historical and socio-political back
grounds are being shared by both the systems.
The process started in the year 2005 and since then what impacts has been affected on the district
judiciary of the e-committee reforms? The answer is many. Now one can get easy information
through standardization code, data is generated automatically of for all the registers, daily cause list
is there on the website, increasing transparency, online and real time case update information, e-
library that provide access to legal information. Moreover, multiple mode (portal, IVR, kiosk)
access to court record, auto generation of periodical reports for various purposes, video
conferencing and digital recording for under trial prisoners has also been provided.372
All this examples show that ICT are being utilized across the globe for supporting judiciaries. The
committee to be established here can also study the prevalent system around the world. However,
no one should be copied as verbatim because every jurisdiction has its own peculiar socio-legal
situations that may not be resembled with another one. Another important factor is the proposed
ICT project implementation should be led by the judiciary and not the technological team. IT
should augment the system and not to replace it. The control of the committee will lie with the
judiciary and not with other player as the legal mind can only know the problems in the system and
how to fix it. An outsider can not understand the same and he will implement his own version of
solution that can create problems instead of the solutions. After having elaborate study of the
system, the committee will indicate the areas where the system can be supported through ICT and
how? The cost benefit analysis is also import.
372 ICT in Gujrat state judiciary, see http://www.gujaratinformatics.com/pdf/e-Court.pdf (last visited on 5-5-2013)
[Title]
266
The second important issue in the ICT implementation in the district judiciary of KPK is the
software development. Software is a machine readable373 instruction that directs a computer
processor to perform specific operations. The terms software is distinguished by hardware which
are physical parts of the computer to carry out instructions.
The online case tracking software of the SCP is glaring example. This has been developed
specifically for the users who got their cases pending in the Supreme Court. By entering case
number and year, the software searches the data and let user know the actual case status and
progress made.374
This is a typical example of the working of software. What sort of software should be developed for
the district judiciary? Its answer depends on the actual needs of the system. Although software is
being developed by the engineers, feed back is given by the client as what particular function the
software should perform? Apart from the LAN system, the software developers have to look into
working mechanism of the district court various sections like
• Muharrir i.e. record keeper
• Record Room
• Copying Branch
• Account section
• Process serving Agency
• Administrative section of the principal courts.
373 See http://en.wikipedia.org/wiki/Software (last visited on 5-5-2013) 374 See http://www.supremecourt.gov.pk/case_status/ (last visited on 5-5-2013)
5.4 Software Development
267
So separate software has to be prepared for each of the above mentioned sections. The main
purpose will be to streamline their working and to create more transparency and access to record.
There are various concepts of ICT use in the court system. The planners have to decide as what is
needed at the start, middle and climax of the system. There are numerous concepts like375
✓ Database creation
✓ Configuration of services and functions
✓ Case management
✓ Accounting
✓ Documents management
✓ Searching
✓ Court room technology
✓ Case notes
✓ Public access portal
✓ Security
✓ Designing
5.4.1 Customized Software.
By customized software means software that is prepared by software engineers and developers for a
specific customer while keeping in consideration his needs. The same is contrasted with software
that is available at mass level in the open market.376 The same is prepared step by step in order to
375 See e-court technologies, at http://www.sustain.net/eCourt.html (last visited on 5-5-2013) 376 See http://en.wikipedia.org/wiki/Custom_software (last visited on 5-5-2013)
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avoid hidden and unseen dangers. The process involves the contribution of marketing, engineering,
research and development as well as management.377
The heart of ICT introduction in courts is the customized software which is prepared by the
developers in the guidance and supervision of court committee. The judges and staff member will
give their valuable inputs to make the engineers know regarding the work flow type of registers,
forms, data, summons, warrants, etc being maintained in the courts and reports generated.378
Requirements can be analysed and thereafter the software is developed. Test is made and if the
same is successful then it is integrated in the case information management system/ CIMS.379
The software preparation should be aligned with the complex working of court rules, acts,
legislations, customary laws, by laws that are passed from time to time. Software engineers are
laymen in context of understanding legal mechanism. Therefore it is necessary that the engineers be
taught step by step in the process before they reach to the final stage of software development
module. These modules should be standardized and authorization should be given to make them
part of the master information system called CMIS.380
Here in the special context of district courts in KPK, the software development has to target all the
areas of its actual working right form creation of database to the workflow management system and
creation of information system for all its segments.
377 ibid 378 Singh Talwant, e-justice, the roadmap, see http://www.slideshare.net/talwant/e-justice-the-road-map (last visited
on 5-5-2013) 379 ibid 380 ibid
269
The question will arise as what sort of services can be provided after having established the
software installation. As the district court work is multi-dimensional so should be the process of
ICT implementation.
5.5.1 Database creation.
At first step it is needed to create a database of all the cases that are registered in the court of senior
civil judge. This is a difficult task as every year thousands of civil cases are filed. The data entry
staff has to enter the initial detail of the case when it is filed at the principal court, later the names
and addresses can be entered when it is transferred to the trial court, at later stage the other details
that of names of witnesses and case status can also be entered. The process of saving digital image
can take place side by side. However, digital imaging has already been discussed above. The
responsibility of entering the details can lie with either the Muharrir of the court or any other
official attached with task.
Model of Case Filing Process
5.5 Services to be provided/ area to be targeted.
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270
5.5.2 Auto generation of cause list.
The preparation of cause list is a time consuming task for court staff and especially when the
court is busy one. When the details of cases are entered in database, the same is updated on
daily basis, each day pending cases are automatically brought forward. The same can be printed
and published on notice board. If the system is intended to go online, the same can be published
on the website to be viewed by the litigants and counsels in advance. Following is the cause list
of district Badin of sindh high court that shows all the pending cases in the court of district
judge.381
381 See http://www.districtcourtssindh.gos.pk/causelist.php?dst=Badin (last visited on 5-5-2013)
271
Table 20: A view of DSJ Badin e-cause list
Source: Sindh High Court
5.5.3 Auto- generation of reports.
Apart form conducting trial and adjudication the matter before, the courts also perform various
other ancillary acts like inspections, preparation of periodical reports, statistical data and reporting
to data requisition from the high court. At present the same take a lot of time. By making the system
Sr.
No. Case No. U/Section Crime No.
Police
Station
1 Cr.J.A.36/2011 Missri Vs.State 3/4 PEHO 47/2011 K.Ganhwar
(Mr.Mir Hussain Bux)
2 C.A.No.24/2011
3 S.C.No.207/2011 St.Vs.Ali Hassan & Ors. 302 PPC 99/2011 S.F.Rahu
4
B.A.No.966/2011
S.C.No.211/2011 Asghar Ali Vs. State 302 PPC 38/2011 Khorewah
(Mr.M.Nawaz Jamali)
5 Cr.M.A.No.479/2011
6 S.C.No.220/2011 St.Vs.Mohd Ameen 302 PPC 100/2011 K.Ganhwar
7 S.C.No.211/2011 St.Vs.Asghar Ali 302 PPC 38/2011 Khorewah
8 S.C.No.143/2011 St.Vs.Waryam 302 PPC 012/2011 Khoski
9 S.C.No.191/2011 St.Vs.Rasool Bux and others 398 PPC 79/2011 Tando Bago
10 S..C.No.02/2011 St.Vs.Alidino 9-B N.Act. 256/2010 S.F.Rahu
(Mr.Abdul Majid Parhiar)
11 S.C.No.73/2011
St.Vs.Ghulam Murtaza & an
other 302 PPC 42/2011 K.Ganhwar
(Mr.Mohd Nawaz Jamali)
12 S.C.No.179/2011 St.Vs.Gul Mohd & Ors. 376 PPC 248/2011 Badin
13 S.C.No.09/2011 St.Vs.Intazar Ali 9-B N.Act. 39/2011 Matli
(Mr.Chetan S.Kella)
14 S.C.No.10/2011 St.Vs.Abid Ali 9-B N.Act. 39/2011 Matli
(Mr.Abdul Khalique Leghari)
15 S.C.No.271/2010 St.Vs.Abu Bakar & an other 324 PPC 155/2010 Talhar
16 S.C.No.12/2011 St.Vs.Ismail 9-B N.Act. 24/2011 Kadhan
17 C.R.No.48/2011 Service
18 C.Tr.A.No.18/2011 Service
19 H.R.A.No.239/2011
20 H.R.A.No.362/2011
21 H.R.A.No.385/2011
22 H.R.A.No.386/2011 Ahsan Ali Vs.Illamuddin & Ors.
23 H.R.A.No.384/2011
District Court Badin
Human Rights applications
Zainalabdin Mirza Vs.SDO HESCO Badinand an other
Reader
Ahsan Ali Shah Vs. Khaliqedino & Ors.
Cause List Dated 31.10.2011 of Criminal and Civil Cases Fixed for Hearing before Mr.Amjad Ali
Bohio District & Sessiions Judge Badin.
For Charge
Cr.Misc.Appln.U/S 22-A & 22-B Cr.P.C.
For Formal Hearing
(Mr.Mir Hussain Bux )
Qurban Ali Vs.SHO PS Rajo Khanani
Cr.Bail Appln. For Hearing
Mukhtiar Ahmed Vs. XEN HESCO Badin & Ors.
Sarmad Aijaz Vs. Niaz Ahmed and others
For Hg Comp.Appln.
For Evidence
(Mr.Abdul Majid Parhiar)
(Mr.Mohd Hassan Khaskheli and Mr.Mir Hussain Bux
For Statement of Accused
(Mr.Mohd Issa Mallah & Mr.Riaz Mustafa)
Hakeem Mohd Tarique & Ors.Vs.Govt.of Sindh & Ors.
(Mr.Mazharuddin Memon)
Supplimentary Challan
For Judgments
Saeed Ahmed Vs. Mohd Rafique & Ors.
(Mr.Mohd Iqbal Kassar & Mr.Mohd Asif Arrain)
For Order 512 and Charge
Hazrat Shah Vs. Kishore Kumar & Ors.
For Final Arguments
CIVIL MATTERS
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272
computerized, the reports can be generated automatically and at the click of the button, thus saving
time and energies.
5.5.4 Process Serving Automation.
Managing the work of process serving agency is one of the major bottle neck in the speed disposal
of cases. The present system goes through various stages before the summons is actually placed in
hand of the PS for making service. The summons can be directly printed in the agency after getting
necessary feedback form the muharrir concerned. The software will automatically allocate the same
to process server as per circles distributions. Daily reports regarding the progress of each PS can be
gauged whereas the muharrir can update the court in advance as whether service has been made in
the pending cases.
Model Showing the Cycle of Summons Process
5.5.5 Auto accounting program
The accounting section is one of the busiest place in the district courts. Various financial
transactions take place every day. The clerks are busy in making entries in registers. The
accounting software can make the job easier. In the proposed plan the accounting section will be
monitored from a distance and any irregularity can be pointed out in time.
273
5.5.6 E-Library service.
Judges of district judiciary perform very busy and complicated job. Every day judgements and
orders are being delivered. The surrounding supporting environment can bring quality and
elaborateness in the orders. Rights and liabilities are discussed in a mature manner. Complex
situation can be handled more accurately and as per legal requirements thus discouraging the
vicious circle of frivolous appeals and revisions. The litigation costs are lowered consequently.
All these things are possible when up to date legal materials are available to judges on the click
of a button. Going through the voluminous old books discourage the culture of legal research in
the surrounding online environment. The e-law database service can be provided in the judges
chamber with additional facility to forward landmark judgements of the superior court on
various legal issues.
5.5.7 Automation of summons, warrant etc.
Issuance of summons, warrants and notices etc is like other things, is a time consuming factor
for record of the court. He has to write all the details of the parties and contents of courts orders,
sign it form the presiding officer and then to hand it concerned quarter for compliance. The
automation software will eliminate this process. After entering the details of parties and next
date, the summons and warrant will be generated automatically in the process serving agency
and the system will also distribute it to PS concerned for sorting out. This will save a lot of time
and energy of the muharrir of the court.
5.5.8 Video conferencing (VC)
To conduct distance televised interview with synchronized audio and video facility is taking place
in all global businesses for quite some time. This is a cheap alternative to long travels and by
spending huge amount of money and time resources. In the proposed plan of ICT in district
judiciary, VC is the most viable way to make trials of the under trial prisoners from the premises of
prison. Everyday hundreds of prisoners are produced before the courts for trial. Apart form danger
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274
to escape, they are also prone to violent attacks form the opposite sides. The latest data shows that a
number of UTP has been targeted in the courts rooms during the hearing of their cases.382 Another
issue is the jail visits of the magistrate to jails on weekly and monthly basis to release prisoners
involved in petty offences. This consumes a whole day of the presiding officers besides other allied
security problems for the judges to safely visit the spot and return.383 Through installation of video
link between the prisons and trial courts, all such problems can be eradicated. The time and money
consumed on transportation will also save. The trial will be swift and will provide more safety for
the prisoners.384
Picture 33: V.C facility in the Indian Court
382 On April 16 2013, an under trial prisoner was killed in the presence of judge inside the court room in district Nowshera. Similar incidents has been occurred in district Peshawar, Mardan, Buner etc where violence is one the rise. The escape of prisoner is another issue that happens intermittently in the province. 383 Four civil judges were killed inside prison of Sialkot in Punjab on 25 July 2003, when they were taken hostage by the armed prisoners. All the judges were on visit to inspect Jail inmates. 384 The image shows model VC court in Delhi, India. See http://www.slideshare.net/talwant/impact-of-ict-on-justice-delivery-system (last visited on 5-5-2013)
275
Source: Websource
The overall statistics show a very busy picture of jail visits in KPK. The latest data released by the
apex court shows a total 252 visits were conducted in all the 24 districts to release a number of 1436
prisoners involved in petty nature offences.385
Table 21: Status of Jail visits in KPK
S.No. District No of
visits
Petty
nature
cases
S.No.
District No. of
visits
Petty
nature
cases
1 Peshawar 29 310 13 DI khan 17 164
2 Nowshera 8 49 14 Tank 6 12
3 Charsadda 10 22 15 Bannu 14 79
4 Mardan 7 62 16 Karak 7 19
5 Swabi 15 74 17 Kohat 12 54
6 Malakand 11 64 18 Hangu 7 15
7 Swat 19 24 19 Lakki 8 20
8 Shangla 7 1 20 Haripur 12 166
9 Dir Lower 6 40 21 Abbottabad 13 104
10 Dir Upper 5 42 22 Mansehra 14 87
11 Buner 7 18 23 Battagram 8 8
12 chitral 3 2 24 Kohistan 7 0
Source: PHC News Letter in December 2012
385 Newsleter, July – December 2012, volume 6 issue III and IV of Peshawar High court Peshawar, see www.peshawarhighcourt.gov.pk
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In order to install the VC facility, high quality IT gadgets with broad band connection are required.
E-back up at both the sides is must. Moreover, the same can not show the demeanor of the
witnesses and prisoner can not be recorded. Necessary legislation is also required as the UTP can
not be kept in judicial lock up for more than 14 days and he has to be taken out of the jail premises
to visit the courts. Keeping a fellow behind the bar for long time and conducting his trial via VC
may have health and psychological implications that are yet to be investigated.
5.5.9 Connectivity with Allied Departments.
As already stated that the ICT cannot be much effective until and unless the process is integrated
with other departments that are closely linked with court system. Police, Hospitals, Jails, NADRA,
CIA, FIA, education, National Assembly, Provincial Assembly, AGPR, Forensic Laboratories etc
are the institutions that are to be linked with the courts. E-connection between the two will expedite
exchange of information to resolve civil and criminal matters before the courts. Access to NADRA
database is vital as identity of the individuals has always been a constant problem for the courts to
fix rights and liabilities. By entering the CNIC number the basic details of an individual are
accessed immediately and many issues are resolved then and there without recording of long
awaited process of pro and contra evidences. Recently a very interesting situation arose in the
monthly meeting of judicial officers in district abbottabad. An officer pointed out that often it
happens that accused are released by the police constable after being convicted in minor offences
without handing him to jail authorities to serve the convicted period.386 A hot debate ensued as how
this fraudulent practice can be checked. Making telephone calls, random checks, inquiry during jail
visits, etc were suggested as curative measures. However, having a link with the jail through the
LAN or WAN system will eradicate all such malpractice as the details of released, convicted and
serving prisoners will be there on full time basis and there will be no room to hide or conceal any
facts form the supervising agencies.
386 The meeting was held in April 2013. The author also participated as being a member.
277
Complying with criminal procedure code has always been a major issue with the police department.
Non provisions of FIR copies, unwanted delays in providing timely challans, non-attendance of
prosecution witnesses, and taking penal action against absconding sureties etc haunt the judicial
magistrates and session trial courts in concluding trials of accused ones. The criminal courts sit in
blindness unless they are intimated by the local police by producing the accused or record. There is
a need to create an information system between the court of magistrate and police stations as to
cover up all the issues that arise form time to time in dispensation of criminal justice. It has been
noticed that senior police officials drag their foot on ICT introduction in their system due to cyber
security threats. However, one can not sit on the issue due this fear as the technology has done
enough to ward off IT security related threats.
Similarly, medico legal witnesses in cases against human body also pose a delaying factor in
criminal cases and bail petitions. The updated status of an injured complainant who is admitted in
hospital is also an issue as due non availability of the real time data, the criminal courts cannot
appraise the actual situation. The injury sheets and post mortem reports are also tempered with in
order to gain unfair advantage. All these issues can be sorted by creating an information system
wherein the reports can be submitted direct to the courts and the medical witnesses can be summon
by send e-summons and notices.
5.5.10 Surety management system
Releasing accused on surety bail bond is a universal phenomenon. Same practice is also adopted
here. However, due to loopholes in the system and non-availability of modern check system, bogus
surety bonds are offered in the courts that result in the multiplicity of litigation as another file is
opened u/s 512 Cr.P.C. that provides for punitive measures to be taken against the sureties like
attachments of property and recovering the bail amount. The same result in frivolous time
consuming factor for the criminal courts. The same can be checked in advance by duly verifying the
antecedents of the sureties. Thanks to vibrant ID database of NADRA it has become easy to know
as who is who? However, it desirable that the district courts should develop their own database and
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share it among themselves in order to store the record of all individuals who come forward to offer
as surety bail bonds.387
Before coming to the court, the bonds needs to go through a verifying process, i.e. to seek online
report form NADRA, enter his CNIC number in the database, record his biometrics and save it in
the system for future use i.e. finger prints taken, digital photo recorded. For this purpose a
verification/ identification wing has to be created in each district. The local server can transmit the
data to main server that may be located in the apex court of the province.
‘There would be three separate room in each court complex meant for verification/ identification.
Each room will be equipped with necessary hardware and software. Each surety will give his 10
fingerprints and a match of these will be done in the existing database. Same practice will be done
with the photoFigure of the surety. The result of both will be displayed on the PC. In case the data
matches with the database the surety will be forwarded for further scrutiny. Otherwise he will be
forwarded to court for approval and his biometrics will be made part of the database.’388
This practice will contain the menace of fake and untraced sureties. The touts that make lavish
business on the present system will think twice before coming to the verification room. The burden
on the criminal courts will be lessened. The same will also place good implications on the ratio of
crimes in the society as all these things are connected inter se. Apart from these, Interactive- voice
response IVR system and SMS service can also be provided in order to provide off hand
information regarding pending and decided cases.
387 Singh Talwant, Recent trends in use of ICT in courts, see at http://www.slideshare.net/talwant/recent-trends-in-use-of-ict-in-courts 388 ibid
279
Having established an executive IT committee at apex level, developed software and system layout,
next step will be to develop an IT culture at the grass roots level. Having high tech IT gadgets with
no human expertise and know how to exploit, will not yield benefits to changed system.
The module of training of judges and ministerial staff has to be decided by the committee. Normally
the IT related training has been provided in a private institute called ICMS. However, the
effectiveness was not so much strong due to non-availability of proper technological environment in
the working places of district courts. What is recommended is that a training team be hired to
deliver intensive training to the user of the system at district level. This will solve the technical
queries on the spot as the system will be in the actual working conditions. With the passage of time,
the courts have to engage their own trainers in order to avoid dependency on external ones. The
provincial judicial academy in Peshawar has been launched the last year, however, the perusal of its
web portal has revealed that no IT relevant program is being offered currently.389
In order to establish a viable ICT environment in the court system, it is necessary that system keep
pace with the market development. Normally hardware and software are bought form the vendors
and the chapter is closed after installation and working. This approach has devastated all the public
institutions in the country. Public sector poses a dismal picture whereas the private sector takes lead
by offering innovative services and gaining public confidence on their system. The situation is vice
versa when face is turned towards the public organization. The main reason is conservativeness and
lack of working relationship with the market forces.
Having established business relationship with the vendor offers many benefits for the client
projects. It provides good quality product and services to the client. The factor of timeliness is also
observed by the provider. The services being provided are based on competitiveness in the market
and thus best input is obtained for the project in hand. The products that are offered are based on
389 See http://www.kpkjudicialacademy.gov.pk/ (last visited on 5-5-2013)
5.6 Staff training.
5.7 Business relationship with market.
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280
innovation in the market. The supplier lives on the cutting edge of the products they offer to the
client. Moreover, if the client is in financial crunches, the permanent vendor can provide a hard
shoulder in testing times and thus the working patterns of the client department is not suffered.390
However in order to establish strong business relationship with the vendor the client has to develop
personal relationship with the business, make communication, pay respect, consult problems timely,
make payments, keep promises as well.
It depends on e-committee to share information with the vendor in order to strategize and prioritize
the proposed plan and to build long term relationship with IT businesses. It is also necessary that
vendor’s business is comprehended completely as to know what sort of services will be provided in
the long run. Track record of the vendor and already completed projects should also be vetted in
order to check his creditworthiness. Both the business and client should come together on the
objectives of proposed plan in order to avoid any misunderstanding during the execution of the
project. Cost efficiency an knowledge of the proposed project is also necessary on part of the
vendor.391
While talking about the ICT project in the justice department that are directly linked with law and
order situation in the KPK, eye brows are raised over the issues related to hacking problem and
cyber attacks that are common the region.
Picture 34: Hi-Jacked website of PHC
390 See http://www.entrepreneur.com/article/206530 (last visited on 5-5-2013) 391 See http://work.chron.com/importance-vendor-relationships-during-projects-6507.html (last visited on 5-5-2013)
5.8 Security Issues.
281
A couple of months ago the web page of the apex court in the province was hacked and later on the
same was restored by the IT guys of the court.392 However, the incident proved that security system
of the website is not impregnable and the same can be intruded by the hackers that can result in the
disruption of whole e-system of the court. Same threat has also been communicated against the
website of NADRA and FIA.393 Same incident was also meted out with PEPCO website as well.394
Picture 35: Hi-Jacked website of PEPCO
The website of cyber secure Pakistan has counted various cyber attacked on Pakistan sites as
• 284 websites along with Google Pakistan hacked by Turkish hacker group called Eboz.
392 The incident occurred on 21/12/2012. The image show the defaced interface of the Peshawar high court Peshawar web portal. See http://tribune.com.pk/story/482570/peshawar-high-court-website-hacked-apparently-by-indian-hackers/ (last visited on 5-5-2013) 393 See above link 394 See http://www.cyber-n.com/2012/12/pakistan-electric-power-company-and.html#sthash.2T24D3AI.dpbs
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282
• Indian United hackers hacked some 2000 Pakistani sites.
• Jaguar for 26/1 hacked 20 Pakistani sites.
• Indishell hacked top Pakistani government websites.
• Pakistani website faces massive cyber attacks from Bangladeshi, Israeli hackers.395
The situation points to the fact that cyber security related issues are there in the region that can not
be ignored while doing business with ICT. US threat can also not be overlooked as the same takes
interest in the geo-political situation of the region and finger are often point to her for muddling
water against the regions interests. The easiest way is to eavesdrop the cyber domain of our public
institutions that contains way sensitive data. The judicial institution are areas that house diversified
nature of information pertaining to civil and criminal disputes, political and constitutional litigation,
enquiries against public bodies and officials, prosecuting local and foreign anti-state elements and
terrorist etc. Future policy and program can also be of immense value for the malicious intruders.396
However, like every malaise has a treatment, a secure e-justice can also be evolved while acting
upon security tips. The data can be saved in the back up system. It is advisable that the traditional
paper based system be carried out side by side until trust is developed on the technology.
Refreshing archives is also a step recommended. Emails, CD and Floppies have to be used
carefully. Necessary software and hardware updates should be installed timely. User names and
password has also to be protected. Strong anti hacking and well encrypted software can reduce the
risk of the system being run over by the hackers.397
395 See http://cybersecurepakistan.com/blog/ (last visited on 5-6-2013) 396 Here the glaring example of Shakeel Afridi can be cited who has been sentenced for working against the interest of Pakistani state. He is housed in prison and his safety and security of his person and judicial record is a problem for the state institutions. 397 See http://cybersecurepakistan.com/blog/top-ten-ways-to-protect-your-data-csp-13/ (last visited on 5-6-2013)
5.9 Bottom-Up approach.
283
By this concept is meant that ICT should be implanted in the district judiciary. Taking start from the
lower tier i.e. the court of civil judge ad judicial magistrate. As the major portion of litigation start
from here so should be the technological change. Having evolved a system where file can be traced
with information system, summons issued automatically, record database is created, case flow
management system is undertaken etc. Having finished the first phase of digitization, the court of
DSJ will be targeted. Here the situation is a bit simple and ready made as majority of the work is
already done by the lower trial courts. Appeals and revisions are submitted here. An e-link to the
appellate court to order requisitioning case files form trial courts and record room, video link with
prisons for conducting trials, and liaison with the high forum and allied department are steps that
can be taken at this stage.
The culmination point of the project is high court in the province. However, there are more than one
branches of the apex court in four divisions of the province. If each zone is connected with the
district courts and the same is further connected with the main server in the high court, it be more
suitable in terms of work load management and to avoid security related issues. Nevertheless, the
top level will be the busiest place. High storage and back up system, creation place for database
housing and maintenance, file sharing, e-communication between the upper and lower tiers, e-
administration, creation of data banks and data mining, research and development wings, etc and all
other relevant matter will be dealt with there. The current approach is top-down. Every policy and
developmental discourses take place at the high level and the same is trickled down slowly and
passively that decreases its benefits for the grass roots level and the system does not develop at par
excellence. For this purpose, the basic mind set has to be changed. Being the back bone in the entire
judicial system, the district courts and especially the lowest tier has to be given priority so that
litigant public feel positive change in the sector.
5.10 Conclusion
[Title]
284
More than one proposal and suggestions can be given for simplification, demystification, making
the system more accessible, efficient, transparent and less corrupt. All these will be like crying in
the desert without actual steps on the ground. One step is better than a thousand imaginations.
However, the first and foremost pre-requisite for introducing ICT in the district court system of
KPK will be to create a vision for the future, prepare policy, setup full time executive body at the
top level with diversified expertise. Empirical evidences for proposed plan and freedom to
implement the policy are the basic element of this projected design. Wisdom comes from
experience and experience originates after having committed error and mistakes. And the same can
happen when some practical task is worked upon. Hence, here it can be said that a thousand pretext
can be raised to make the ICT implementation doubtful and risky, however, the experiments across
the globe has confirmed that betterment can only be brought when ICT is enslaved for the purpose.
The earlier it is comprehended the better will be the nation’s future.
285
References
Abdullah Bin Omar; Customers perceptions towards online banking services; empirical evidence
from Pakistan; Journal of internet banking and commerce; Aug. 2011 vol. 16 no.2
Address of D. William to Australian institute of judicial administration technology for justice
conference, AIJA, 1998
Al-bento, cloud computing – a new phase in information technology management, Journal of
information technology management, volume XXII, no 1, 2011, at http://jitm.ubalt.edu/XXII-
1/article4.pdf
Ali ahmad; policies and regulations for expanding e-banking to poors; May 2006, see
http://www.bwtp.org /pdfs/arcm/Policies%20%20Regulation%20for%20e-Bank.pdf
Amy and David, Could computing from the perspective of system analysis, see at www.swdsi.org
/swdsi2011/2011_SWDSI_Proceedings/papers/papers/PA111.pdf
Augusto, 2002, Judicial Electronic Data interchange in European civil proceedings and criminal
matter; application, policies and trends, Research Institute on judicial systems, Italy.
Australian law reform committee, technology what it means for federal dispute resolution, paper no.
23 1998
Barely, s. 1986, Technology as an occasion for structuring evidence from observation of CT
scanners and the social order of radiology department. As in administration science quarterly, n 31,
78-109
Benchmarks, online access to court record, see
http://www.courts.state.ny.us/publications/benchmarks/ issue4/Benchmarks-Summer2006.pdf
[Title]
286
Clark David. An Introduction to Local Area Networks, Profeedings of the IEEE, volume 66, No. 11
Nov 178
E-litigation, the Singapore experience, at http://www.lawgazette.com.sg/2001-11/Nov01-
focus2.htm
Fabri and Contini, 1999, Progettazione organizzative e information technology nell
amministrazione guidiziaria italiana, IRRIG-CNR working paper.
Fabri Marco, The Italian style of e-justice in a comparative perspective, IGI Global 2009
Fabri, 1995, The criminal process in Italy after the 1989 reforms, saint Louis university law
journal, vol 40, no 4, 1045-48
Fedreico and Guarniri, 1988, The courts in Italy.
Guen, court room audio, video, and videoconferencing, national centre for state courts 1997
ICT in Gujrat state judiciary, see http://www.gujaratinformatics.com/pdf/e-Court.pdf
Jell and Wallace; technology for justice; 2000 , AIJA 2001 3
Karen blochlinger, primus inter paris, is the Singapore judiciary first among equals? 2000 policy
rim law and policy journal association.
Kazmi Shabbir H.(2004), “E-Banking”, Pakistan & Gulf Economist, Vol. XXIII, no 48,
Khoussanivo and Patel, LAN security, problems and solutions for the Ethernet networks, Computer
Networks and Distributed Systems Group, Department of Computer Science, UniÍersity College
Dublin, Belfield, Dublin 4, Ireland, 23 May 2000, Computer Standards & Interfaces 22 _2000.
191–202, see www.elsevier.comrlocatercsi
Macmillan James, The potential of computerized court case management to battle judicial
corruption
287
Marini. L, 2000, The system of justice in Italy; signs of evolution,
Melinda Brown, legal technology winners [12] 2000 , law institute of Victoria, No. 12,3
Mian zafar iqbal, Proposed Amendments in civil procedure code, see
http://www.zklawassociates.com/wp-content/uploads/2012/03/Propsed-Amendments-in-CPC.pdf
Muhammad Asif Khan; An empirical study of automated teller machine service quality and
customer satisfaction in Pakistani banks; European journal of social sciences; vol 13 November
2010
Newsleter, July – December 2012, volume 6 issue III and IV of Peshawar High court Peshawar
Oskamp Anja, IT SUPPORT OF THE JUDICIARY, TMC ASSER PRESS, the Hague, 2004
Oskamp, computerondersteuning bij straftoemeting de ontwikeling van een databank, Arnhem,
Gouda Quint. 1998
Pandurangan, E-justice – practical guide for the bench and bar, Universal law publishing, 2009,
Delhi
Peshawar High Court Annual Report 2002.
Peshawar High Court Annual Report 2003.
PHC bi-annual report 2004-5
PHC newsletter, volume 1 issue 4, 2004
Poblet Marta, Judges as IT users
Reiling Dory, Doing justice with information technology, information and communication
technology law, vol. 15, no. 2, 2006
Reiling Dory: Technology for Justice; Leiden University Press 2009 Amsterdam.
[Title]
288
Rishi and Monhanty etc, ICT in Indian Courts, challenges and solution, International Journal of
Internet Computing (IJIC), ISSN No: 2231 – 6965, Volume-1, Issue-2, 2011at
High Court Rule Orders
Schon, D. 1983, The reflective practioner. How professional think in action New York.
Shafiq, Muhammad(2001), “E-Commerce: A practical guide to decide for the future business
Singh Talwant, e-justice, the roadmap, see http://www.slideshare.net/talwant/e-justice-the-road-map
Singh Talwant, Recent trends in use of ICT in courts, see at
http://www.slideshare.net/talwant/recent-trends-in-use-of-ict-in-courts
Sri kishur Talukdar, e-courts --- the renaissance of Indian judiciary. See
Status of IT industry in Pakistan, The Dawn, 28th February 2005
Stepnaik Danial, court in the web, The impact of the internet on the cameras in court debate,
alternative law journal, 71, april 2000 25(2)
Sue megovern, Director of information technology consultancy supreme systems quoted in ‘digital
technology has its day in the court’ by b howarth, The Australian , Tuesday Sep 15 1998,
‘computers the cutting edge’, 3.
Talwant Singh: ICT in the district courts of delhi; challenges, strategies and solutions available at
http://delhicourts. nic.in /ICT%20IN%20THE%20DISTRICT%20COURTS.pdf
Tariq Rahim, Urbanization in NWFP, Sarhad Journal of Agriculture, Vol.23, No. 1, 2007
Tasmanian court link via www.tas.gov.au/magistrate/general/videoconf.html
The National Judicial Policy 2009 (NJP)
Trochev Alexei, cours on the web in Russia
289
Wakjer. K, 1990, Technology as equivoque; sensemaking in new technologies,
Waleed haider malik, ‘judicial reforms in latin America. Towards a strategic use of I T’ see at
http://pogar.org/LocalUser/pogarp/judiciary/wmalik/ejustice.pdf
WeblioFigurey
[Title]
290
http://www.europa.eu › ... › Judicial cooperation in civil matters
http://adythialaborer.files.wordpress.com/2009/11/network-interface-card.jpg
http://app.subcourts.gov.sg/Data/Files/File/eJustice/Archives/ctc6_sdj.pdf
http://app.subcourts.gov.sg/Data/Files/File/eJustice/Archives/ctc6_sdj.pdf
http://articles.timesofindia.indiatimes.com/2013-02-03/mumbai/36721092_1_high-court-bombay-
hc-litigants
http://blogs.netgies.com/2009/04/what-are-basic-components-of-wired-lan.html
http://ciit.net.pk.html
http://ciit.net.pk/projects.html#CUONLINE
http://ciit.net.pk/projects.html#ERRA
http://compnetworking.about.com/cs/lanvlanwan/g/bldef_lan.htm
http://compnetworking.about.com/od/ethernet/g/cat6-cables.htm
http://contentdm.ncsconline.org
http://cosca.ncsc.dni.us/
http://www.nacmnet.org/
http://cybersecurepakistan.com
http://cybersecurepakistan.com/blog/
http://districtcourtssindh.gos.pk/
http://en.wikipedia.org
http://en.wikipedia.org/wiki/Network_security
http://en.wikipedia.org/wiki/Network_security
http://en.wikipedia.org/wiki/Software
http://epaper.dawn.com/
http://interscience.in/IJIC_Vol1Iss2/paper4.pdf
http://kamrupjudiciary.gov.in/documents/ecourts.pdf
http://kpja.edu.pk
http://kppolice.gov.pk
291
http://nadra.gov.pk
http://propakistani.pk
http://prr.hec.gov.pk/Chapters/681S-5.pdf
http://sessionscourtpeshawar.gov.pk/courts.php
http://supremecourtofindia.nic.in/ecommittee/action-plan-ecourt.pdf
http://work.chron.com
http://www.aoserv.com/
http://www.aup.edu.pk /sj_pdf/Urbanization%20in%20north%20west%20frontier%20province.pdf
http://www.bcit.ca
http://www.brecorder.com/pakistan/general-news/98938-social-media-users-in-pakistan.html
http://www.britannica.com/EBchecked/topic/345541/local-area-network-LAN
http://www.cecos.edu.pk
http://www.cecos.edu.pk/cdi.html
http://www.cecos.edu.pk/imis.html
http://www.cecos.edu.pk/vision.html
http://www.cisco.com/cisco/web/solutions/small_business/resource_center/articles/secure_my_busi
ness/what_is_network_security/index.html
http://www.courts.state.me.us/maine_courts/committees/tech_comm.html
http://www.courts.state.me.us/maine_courts/committees/tech_comm.html
http://www.courts.state.tx.us/jcit/
http://www.courts.state.tx.us/jcit/
http://www.cyber-n.com/2012/12/pakistan-electric-power-company-
and.html#sthash.2T24D3AI.dpbs
http://www.districtcourtssindh.gos.pk/causelist.php?dst=Badin
http://www.domstol.no/en/Domstoladministrasjonenno/About-the-National-Courts-Administration-
/
http://www.entrepreneur.com/article/206530
[Title]
292
http://www.fedcourt.gov.au/index.html
http://www.fig.net/pub/fig2008/papers/ts04a/ts04a_04_froestrup_2943.pdf
http://www.govcert.nl/english/community/constituents/Overview+of+constituents/ict-bedrijf-
rechterlijke-organisatie-ictro.html
http://www.idp.net/sysinfo/networking.asp
http://www.id-world-magazine.com
http://www.insaf.pk/docs/PTImanifesto.pdf
http://www.investopedia.com
http://www.irsig.cnr.it
http://www.justice.gov.uk/
http://www.justice.gov.uk/
http://www.justice.gov.uk/courts/northampton-bulk-centre/claim-production-centre
http://www.justice.gov.uk/courts/northampton-bulk-centre/claim-production-centre
http://www.khyberpakhtunkhwa.gov.pk
http://www.khyberpakhtunkhwa.gov.pk/Departments/BOS/KP-in-Fingures.php
http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php
http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php
http://www.khyberpakhtunkhwa.gov.pk/Departments/DoIT/Achivements.php
http://www.kpkjudicialacademy.gov.pk/
http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=1
http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=3
http://www.lawnet.com.sg/lnrweb/c/portal/layout?p_l_id=4
http://www.linklaters.com
http://www.lovdata.no/info/lawdata.html
http://www.ncsc.org
http://www.ncsc.org/
http://www.ncsc.org/
293
http://www.ncsc.org/Services-and-Experts/Areas-of-expertise/Technology/2011-Technology-
Survey-Results.aspx
http://www.nu.edu.pk
http://www.nu.edu.pk/Mission.aspx
http://www.pcmag.com/encyclopedia/term/45902/lan-switch
http://www.pta.gov.pk/index.php?option=com_content&view=article&id=269:telecom-
indicators&catid=124:industry-report&Itemid=599
http://www.radmin.com/solutions/corporate.php
http://www.rechtspraak.nl/ENGLISH/THE-COUNCIL-FOR-THE-JUDICIARY/Pages/default.aspx
http://www.rechtspraak.nl/Recht-In-Nederland/Pages/default.aspx
http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/iscjis
http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/iscjis
http://www.slideshare.net/talwant/impact-of-ict-on-justice-delivery-system
http://www.statkart.no/Tinglysingsdata+fungerer+igjen+som+det+skal.d25-SwZLU4B.ips
http://www.supremecourt.gov.pk/case_status/
http://www.sustain.net/eCourt.html
http://www.telenor.com.pk
http://www.telenor.com/en/corporate-responsibility/initiatives-worldwide/easypaisa-banking-
services-made-easy
http://www.thenews.com.pk/Todays-News-7-51948-139-year-old-record-gutted
http://www.ufone.com
http://www.ufone.com/coverage.aspx#list
http://www.webopedia.com/DidYouKnow/Hardware_Software/2006/router_switch_hub.asp
http://www.wisegeek.com/what-is-a-network-interface-card.htm
http://www.wisegeek.org/what-does-a-lan-administrator-do.htm
http://www.zong.com.pk
http://www3.weforum.org/docs/WEF_GITR_Report_2013.pdf
[Title]
294
https://www.moneyclaim.gov.uk/web/mcol/welcome
http://www.adb.org/Docuemnt/Profile/Loan/32023012.ASP
http://www.aija.org.au
www.aija.org.au
www.bia.homeoffice.gov.uk
www.courts.qld.gov.au/aboiut/technology.htm
www.dostol.no/domstolene/index.asp
www.judcom.nsw.gov.au/dublin.htm
www.justitie.nl and www.openbaarministerie.nl
www.lawlink.nsw.gov.au./lee.nsf/pages/ecallover
www.lawnet.com.sg
www.lawnow.com/supremecourtservice/policy.htm
www.masrc.org
www.mobilinkgsm.com
www.nadra.gov.pk
www.nt.gov.au/ntsc/remarks.html also www.aija.org.au/tech2/present.htm
www.om.nl/bos
www.open.gov,uk/led/consult/itstrat/civocon.htm
www.open.gov.uk/led/consult/itstrat/civon.htm
www.peshawarhighcourt.gov.pk/images/Draft.doc
www.pta.gov.pk/regions
www.rajkishor09.hubpages.com/hub/Setup-LAN-with-Hub-or-Switch
www.sourceofcoram.com
www.telenor.com.pk
www.tribune.com.pk/story/482570/peshawar-high-court-website-hacked-apparently-by-indian-
hackers/
www.tsj.gov.ve
295
www.vcat.vic.gov.au.vcat_online.htm
www.webopedia.com/DidYouKnow/Hardware_Software/2006/router_switch_hub.asp
http://www.wifinotes.com/computer-networks/what-is-hub.html
www.peshawarhighcourt.gov.pk/MIS_Branch.php
http://www.in.gov/judiciary/admin/files /pubs-trial-court-16-imaging.pdf