Naeem Akhtar

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M.A, L.L.B, L.L.M (Criminology) Serving as "Research Officer / Civil Judge & Judicial Magistrate"
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Papers by Naeem Akhtar

Judicial Overreach: Historical and Pakistan Perspective

Law Quarterly Report, Legal Research Cell, High Court of Sindh, Karachi, 2025

Judicial overreach occurs when courts extend their role beyond their constitutional mandate, inte... more Judicial overreach occurs when courts extend their role beyond their constitutional mandate, interfering in the domains of the executive and legislative branches. This article explores the historical origins and implications of judicial overreach globally, with a focused analysis of Pakistan. By tracing landmark cases and analyzing constitutional debates, the study reveals how the judiciary’s actions can both safeguard and undermine democratic principles. Through a comparative lens, the article also addresses the thin line between judicial activism and overreach.

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ANALYSIS OF "CONTRACTS" IN THE LIGHT OF ISLAMIC EDICTS AND THE JUDGMENTS OF SUPERIOR COURTS OF PAKISTAN

S B L R 2023 Article 6 , 2023

Contracts are the cornerstone of any commercial activity, and this is no different for Muslims. C... more Contracts are the cornerstone of any commercial activity, and this is no different for Muslims. Contract law is important for advancing business activity. It is crucial to comprehend the foundations of Islamic commercial contract law as Islamic finance products become more widely accessible around the globe. The tenets of contract law that serve as the foundation for Islamic contracts are outlined in the Qur'an and the Hadith. Over 40 verses of the Qur'an mention various commercial contracts. The first school to establish regulations for business transactions and payment for items to be delivered in the future was the Hanafi school of Islamic law, which is practised by around one-third of the world's Muslims.

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Article: ARTIFICIAL INTELLIGENCE FOR SUSTAINABLE AND EFFECTIVE JUSTICE DELIVERY IN PAKISTAN SBLR S B LR 2022 Article 63

S. B. L. R, 2022

The constant increase in the number of pending cases in courts has been a cause of concern for t... more The constant increase in the number of pending cases in courts has been a cause of concern for the legislative, executive and the judicial wings of the country and to overcome this problem, various steps are being taken like pressing for Alternative Dispute Resolution (ADR) mechanisms and scrapping of redundant laws but applying the new found field of Artificial Intelligence to cope up with this conundrum is an area that is still unexplored. Pakistan, is a country with growing up economy with a population of more than 221.0 millions, faces the problem of shortage of resources in almost every sector and Pakistani judiciary is no different. With the problem of shortage of judges and ever increasing rate of institution of cases, the net result is that a civil or a criminal trial takes years to get decided as compared to time taken by developed countries where trial is a matter of a few days. The net result, then, is delayed and ineffective justice delivery which is not very useful for any society. It is, therefore, necessary to think of out of the box solutions, in addition to the conventional ones, to restore the effectiveness and efficiency of the justice delivery system and make the same sustainable. One such solution is putting Artificial Intelligence to use in disposing judicial matters. Since courts in Pakistan are already undergoing a transformational change by going digital, the emerging domain of science called ‘Artificial Intelligence’ or ‘AI’ may help in surprising ways to ensure sustainable justice delivery and reduce the backlog of pending cases. Judiciary in some parts of developed countries like U.S.A, China and Canada has already deployed AI systems to assist the judges on taking a call on matters like granting of bail and release of offenders on parole. Likewise, in Pakistan too, court tasks can be identified which can be expedited through the use of intelligent machines. These tasks may range from routine matters such as service of processes to complex ones like evaluation of evidence. This will not only save judicial time of the courts leading to better utilization of public money but may also help in reducing the impact personal biases of the judge in decision making.

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DAMAGES AGAINST FALSE FIR

www.pakistanlawsite.com [PLD-2021], 2021

In numerous criminal cases which are initiated through the filing of FIRs, a wide net is ... more In numerous criminal cases which are initiated through the filing of FIRs, a wide net is cast to implicate accused persons and their family member's particularly able-bodied males. This ordinarily is done to ensure that such able-bodied males are arrested and there is none left free to pursue their case in Court. After the trial in many cases, the accused who are nominated are acquitted. The accuser/complainant in most cases walks away without facing the consequences of a false accusation. Section 182, P.P.C. quite often is not used even if there is reasonable ground for initiating action under the said provision for prosecuting a person who has filed a false FIR. The societal propensity towards false accusation in FIRs can potentially be curbed through civil suits for malicious prosecution (Suit for recovery of damages).

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Duration of life imprisonment and its substantive imprisonment in Pakistan & India Literature review

By increasing reliance on longer and harsher prison sentences, these retributive sentencing formu... more By increasing reliance on longer and harsher prison sentences, these retributive sentencing formulations may result in exacerbating rather than resolving existing problems with the prison system. These problems arise, at least in part, due to a gap between the perception and realities about life imprisonment. In seeking to develop solutions to narrow this gap, the voices of those who face the punishment cannot be left out. Prisoners are recognised as rights bearing individuals and not only passive recipients of punishment or largesse. It is important to recognise the realities of their physical spaces.

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Duration of life imprisonment and its substantive imprisonment in Pakistan

Research Article on "Duration of life imprisonment and its substantive imprisonment in Pakistan", 2020

The Pakistan Penal Code, 1860 answers under section 57 that "in calculating fractions of terms of... more The Pakistan Penal Code, 1860 answers under section 57 that "in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for 25 years."1 Therefore, considered that life imprisonment means imprisonment for maximum of 25 years. In resolution to this proposition, two sister jurisdictions need to be examined: Pakistan and India. The reason is simple; both states' laws have a common origin in English common law and their shared history of judicature under the British. To begin with Pakistan; so far, the question has not been answered by the superior courts in clear & unequivocal terms. In the case of Abdul Malik V. The State2, honorable Supreme Court of Pakistan observed that "In Pakistan as well Rule 140 of the Prison Rules framed under Prisons Act and as reproduced in Para-29 above codifies this authority of the Government. It lays down as to what "imprisonment for life" would mean if the remissions were to be calculated (25 years); what is the minimum period of substantive sentence that a lifer is to undergo (15 years); how the cases of all the prisoners who have served out the minimum period of substantive sentence as provided in sub-rule (i) are to be submitted to the Government for appropriate orders. This exercise is to be carried out for the purposes of section 401 of the Cr. P.C. which empowers the Provincial Government, inter alia, to suspend or remit the sentence of the prisoner and pass order of his release. While it is the function of the Court to pass a sentence, it is for the appropriate Government to carry it into effect, to regulate the custody of the convict/ prisoner, to grant him remissions and to pass order of release under the law. If a prisoner/lifer is released in terms of the Prison Rules under consideration, the said 1 Section 57. Fractions of terms of punishment: In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty-five years. 2 Abdul Malik V. The State, P L D 2006 Supreme Court 365

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Drafts by Naeem Akhtar

An Article / Research Paper on "INQUEST REPORT" by Mr. Naeem Akhtar Serving as Research Officer / Civil Judge & Judicial Magistrate, Legal Research Cell (L.R.C) Sindh High Court at Karachi

This article explains the provisions of the inquest report, its main ingredients, and Implication... more This article explains the provisions of the inquest report, its main ingredients, and Implications along with the relevant provisions of the law and landmark judgments of the honorable apex courts. The expression 'inquest' has not been categorically defined in the Code of Criminal Procedure, 1898. The meaning of Inquest is to pursue legal or judicial inquiry to ascertain the facts. The literal meaning of the expression of 'inquest' is "a judicial inquiry to ascertain the facts relating to an incident". According to the Black's Law Dictionary, the term 'inquest' means an inquiry conducted by the medical officers or sometimes with the help of a jury into the manner of death of a person, who has died under suspicious circumstances or has died in prison. The provisions relating to the inquest report are covered under Part V, Chapter XIV of the Code. An inquest is a judicial inquiry in common law; mainly one held to determine the cause of a person's death, conducted by a judge, jury, or government official; an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are only conducted when deaths are sudden or unexplained.

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Judicial Overreach: Historical and Pakistan Perspective

Law Quarterly Report, Legal Research Cell, High Court of Sindh, Karachi, 2025

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ANALYSIS OF "CONTRACTS" IN THE LIGHT OF ISLAMIC EDICTS AND THE JUDGMENTS OF SUPERIOR COURTS OF PAKISTAN

S B L R 2023 Article 6 , 2023

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Article: ARTIFICIAL INTELLIGENCE FOR SUSTAINABLE AND EFFECTIVE JUSTICE DELIVERY IN PAKISTAN SBLR S B LR 2022 Article 63

S. B. L. R, 2022

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DAMAGES AGAINST FALSE FIR

www.pakistanlawsite.com [PLD-2021], 2021