Law and Policy Review (LPR)

Volume 3 Issue 2, Fall 2024

ISSN(P): 2076-5614, ISSN(E): 3007-4290
Homepage: https://journals.umt.edu.pk/index.php/lpr

Article QR

Title: Prospect of Using Technology to Enhance Access to Justice:

Comparative Analysis between Pakistan and Indian Legal System
Author (s): Shah Jalal ud Din
Affiliation (s): University of the Punjab, Lahore, Pakistan
DOI: https://doi.org/10.32350/lpr.32.08
History: Received: May 19, 2024, Revised: October 10, 2024, Accepted: December 23, 2024,
Published: December 30, 2024
Citation: Din, S. J. (2024). Prospect of using technology to enhance access to justice:
Comparative analysis between Pakistan and Indian legal system. Law and
Policy Review, 3(2), 139–170. https://doi.org/10.32350/lpr.32.08

Copyright: © The Authors

Licensing: This article is open access and is distributed under the terms of
Creative Commons Attribution 4.0 International License
Conflict of Author(s) declared no conflict of interest
Interest:

A publication of
School of Law and Policy
University of Management and Technology, Lahore, Pakistan
 Prospect of Using Technology to Enhance Access to Justice:
Comparative Analysis between Pakistan and Indian Legal System
Shah Jalal ud Din ∗
Postgraduate School of Legal Studies, University of the Punjab, Lahore, Pakistan
Abstract
Technology for justice is now the emerging concept in the global legal
systems to ameliorate access to justice. This research aims to explore the
potential of using technology to promote access to justice in legal systems
of Pakistan and India. The study examines the potential of technology to
promote access to justice to the extent of economic and geographical
aspects. The study examines the technological initiatives and development
of e-courts, e-filing, video conferencing and other initiatives of legal
services that have the potential to promote access to justice in the legal
system. The study is based on a qualitative framework with comparative
design to look into the debate of interaction of law and technology in both
countries from a neutral perspective. The research is culminated into four
sections: the first one renders the conceptual framework of the study, the
second one expedites the Indian account, the third one purveys the account
of Pakistan and the fourth one finally resorts to comparative analysis that
further follows the conclusion that advocates for using a hybrid model
proposed by Susskind.
Keywords: access to justice, challenges, e-courts, e-filing, law and
technology, legal system, prospects, potential, video-link
Introduction
Access to justice is interlinked with the fulfillment of fundamental rights. It
is generally used to describe a justice delivery framework where everyone
can access legal processes, regardless of their socio-economic status (Taher
& Jamaluddin, 2022). Different scholars rendered different interpretations
to the access to justice. Rhode provides the conceptual commotion by
splitting it into equal justice under law and renders its theoretical and
practical usage. Theoretically “equal justice under law” is difficult to
oppose but practically, it raises concerns about whether the commitment lies
in substantive or procedural fairness. Conventionally, the commotion seems

∗
Corresponding Author: [email protected]
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to deal with the procedural fairness resulting into the concept of equal
access to law (Rhode, 2001). Farrow provides the account of public
perception into a broader conception including following heads; to some
people it is a fundamental issue, to some it raises the concerns of simpler
justice, and to some it means cheaper and convenient justice (Farrow, 2014).
Access to justice contains the elements of dispute resolution, dispute
containment, dispute avoidance and access to opportunities that law creates
in a broader perspective (Susskind, 2019). The pandemic of Covid-19 posed
significant challenges for the justice systems of India and Pakistan, access
to justice was partially denied and the need emerged to introduce technology
to fill the gap (Harris, 2022).
Information Communication and Technology (ICT) provides a
fundamental tool for the efficient delivery of legal services. Recognizing its
value and benefits, the legal systems of different countries like Australia,
Malaysia, and India resorted to ICT to diminish delays to procure the
delivery of justice in an effective manner (Taher & Jamaluddin, 2022).
Technology plays a significant role in improving the lives of people all over
the world, helping individuals gain better access to information and
communication in various sectors. India is rapidly advancing in the use of
technology within its courts to address deficiencies in the justice system.
Supreme Court of India permitted witness deposition virtually in 2003
(Harris, 2022). In Pakistan, Justice Syed Mansoor Ali Shah recently in a
defamation suit Meesha Shafi v. Ali Zafar (2022), on a question of virtual
attendance allowed the virtual attendance of Meesha Shafi under Rule 4,
Order 18 Civil Procedure code, 1908, which requires the physical
attendance of a witness in an open court. The technology in courts is always
misunderstood by many conservatives and also argued by them
continuously that both technology and law are worlds apart, how there could
be a constructive interaction between law and technology? The counter
argument is provided in the coming sections.
Conceptual Framework and Terminology
Access to justice has been defined by different scholars in the above
segment, but access to justice for this piece of work is constricted to
capability of individual to navigate the legal system with having cost-
effective justice and convenient access to courts. Two major complaints that
have been voiced worldwide, and still persist today are that court processes
are costly, and thar courts are difficult to access. These challenges are more
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prevalent in India and Pakistan where stakeholders have to travel long

distances to reach to courts especially those districts where there are no high
court benches or unavailability of special courts and they burden themselves
with heavy travelling costs. The substantive evidence for this assertion can
be found in 2nd and 3rd sections respectively. The challenges that are in
consideration for this study include the economic and geographical aspects
of access to justice. The study overall provides the argumentation of
procedural facilitation through the use of technology. The procedures in
civil proceedings and in criminal proceedings could be reformed by using
consistent framework of technology to render the cost-effective and
convenient access to courts. The study intends to scrutinize the
compatibility of technology in legal systems of India and Pakistan and to
provide the prospect of using tech-initiatives to address the challenges of
economic and geographical aspects of access to justice.
Literature Review
Researchers have argued that technology in courts bring transparency and
efficiency within the justice system. Countries such as US, UK and other
developed nations have adopted technological solutions in courts to
enhance access to justice. Jane Ribadeneyra and Bonnie Rose Hough
present innovative technological frameworks in their studies and argue that
since 2000, access to legal information for low-income individuals in the
US has increased (Cabral et al., 2012). As the digital divide has been
neglected over the technological advancement, it provided an opportunity
to leverage technology to promote access to justice.
Thio (2021) argues that innovative technological solutions are being
proposed to achieve the efficient administration of justice in Singapore.
Bangladesh has also responded to the situation of halt and opprobrium
regarding the dispensation of justice. Resultantly, the Supreme Court of
Bangladesh issued 15-points pertaining the “Practice Directions for Virtual
Courts”. Taqbir Huda argues that this initiative will maximize the access to
justice in Bangladesh (Huda, 2020). Ignacio Oltra Gras provides a tech-
solution of online courts that is a refine development of already existing
phenomenon of online dispute resolution (ODR) (Gras, 2021).
Richard Susskind, argues that in this digital age, there is a dire need of
upgradation of courts to reflect the changing reality. He is of the view that
in modern world more people have access to internet than to access to

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justice. The adoption of technology in courts, in a way of introducing online

courts, virtual courts or the blend of physical courtrooms and virtual
hearings, is the future of justice system. This approach, he contends, will
lead to an effective justice system that is accessible to all, at any time
(Susskind, 2019).
A Hybrid System
The procedural laws of Pakistan do not prohibit the use of technology
in courts to facilitate the justice system; nevertheless, it is to be considered
that adoption of technology is permissible where law does not explicitly
prohibit the use of technology (Meesha Shafi v. Ali Zafar, 2022). In
Pakistan, technology could serve as a crucial tool to solve the issues of
access to justice. These impediments could be solved by the use of e-courts
inclusive of the e-filing and video conferencing in the dispensation of
justice. This research aims to explore the qualitative aspects of research
questions. The study employs a comparative analysis of the legal
frameworks in India and Pakistan. The study also has limited generalization
as it only compares the legal systems of Pakistan and India. Substantive law
is not the focus of the study and it intends to propose reforms specifically
for Pakistan, which may not be applicable to India or any other country.
Technological Developments in Indian Legal System to Promote
Access to Justice
In Anita kushwaha v. Pushap Sudan (2016) the apex court of India held that
the right to access justice is a fundamental right protected under articles 14
and 21 of the constitution. Access to justice is one of the basic rights that
ensures convenient access to courts (Anderson, 2003). As proposed by
Susskind in the literature, that time is changing and legal systems need up-
gradation to provide convenient access to courts in accordance with the
change in society (Susskind, 2019). The access to court in India was
partially denied amidst the lockdown in country; however, the problem
regarding the inconvenient access to courts is an old one. People travel long
distances to appear before the courts in the proceedings, and those in remote
areas feel neglected. This inconvenience hampers their ability to access
justice. According to Beqiraj and Mcnamara (2014) the physical
accessibility to courts is one of the significant institutional barriers to the
access to justice. A survey conducted by many countries including India,
concluded that people in the rural and remote areas have less access to

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courts than people living in the metropolitan areas of India (Beqiraj &
Mcnamara, 2014).
In the past years, to address the predicament of geographical barriers,
Indian legal system adopted the policies of outreached courts (Lok Adalat)
(Beqiraj & Mcnamara, 2014), under the Legal Service Authority Act, 1987
in which retired judges and state officials volunteered to settle the disputes
in the remote areas or for the people living far away from the reach of the
courts, however the policy was failed due to the lack of resources and
institutional infrastructure. Contrarily the consideration of the policy of
mobile courts and Lok Adalat by the legal system of India leads to the
inference that physical distance of courts by people living far away from the
courts is a significant barrier in the modern legal system of India. Therefore,
if one has to travel from one district or one unit territory to other district
having High court for appeal, then it leads to prognosis that articulates the
inconvenience of stakeholders to have convenient access to courts.
High cost for legal action encompasses the travel costs, cost to appear
before court each time after the adjournment of the proceedings, and all
other costs from the filing of the case to the final decision of case by the
courts (Bock, 2021). The litigants travel long distances to have access to
courts, that exacerbates the overall cost of justice and burdens people with
additional difficulties. In Indian legal system this barrier is commonly
known as an economic barrier and significant one where the society is
already divided between classes. People with good financial resources have
better opportunities to access to justice, while those without sufficient funds
face significant challenges in affording convenient access to justice (Prema
et al., 2021).
Technology: As Solution?
In 2005, the e-committee of Supreme Court of India proposed the idea
of introducing technology in courts to enhance access to justice (Harris,
2022). The objective behind the proposition of National policy regarding
the adoption of ICT in courts was to make legal system more accountable,
accessible and transparent (Supreme Court of India, 2005). In the past years
the Indian courts and tribunals preferred the physical mode of recording,
such as physical recording evidence or the filing of suits (Bedekar &
Kevlani, 2002) but recently the modus operandi of the conventional courts
has been changed with the use of tech-solutions.

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Legal Framework: A Gateway for the Use of Technology

Judicial Precedents
The courts in India emphasized the use of video conferencing during
covid-19 pandemic. However, currently the use of technology i.e. e-filing,
audio/video conferencing and the establishment of e-courts, is considered
to be one of the most advantageous methods used by Indian judiciary. The
courts through different judicial proceedings interpreted different
provisions of C.P.C, Cr.P.C and The Evidence Act, 1872 resultantly
allowed the use of technology in courts. The courts highlighted the need to
use technology to promote access to justice. These judgments paved the way
to allow the use of technology in courts.
The witness deposition for the very first time allowed by Supreme Court
in Saleem Advocate Bar Association, Tamil Nadu v. Union of India (2003).
In this case the apex court went ahead to interpret the provisions of Civil
Procedure Code order 18 and allowed the use of technology at the stage of
recording evidence. The court held that court or commissioner can record
the evidence either through writing or mechanically. After a year of this
judgment another case of Karnataka High Court in which the court allowed
the cross-examination of a witness who was living abroad. A witness was
located in the United State and applied a petition of cross-examination
through video-conferencing in a civil suit of Twentieth Century Fox
Corporation Film v. NRI Film Production Associate (P) Ltd. (2003). The
court in this case laid down certain guidelines inclusive of affidavit or
undertaking of the opposite party and the administration of oath to conduct
video conferencing in order to cross-examine the witness (Ashwathappa et
al., 2018). Currently, the courts use this technology to the examination of
witnesses residing far away from the reach of courts in order to provide
them better access to justice.
This demeanor of the courts regarding use of technology was not usual
in the past years. However, technology was used by the courts in certain
circumstances when it was burdensome for the officials to present the
accused before court in criminal cases only. Now, In India, judges are using
video conferencing technology to hear bail applications, cases of remand
and the witness deposition (Ashwathappa et al., 2018). In case of State of
Maharashtra v. Dr. Praful B. Desai (2003) while interpreting the section 273
of Criminal Procedure Code 1973, the court held that the mandated action

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regarding the “Physical appearance of the accused” does not only infer the
actual physical appearance in the premises of court, contrarily, it also
includes the virtual presence of the accused too through video link. Thus,
the court in this case allowed the video conferencing for recording evidence
in the criminal trial when the accused cannot conveniently appear to the
court. However, in Bodala Murali Krishna v. Smt. Bodala Prathima (2007)
the court denied the use of technology over the application of petitioner who
was residing in USA by stating that it is the duty of petitioner to ensure the
court that the equipment for the use of recording the evidence is accurate
and follow the instructions of court regarding the use of technology to
approach court. The courts in Indian legal system took progressive approach
in providing guidelines regarding the use of technology to fill the legislative
gap (Rana, 2021).
In Santhini v. Vijaya Venketesh (2018) the Supreme Court of India
made an exception by disallowing the use of technology in matrimonial
cases. The court held that under section 11 of Family courts Acts, 1984, use
of video conferencing in marital as well as in divorce cases is impermissible.
The reason forwarded by the apex court that the use of technology in the
marital cases may harm the settlement process between the spouses. The
judgment also provided the account of non-establishment of emotional
rapport between the parties by allowing the video conferencing in such
complex nature of cases. The court held that the use of video conferencing
is only allowed when there is a complete failure in the settlement of parties.
But the decision was reversed during the times of covid-19 in which
Supreme Court of India issued directions to all family courts to resort to
video conferencing in order to provide better access to justice and to
maintain social distancing. In Anjali Brahmavar Chaun v. Navin Chaun
(2021) court allowed the use of video conferencing in all the matrimonial
cases.
Section 30 of Code of Civil Procedure, 1908 empowers courts to make
reasonable orders deemed necessary in all matters regarding the admission
of documents and facts. This section provides vast powers to courts to make
orders appropriate in matters of recording the evidence and thus justifying
the modern technological means in order to promote access to justice. The
courts in the Indian legal system issued guidelines and orders for using
technology in courts supplemented with the sections of 151 and 122 of CPC,
1908. Both sections empower courts with power that can be expanded to

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the use of technological means to the ends of justice and provide convenient
access to courts. Order XVIII Rule 4 emphasizes the examination and re-
examination of attending witness directly by court or through
Commissioner appointed by the court. This rule permits the use of recording
evidence either through writing or mechanically. 1
Sections 65A And 65B of Indian Evidence Act, 1872 were inserted
through the amendment on 17th October 2000, that allowed the electronic
recording of the evidence by video conferencing and made them admissible
in the courts of India. The courts in India rendered a progressive approach
in the adoption of technological means to promote access to justice
(Bedekar & Kevlani, 2002). Sections 275 (1) and 164 (1) were inserted
through the amendment of 2009 in CrPC, 1973. Section 275 (1) expresses
the recording of the evidence by witness and reiterates that evidence can be
recorded through audio or video in the presence of the legal representative
of an accused person. Section 164 (1) narrates itself that confession or
statement can also be recorded through audio or video visuals allowing great
ease to accused and witnesses who are residing far away or unable to appear
before the court. 2
Technological Developments to Promote Access to Justice
The integration of technology in the justice system will not replace the
regular procedure of the court but it will provide better access and reduce
the barriers of cost, and distance for parties (Badri, 2019). The Supreme
Court of India in a Suo Motu writ 3 directed the use of technology to cope
with the situation over certain guidelines issued by the respective High
Courts (Ashwathappa et al., 2018). The courts in India issued guidelines
and rules regarding the use of technology and those rules were almost
similar issued by different high courts and different district courts. In India,
high courts of Tamil Nadu and Tripura issued guidelines regarding the video

1
See State of Maharashtra v. Dr. Praful B. Desai (2003) 1 SCC 49, para 19, where
Supreme Court of India has interpreted the word mechanically into by using electronic
means audio or video apparatus to provide convenient access to witnesses.
2
See State of Maharashtra v. DR. Praful Desai and Anr, where Supreme Court of India
allowed the recording of evidence through video conferencing for the people staying
abroad. Resultantly, allowed the statutory provisions starting from 277 to 283 of Cr.P.C
that these provisions are applicable to video conferencing in the same way as to normal
court proceedings.
3
Suo Motu, Writ (Civil) No. 5/2020, in the Supreme Court of India.
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conferencing technology prior to the experience of Covid-19. These

guidelines provide for the scope of video conferencing in the examination
of witness, remands and bail applications.
The courts allowed the video-conferencing technology in courts under
different circumstances such as in case of urgent matters, to overseas
citizens, in sickness of the parties, through the consent of parties and in
cases against women (Badri, 2019). The exceptions included matrimonial
cases, divorce cases and cases of complex nature in which physical presence
was considered sine qua non due to the complex nature of cases. However,
in certain cases as abovementioned the court also allowed the facility of
video conferencing in matrimonial cases too.
Delhi High Court Video conferencing Rules, 2021
The rules define the court ‘Physical and a virtual court or tribunal’ and
Court user as ‘a user participating in Court proceedings through video
conferencing at a Court Point’ (High Court of Delhi, 2021). The rules also
provide the definitions of terminologies like ‘designated video conferencing
software’ as the software provided by the High court to conduct video
conferencing, and ‘Live Link’ to any link audio or video where the witness
is permitted to appear when he is physically absent from the court room.
The rules define the ‘Remote Point’ where the person is required to appear
through video link (Rana, 2021).
The Chapter 3 of rules for video conferencing sets the requisite
procedure for procuring the facility of video conferencing. As it suggests
that ‘a party or witness seeking a video conferencing proceeding shall do
so by making a request via the form prescribed in Schedule II.’ However,
in case of dissatisfaction over the proceedings held through the video
conferencing, the rules suggest that the parties may show their grievance to
the court and after the consideration by court, the court may ask the parties
to physically appear in the court. Chapter 3 also provides that the court
through video conferencing may at its discretion at first instance order the
detention of accused, and frame charge in a criminal trial. However, the
court at the first instance cannot grant the judicial or physical remand over
video conferencing ordinarily except in exceptional circumstances, i.e.
Pandemic, Natural disaster or law and order situation.
Chapter 4 of the said rules suggests that all the protocols that are applied
in the physical court regarding the proceedings would be applied to the
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proceedings conducted virtually. This facility will be applicable to the

judicial proceedings including on the provisions of CPC, Cr.P.C, Contempt
of Courts Act, 1971, Indian Evidence Act, 1872 (Evidence Act), and
Information Technology Act, 2000 (IT Act) (Rana, 2021). The chapter 5
discusses the miscellaneous provisions regarding the use of video
conferencing technology in courtrooms. This may provide an opportunity
for the amalgamation of law and technology in the future of legal system
(IPleaders, 2017).
E-Courts in India; A Systematic Framework
The e-courts mission mode project (MMP) was conceptualized in 2005
by the e-committee of Supreme Court of India, based on the National Policy
and Action Plan to implement ICT in district courts (Prakash et al., 2011).
The scope of the project was to create, develop, introduce and implement
automated decision making and decision support system in 700 courts
across Delhi, Bombay, Kolkata and Chennai; 900 courts in the 29 capital
city courts of states and Unit Territories and in 13000 district and
subordinate courts (Ahmad, 2009). The e-courts National Portal
(ecourts.gov.in) was launched by the Chief Justice of India on 7th August
2013 to further the e-courts project. The National portal provides the case
status, cause lists and cases files registered through the case information
software (CIS) system. The objective behind the project of establishing e-
courts was to promote access to justice to affordable courts and to reduce
the costs of litigation (IPleaders, 2021).
It is important to note that video conferencing technology alone does
not constitute the operation of e-courts. The initiatives also include e-filing,
case management system and evidence management system adopted by the
Indian legal system to make e-courts fully operational in India. Although
these developments have not yet been fully implemented in all courts to
ensure convenient access to justice, they are crucial steps in the progress of
e-court initiatives aimed at promoting access to justice. The project was
designed to be completed in three phases step by step, currently in India e-
courts project phase 2 is implementated (Seetharam & Chandrashekaran,
2016).
E-filing Services
E-filing system provides a comprehensive solution for the filing of
online plaints, written statements and other case related documents such as
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replies and arguments. According to the e-filing services 3.0 User Manual,
the litigants can file both civil as well as criminal cases through the e-filing
services in India. 4 According to the e-committee of Supreme Court of India,
e-filing mechanism aims to promote the paperless courts in India with other
benefits of cost and time saving by the adoption of technological means to
file cases online. The e-filing process eliminates the need to physically visit
the court and very useful in cases where the courts are distant away from
the reach of litigants. The Allahabad high court in India has fully operational
e-filing and information management system (Singh et al., 2018).
Currently, in Indian legal system five high courts have the facility of e-
filing and some tribunals inclusive of Delhi, Bombay, Punjab, Allahabad
and Haryana and Madhya Pradesh High Courts, and National Green
Tribunal, National Company Law Tribunal and Income Tax Appellate
Tribunal (Ashwathappa et al., 2018). The official website of e-filing service
provides a detailed procedure for both advocates and litigants to register and
access system of e-filing services. After completeing the online oath
recording and verification by the Bar council for advocates, and verification
by the court for litigants, both advocates and litigants can access to e-filing
services.
Document and Case Management System (CMS)
The E-Courts Mission Mode Project Phase II, stresses over the need of
digitization of documents but this initiative is not fully operational at all
district courts. CMS refers to the digital storage where all the pleadings and
documents are stored and accessed by all the stakeholders. Under the
current system in India, CMS provides only basic information pertinent to
the case and hearings (Ashwathappa et al., 2018). The legal system in India
uses CIS software for the management of cases online. The e-committee of
Supreme Court has launched updated CIS 3.0 software with enhanced
access to storage after the experiences of CIS 1.0 and CIS 2.0. Through CIS
software the litigants can have access to the information regarding their
cases at any time, can view the orders of court, and date hearings of the
cases with all the progress of the case through this initiative. The CIS
software is designed in a way to send automated e-mails to advocates and
litigants with the details of the cases, date of next hearings, orders and

4
See E-Filing Services 3.0, Manual Guide, 2022
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judgments of courts. 5 These tech-based services make litigation more

accessible and affordable, facilitating cost effective litigation.
National Judicial Data Grid (NJDG)
The NJDG project has the elastic search technology that enables the
smooth management of cases and its monitoring till the final disposal of the
cases. Data collection on the NJDG can be analyzed through category wise,
year wise, state wise, month wise and the information regarding the delay
in the disposal of the cases. The statistics regarding the instituted cases,
disposed and pendency of cases are updated on the daily basis on the NJDG
by the respective courts, and the data is open in the public domain.
Potential and Challenges of Technology to Promote Access to Justice
in India
Indian legal system tends to render technological solutions of video-
conferencing and e-courts project to procure the efficient administration and
access of justice. However, India is still a developing country despite its
advancement in the tech-sector and its revolution in the legal system. In
India, when it comes to compare, digital literacy is thrice times lower than
basic literacy that is 30% (Khokhar, 2016) despite the efforts by the Indian
government to make digitization in India. Indian government launched
‘Digital India’ in 2015 to digitally empower all the citizens due to its
potential benefits in all the institutions. India has still to commute great
lengths to fully empower its population with access to digital devices and
information. According to the National Digital Literacy Mission (NDLM),
only more than 110,000 people have been trained with digital knowledge
and skills in the rural and remote areas but the objective of NDLM is far
from being completed (Nasscom Foundation, 2020). In case of resources to
procure the full potential of e-courts project, there is not enough
infrastructure to enable courts to conduct virtual hearings and adopting
video-conferencing technology (Ashwathappa et al., 2018).
Technological Developments in Pakistan’s Legal System to Promote
Access to Justice
Pakistan faces significant challenges in terms of access to justice and its
legal system is struggling to render solutions to these challenges.
Inaccessible courts and costly justice are prevalent challenges faced by all

5
See the official website of e-committee of Supreme Court of India
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stakeholders in legal system. According to the report titled as

Understanding the Informal Justice System (2015) exploring the
possibilities of legal pluralism in Pakistan, more than 90% participants in a
survey are of the view that the poor and lower-class people in Pakistan do
not have access to formal justice system (George, 2006). Individuals in
Pakistan lack the basic knowledge of their legal rights. A study concluded
that only 4% of the people have legal knowledge of their legal rights (WJP
Rule of Law Index, 2022). A report by United Nation Development
Program (hereinafter UNDP) concluded that in some areas of Pakistan
courts are situated up to 100 kilometers away from the closest village
(United Nations Development Programme [UNDP], 2020), amounting a
significant barrier for accessing justice. A study conducted by Legal Aid
Society in Pakistan found that travelling cost is also a significant barrier
preventing people to have cost-effective justice (Legal Aid Society, 2021).
One relevant example comes from a case in 2020, where a woman in
Baluchistan after being gang-raped was denied justice due to lack of
convenience (Aziz & Sicangco, 2021).
In 2019, the Chief justice of Pakistan Asif Saeed Khosa in a speech
during a court reference hosted to honor the former chief justice Saqib Nisar
regarded the access to justice in Pakistan as ‘a teething problem’ that
hinders the convenience of litigants (“Improving Access to Justice”, 2019).
In a virtual conference organized by the Punjab University and Institute for
Legal Research and Advocacy (ILRA), many stakeholders participated and
emphasized the need for solutions to address the prevailing situation, in
which access to justice for the common man is often completely denied (“IT
Tools Necessary”, 2020).
Qazi (2023), a district court judge of Karachi debunked the prevalent
challenges faced by the judicial system of Pakistan. She was of the view
that with many other impediments, lack of access to justice for marginalized
communities and the people living in remote areas are big challenges, as
many people remained unable to afford legal representation or they have to
travel long distances in order to join the court proceedings (Qazi, 2023).
These challenges are overall reducing the effectiveness of the justice system
in Pakistan. As Pakistan ranks poorly on various indicators inclusive of
effectiveness of justice system, access to justice, protection and awareness
of their legal rights, on World Justice Project Rule of Law Index (WJP Rule
of Law Index, 2022). Mr. Justice Rahmat Hussain Jafferi, a judge of

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Supreme Court in Beijing (25–28 October, 2010), presented an overview

presentation regarding the introduction of Information Technology (IT) in
courts of Pakistan. He proposed a contingent framework regarding the
automation process in the legal system of Pakistan to promote access to
justice and accountability.
Dr. Muhammad Asif Khan, an Associate Professor at Bahriya
University in his study extrapolated the compatibility of e-court system with
the legal system of Pakistan (Khan & Ali, 2021). The below table provides
the application and software used in the courts of Pakistan;
Table 1
Main Applications and Software Used by Different Courts in Pakistan
Applications Features Courts
-Supreme Court
Case Flow Case information, Case
-Lahore High Court
Management law management system
-Peshawar High Court
System (CFMS) (CLMS)
-Sindh High Court
Maintains instant
Online Court
information regarding
Proceedings -Supreme Court
case, Installations of
(OCP), module of -Sindh High Court
TV/monitor screens in
(CFMS)
premises of courts
Case Law
Maintains instant
Management
information regarding -Sindh High Court
System (CLMS),
judgments and orders
module of (CFMS)
-Supreme Court
Case Record
Maintains instant -Lahore High Court
Management
information regarding -Balochistan High
System (CRMS),
disposed cases Court
module of (CFMS)
-Sindh High Court
Information is provided
-Supreme Court
to the public and
-Lahore High Court
Case information advocates even on
-Balochistan High
for public phone and advocates are
Court
Information Desk provided with the same
-Sindh/Peshawar High
information through
Court
SMS alerts and emails
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Applications Features Courts

-Supreme Court
-Lahore High Court
Maintains information
Websites of some -Balochistan High
regarding cases, causes
Apex Courts Court
lists and case laws
-Sindh/Peshawar High
Court
Note. Source: Presentation at Beijing in 2010 by Justice Rahmat Hussain
Jafferi over the use of IT in Courts. 6
These technological applications were adopted by the courts in 2010,
providing a foundation for the integration of technology into the legal
system of Pakistan to facilitate the cause of justice. This supports the very
argument of using tech-solutions in the justice system of Pakistan in which
technology will facilitate the stakeholders and make the justice system more
efficient. The Other technological developments and their infusion into the
legal system in near future were also proposed by Justice Jafferi. These
developments included case trials through video-conferencing, archiving of
the case files at apex courts, case flow management system at 5 model
district courts of each province, e-court system, and computerized public
complaint management system. At a discussion titled as ‘Technology for
Justice Forum’ (Khilji, 2023) took place at capital and attended by many
stakeholders, accounts were raised to consider the use of technology to fill
the gap of access and dispensation of justice in the legal system of Pakistan.
The discussion concluded that technology is reshaping the execution of
legal processes, with citizens being the primary stakeholders. Ensuring their
easy access to justice remains a significant challenge faced by the legal
system in Pakistan.
Legal Framework: Gateway for Use of Technology
Judicial Precedents
Courts by interpreting the provisions of substantive laws allowed the
use of technology in legal system of Pakistan, nevertheless there are certain
cases in which court raised the issue of recording evidence through video-
conferencing, if disregarded to certain guidelines violates the fundamental
right of accused. The same issue was raised in case of Muhammad Israr son

6
See websites (e-court Portals) of Supreme and High courts of Pakistan
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of Siraj v. State etc. (2020) in which common legal question was raised by
the counsel for appellants;
whether the evidence of prosecution witness can be recorded
through a video call using viber, Skype, IMO, WhatsApp, Facebook
Messenger, Line Caller and Video Conference, if yes, whether such
statement would be legal under section 353 of code of criminal
procedure, 1898 that expressly provide that evidence shall be taken
in presence of accused and when his personal attendance is
dispensed with, through his pleader, and finally admissibility of
such evidence recorded through modern devices under Article 164
of Qanun-e-Shahadat Order, 1984?
The prosecution witness was residing in Saudi Arabia when his
statement was recorded. The complainant, an eye witness in this case had
also recorded his statement through video call from Dubai. Mr. Gohar Ali,
an Amicus Curie quoted the instances of International Criminal Court
(ICC), Article 69 (2) of Rome Statute, Rule 65 of the ICCs Rules of
Procedure and Evidence, Rule 61 of ICCs, Regulation of the Office of
Prosecutor and Regulation 45, 46 and 47 of the ICCs, and articulated that
these provisions provide procedure and arrangement for recording evidence
through the use of technology. He argued that by quoting “Prosecutor Vs
Zejnil Delalic (1998)” in which the Tribunal after scanning the laws of ICCs
quoted that;
Video-conferencing is, merely an extension of the Trial Chamber to
the location of the witness. The accused is therefore neither denied
his right to confront the witness nor does he lose materially from the
fact of the physical absence of the witness. It cannot, therefore, be
said with any justification that testimony given by video link
conferencing is a violation of the right of the accused to confront the
witness
Expert have argued that technological innovations have historically
benefitted the legal profession, and in the future, technology could be
leveraged to promote access to justice, ultimately improving the efficiency
of justice system. Courts cannot afford to ignore these technological
advancements and continue operating within the confines of outdated
practices. The court though held that the statements are not being recorded
according to the guidelines as these developments cannot come at the

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expense of fundamental rights provided by the constitution and the case was
remanded to the respective trial court.
There are other cases in which the approach of trial court remained
progressive pertinent to the use of tech-solutions, while high courts
remained reluctant to allow the use of technology. In Waheed Shah v.
Shahzad (2020) high court set aside the order of trial court directing the
recording of evidence of witness residing abroad through video-link.
Accused challenged the order in high court on the grounds provided under
section 352 of CrPC that in a criminal trial accused must be given an
opportunity to cross-examine the witness, and testimony must be recorded
in the presence of accused and judicial officer in open court. The high court
set aside the order of trial court as contrary to the laws and revision was
allowed in circumstances.
In Munawar Hussain v. The State (2020) high court provided that there
are no legal impediments that prohibit the use of technology in courts,
nevertheless, article 164 of Qanun-e-Shahadat Order, 1984 and Section 10
of Punjab Witness Protection Act, 2018 could be invoked to allow the use
of technology in courts. The Supreme Court of Pakistan also directed the
use of technology in certain cases where it is unable for stakeholders to
attend court and avoid unnecessary cost. In case titled as Salman Akram
Raja and another v. Government of Punjab through Chief Secretary and
others (2013) the Court directed that the evidence of rape victims and
juvenile and of those victims who are unable to attend court should be
recorded through video-conferencing. Besides in Punjab, all the trial courts
have been directed to record the evidences of Magistrates by using modern
devices.
The Supreme Court of Pakistan recently with the advancement of
technology emphasized the use of technology in certain cases to ameliorate
access to justice. The court stressed that technology could be used by people
living far away from the premises of court and for those living abroad to
provide them convenient access to justice. In case Mian Muhammad Nawaz
Sharif v. the State (2018) The Islamabad High court allowed the recording
of evidence at High Commission at London of a witness through
skype/video-link app to provide facilitation to witness. The Peshawar High
court in a case reiterated the use of modern technologies to promote access
to justice and its significance by stating that technological advancements in
legal systems cannot be ignored or over sighted, otherwise there would be
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consequences to push the legal system in dark alleys. In recent case titled as
Meesha Shafi v. Ali Zafar (2022) Justice Mansoor Ali Shah allowed the
witness deposition virtually through applying the updated construction to
the provisions of Rule 4, Order 18 of Civil Procedure Code, 1908 and stated
that there are no legal impediments in a way to prohibit the use of
technology in the legal system, and law is an organic thing that must
respond to the realities in society.
Article 164 of QSO, 1984 provides the direct relevance of credibility of
technological use in legal system through admissibility of evidence
obtained by modern devices. This article provides an inference regarding
the use of technological devices in court to accept the change in realty and
consider the account of technological advancement in society. The courts in
Pakistan constituted a progressive approach by interpreting the article 164
to the extent of using video-conferencing technology for the people living
abroad for recording the arguments by arguing that technology will
facilitate the justice process.
Justice Mansoor Ali Shah in case of Meesha Shafi v. Ali Zafar (2022)
allowed the use of technology to record evidence, by justifying his decision
with section 151 and Rule 4 order 18 of civil procedure. Section 151 of civil
procedure, 1908 provides the inherent powers of the court in which nothing
could limit the powers of court to make such orders to meet the ends of
justice.
Section 353 of CrPC, 1898 specifies the manner in which evidence
should be recorded in criminal proceedings. It mandates that the evidence
be recorded in the presence of accused, and in case in which personal
attendance is dispensed by the court then the evidence should be recorded
in the presence of his pleader. Nonetheless, the courts in Pakistan in modern
times played a significant role by allowing taking the evidence through
using video-conferencing through updated construction, a principle of
interpretation proposed by Francis Bennion in “Statutory Interpretation”
that denotes law has to be treated as always speaking, a construction that
updates it (Muhammad Israr v. The State).
Technological Advancements in Legal System of Pakistan
Pakistan also has also recognized the potential of technology to enhance
access to justice. The debate gets operationalized first time when an
accountability judge of Court No.3 of Rawalpindi Sohail Nasir took
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statements of two witnesses using online system through Skype to provide

convenience and facilitation as witnesses were in different city. This
provided an inference that tech-based solutions could be used in legal
system of Pakistan to promote further access to justice. The exertions to
consider the embrace of technology got aggravated when by three-member
bench headed by former CJP, Mr. Justice Asif Saeed Khan Khosa, Mr.
Justice Sardar Tariq Masood and Mr. Justice Mazhar Alam Khan Miankhel
of Supreme Court adjudicated the case online by recording the statements
of witnesses via video link connection amidst covid-19 (Khan & Ali, 2021).
E-Courts in Pakistan: A Fledgling Court
Exceptional circumstances (Covid-19) have compelled the justice
system to take measures, and different directions were issued by Sindh,
Lahore, Peshawar and Baluchistan High courts pertinent to technological
infrastructure. The courts adjudicated only urgent matters and female judges
were also exempted from performing duties. The e-court system in Pakistan
is a new phenomenon, and despite the commendable exertions by the
Supreme Court of Pakistan, involvement of technology in court proceedings
is still limited to the extent that different High Courts in Pakistan have
introduced CMS (Khan & Ali, 2021). As the literature reiterated that e-court
system provides us a complete system of online pleadings (Susskind, 2019)
is still far away to be implemented in the legal system of Pakistan. E-filing
system is still an alien concept in the legal system of Pakistan (Qazi, 2023)
though from the judicial pronouncements abovementioned, it provides the
lukewarm use of video-conferencing facility in Supreme and high courts of
Pakistan to this far.
However, Peshawar and Sindh High Courts have played a significant
role in the adoption of technology to promote access to justice. As Peshawar
High Court, Mingora Bench has introduced the facility of online system to
render the facility of online pleadings for lawyers coming from distant areas
of province to provide them better access to justice (Khan & Ali, 2021). The
High Court of Sindh on the contrary have full operational CFMS, providing
information to all stakeholders regarding access to case information, real
time information to status of case, date hearings and a complete history
(Qazi, 2023). It has carried out video conferencing facility for virtual case
hearings, empowering stakeholders to appear in court without having to
physically appear. This has assisted the legal system with resolving issues
of geographical hindrances and travel costs, especially for defendants and
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legal counselors situated in distant regions. One more outstanding drive is

the foundation of e-Court Centers that render litigants’ range of services
such as e-payments and online case tracking system. It has likewise
launched an application that provides admittance to the legal framework. A
few e-Court centers have been established across the province, with plans
to multitude later on. Additionally, the court has fostered an internet-based
framework for the accommodation of bail bonds and the installment of fines
and charges. The framework has made the interaction more advantageous
and convenient for the litigants (Qazi, 2023).
While hearing the first case, the Chief Justice Asif Saeed Khosa
acknowledged the efforts and commented that a huge achievement has been
procured in the Legal history of Pakistan that cases are being decided
through adoption of innovative technology. The adoption of technology
helps legal advisors and defendants to save both time and money. The
official website provides the requirements and Performa for availing the
facility of e-court system. From the above discussion, it is concluded that e-
court system in Pakistan is limited to the facilities of video-conferencing at
Supreme Court which is connected through video-link to Lahore Branch
Registry (LBR), Quetta Branch Registry (QBR) and Karachi Brach Registry
(KBR).
Standard Operating Procedures (SOPs) for Video Link Facility
The Supreme Court of Pakistan (SCP) has issued standard operating
procedures (SOPs) to avail the facility of video-link. The purpose behind
these SOPs is to provide the video connect framework to examine and focus
on the video-link demands that the contentions regard to non-accessibility
of the video-link might be avoided. Any advocate or petitioner in person
may avail this facility by simply forwarding a formal application. The
applicant has to put forward the sufficient grounds to avail the facility of
video-conferencing. On application the data is entered by the DEO at
Deputy Registrar office (Principal Seat Islamabad) and relevant officer at
Branch Registries irrespective of the status of approval and denial of the
facility of video-conferencing. The scrutiny of the requests is made in
consultation with the Deputy Registrar. The IT department of Supreme
Court of Pakistan (SCP) ensures the arrangements so that approved requests
might be handled with effectiveness. However, this facility is available to
the extent of availability of infrastructure and First Come First Service
(FCFS) based. At initial stages the requests from LBR, QBR and KBR will
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be entertained to consider the large distance from the principal seat at

Islamabad with exceptions to PBR. The Video-link SOPs and request
Performa is available at the official website of SCP.
Standard Operating Procedure (SOP) for Trial Courts in Khyber
Pakhtunkhwa (KPK)
The leading case of Muhammad Israr v. State over the debate of the
interaction of law and technology also provided the SOPs for trial courts to
avail the facility of video-conferencing to record the statements of witness.
The main SOPs are following;
• In Appropriate cases the trial court may direct the witness to be
examined on video-link
• The facility is provided to people of intra-province, inter-province and
overseas Pakistan
• Consent of both parties is requisite
• Same courtesies and protocols shall be applied as in open court
proceedings
• The Trial Judge shall act as “Coordinator” on both sides
• The Trial court shall ensure the necessary arrangements
• If possible, the audio/video data shall be saved in court computer till the
final decision
These SOPs provides guidelines while recording the statements of
witness living far away from the premises of court. As recently, the Mingora
Bench, Peshawar High Court (Qazi, 2023) has introduced the online
facility, to provide online proceedings for people of different cities living
far away from the premises of court.
Potential and Challenges of Technology to Promote Access to Justice
in Pakistan
Despite the efforts made to incorporate the infusion of tech-based
solutions to promote access to justice in preceding sections, Pakistan is still
far from fully realizing the full potential of technology and its integration
into the legal system. Gras (2021) provides technological solution to bridge
the gap between access and justice and proposes the idea of “irrational

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rejectionism” for those who negate the use of technology in courts. The
challenge to hinder the innovative ways into field of law by legal
professionals cannot be overlooked. It is manifested from the establishment
of model courts in which lawyers went for strike and demonstrated for the
end of system, as law is a conservative profession in which lawyers have
designed their techniques for their own gains in order to delay justice (Khan
& Ali, 2021). The digital literacy among the judges, lawyers and court staff
is also another challenge to infuse tech-based solutions to promote access
to justice in Pakistan, as many of the legal professionals do not have digital
literacy to cope with the tech based solutions into legal system (Qazi, 2023).
There is not enough infrastructure and resources to regulate the
technology for justice. As the case for CFMS in High Court of Sindh, all
the local courts from across the region are bound to submit CFMS produced
reports with the High Court on a fortnightly basis, resulting an unnecessary
burden of limited resources including papers, time, and fuel as bailiffs need
to convey reports from remote areas by hand to district headquarters and for
forward submission to High Court. Practically all the correspondence
between High Court and district courts is done through a manual manner
because of absence of an electronic e-Mail module. High cost for
implementation of e-court system and data security are also big challenges
for Pakistan legal system (Qazi, 2023).
There is a compatibility of technology with the legal system of Pakistan
(Khan & Ali, 2021). With proper infrastructure and amendments to allow
the use of technology will facilitate the cause of justice to meet provided
challenges. Pakistan could utilize the potential of technology by allowing a
consistent framework of e-court system in appropriate cases at initial stages
to consider these challenges. This would be possible by providing the
necessary infrastructure and legislation to allow the hybrid working system
of courts in which tech-based solutions would be utilized in its full potential
to enhance access to justice.
Comparative Analysis of Technological Developments in Pakistan and
Indian legal Systems to Promote Access to Justice
Legal Framework and Judicial Approach
In India, the judicial pronouncements interpreted the different
provisions of substantive and procedural laws to allow the video
conferencing facility and allowed the tech-procedures like e-filing system
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and CFMS. The first case was State of Maharashtra v. Dr. Praful Desai
(2003) in which Supreme Court of India allowed the recording of evidence
in civil and criminal litigations by using the video conferencing. Section
122, 151, Order 18, Rule 4 of Code of Civil Procedure, were interpreted in
different judicial pronouncements, however no specific amendment was
made in Code of Civil Procedure of India. Section 65A and 65B of Indian
Evidence Act, 1872 were inserted through amendment in 2000, allowing
the recording of evidence through video conferencing facility. Similarly,
sections 275 (1) and 164 (1) of Code of Criminal Procedure were also
inserted through amendment in 2009, allowing the witness deposition in
Criminal litigation.
The courts in Pakistan allowed the witness deposition through video
conferencing in Meesha Shafi vs Ali Zafar. The court in Muhammad Israr
son of Siraj v. State interpreted the section 353 of Code of Criminal
Procedure and allowed the recording of evidence in criminal litigations and
held that by following proper procedure this practice does not violate the
fundamental rights of accused. The courts applied a progressive approach
and allowed the application of using technology in courts however, Article
164 of QSO, 1984 provides direct relevance of use of technology and its
permissibility in the legal system of Pakistan. In both countries, courts have
contributed a significant role to adopt tech-solutions to promote access to
justice.
Implementation of E-courts and Tech Developments
The first phase of the e-courts in Indian legal system was launched in
2007 in which superior and district courts were computerized and requisite
hardware and software were installed. Other tech developments like CIS
and different district courts websites were installed to allow the application
of e-courts in India. The courts and judicial staff were also trained and the
biggest achievement of this phase was the execution of the e-filing system
that allowed litigants to file their cases online through official websites of
district courts and NJDG that provided case information to litigants. This
phase was completed in 2015 with the beginning of 2nd phase (Khan & Ali,
2021). The high courts and district courts in India issued guidelines to avail
tech facilities in courts that reflected a consistent approach towards
incorporation of technology to promote access to justice in the legal system
of India (Rana, 2021).

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In Pakistan, the e-court system remains a relatively new concept, despite

the compatibility of technology in legal system of Pakistan. Judicial
pronouncements allowed the use of video-conferencing facility and
considered it as an extension of the trial court by allowing the cost-effective
mechanism to prevail justice. The situation is not the same in all provinces
regarding the efforts and developments to incorporate technology, the
situation in high courts of four provinces is better pertinent to infrastructure
to support video-conferencing, 7 and in progress to leverage technology to
promote access to justice. Overall, the development reflects lackluster
concerns and efforts by the stakeholders to provide a consistent framework
regarding the adoption and development of e-court system practically.
E-filing system as part of the e-court system to allow convenience to the
litigants in promoting access to justice (Cowan, 2020) is still an alien and
neglected concept in legal system of Pakistan. Pakistan lacks any statutory
amendments to practically achieve this mechanism as cases in civil or
criminal litigations are filed manually. Practically, the civil nature case is
filed by filing the plaint with all the requisite documents and criminal nature
case is filed through lodging a complaint or FIR, the same practice prevailed
in times of covid-19 (Khan & Ali, 2021). However, the technology is
incorporated to the extent of allowing video-conferencing facility with
certain SOPs issued by Supreme Court in limited cases.
Prospect of Embracing Technology to Promote Access to Justice
The E-courts project in India is is steadily progressing towards realizing
its full potential in addressing barriers of access to justice. The tech-
developments followed by a consistent framework is likely to facilitate
access to justice with the transformation of old ways that hinders the access
to justice with special reference to geographical and economical barriers.
Judicial pronouncements are all in favor of allowing the technology to
promote access to justice and other concerns of transparency, combating
corruption and backlog of cases (Asian News Inernational, 2023).
In Pakistan, the legal system is compatible with the use of technology,
as statutory provisions do not prohibit its adoption for facilitative purposes.
And is likely to promote access to justice in future if it follows a consistent
framework. The e-court system is however in early stages, and does not

7
(See 3rd section of Technological advancements and E-court system, Mingora Bench,
SHC, LHC)
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follow any consistent framework and also faces certain challenges to

overcome with in future to achieve the full potential of technology to
promote access to justice.
Conclusion
An in-depth examination reveals the potential of certain technologies, such
as e-court system and video-conferencing to promote access to justice.
Indeed, these technologies provide valuable opportunities for addressing
geographical and financial barriers to justice. The positive effects can also
be beneficial to overall legal health promotion, dispute avoidance and
management and adjudication in future.
The study highlights the benefits of fully operational e-court services
and the use of video-conferencing technology for various purposes in both
civil and criminal proceedings, as permitted by the judicial pronouncements
of both countries. These are cited as some of the mechanisms introduced by
institutions of justice to address the barriers negating many Indians living
far away from premises of courts from accessing the justice system. In the
same way, the justice institutions in Pakistan are making significant
progress in leveraging the potential of technology to reduce the barriers
hindrance to many Pakistanis from accessing the justice system. However,
compared to India, the institutions of justice in Pakistan do not follow any
consistent framework and the mechanisms integrated in India may thus
provide useful lessons for Pakistan in its quest to use technology as a means
of improving access to justice.
As tech-based initiatives basically involve digital devices, software and
their operationalization, harnessing tech-environment and trainings to court
staff by reducing digital divide are prerequisites for these initiatives;
amounting their rate of incorporation into the corresponding legal systems
of both countries. There is consequently a need for mechanisms to follow
the accounts of consistent framework and operationalization for access to
justice initially to get the facilitation purpose by focusing on the hybrid-
system of courts (Susskind, 2019). This would be possible through allowing
the tech initiatives of e-filing, video-conferencing and other facilities on the
preferences of litigants, or the extent to which the intended beneficiaries
who are living far away from the premises of court, or have to travel long
distance to appear in court should have smooth access by using these
technologies.

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The prognosis based on the commotion to leverage technology to

ameliorate access to justice would be dependent on factors of digital divide
and the capacity building of clients regarding the adoption of tech-
initiatives. The operationalization of the tech-initiatives would not be
fruitful without considering the aspects of access of technology to all
corners and enhancing the capability of stakeholders to adopt tech-
solutions. The findings to these problems are not all positive in the context
of Pakistan in which measures could be adopted to empower clients with
technology by providing tech-infrastructure to lower courts and considering
the account of reducing the digital gap in Pakistan. This tech-solution to
promote access to justice is based to facilitate the most downtrodden and
cares not to alienate them rather it has a tendency of inclusiveness to
promote access to justice for people who are distant living to courts or have
to travel long distances by bearing the economic cost without discrimination
to navigate the legal system.
Conflict of Interest
The author of the manuscript has no financial or non-financial conflict
of interest in the subject matter or materials discussed in this manuscript.
Data Availability Statement
Data availability is not applicable as no new data was created.
Funding Details
No funding has been received for this research.
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