everal high-profile trials recently, including some held in Adiyala Jail, have been marred by a troubling departure from procedural integrity. Hasty trials and swift pronouncement of sentences have become alarmingly commonplace. This development has sparked widespread concern and garnered significant media attention.

While the justice system has long been criticised for its various imperfections, the recent trends of expedited proceedings and apparent partiality have intensified scrutiny and elicited adverse commentary. A perception of departure from established norms can not only erode confidence in the judicial process but will also raise profound questions about the fundamental principles of fairness and equity in the legal framework.

On several occasions in Pakistan’s history, superior courts have endorsed extra-constitutional takeovers. For this, they have drawn severe criticism and been likened to kangaroo courts. In this article, I shine light on the genealogy of this notion.

While the origins of the phrase “kangaroo court” have been widely acknowledged for some time, surprisingly few scholars have ventured to explore its profound implications. One prevailing theory posits a metaphorical connection to the agile movements of the kangaroo, suggesting that justice in these courts proceeds with erratic leaps, skipping over crucial evidence favourable to the defendant. The phrase paints a vivid picture of legal acrobatics akin to the bounding stride of a marsupial.

In legal discourse, the “kangaroo court” appellation signifies a damning critique, alleging brazen flouting of the hallowed principles of law and justice. It is implied that these tribunals (frequently shorn of official endorsement within their jurisdictions) convene in an impromptu fashion and epitomize the very antithesis of judicial integrity.

In the realm of a kangaroo court, due process is but a fleeting illusion, easily dispensed with in favour of a predetermined verdict. Devoid of the sanctity derived from recognised legal standards, such proceedings carry the weight of mockery rather than legitimacy.

Numerous conjectures swirl around the etymology of kangaroo courts, each telling a different tale. One of the narratives paints a picture of these courts as intrinsically linked to the realm of mining, where the notion of “jumping” claims illegally may have birthed the term.

Amidst this mosaic of explanations, another interpretation emerges: the sudden emergence of these courts, summoned hastily to address pressing matters, likened to the startling leap of a kangaroo from the shadows of obscurity. Alternatively, one might entertain the notion that the phrase derives from the metaphorical pouch of a kangaroo, suggesting that the court rests snugly within the pocket of its orchestrator.

Yet another interpretation comes from the pouch of possibility. It’s a notion laden with intrigue, hinting at the covert machinations lurking behind the facade of justice. Thus, as the tendrils of speculation reach deeper into the enigmatic origins of the term, each theory offers a tantalising glimpse into the complex variety of human language and imagination. Whether rooted in metaphorical leaps, sudden emergence or clandestine influence, the term kangaroo court is a testament to the enduring power of linguistic symbolism to captivate and intrigue.

On several occasions in Pakistan’s history, the superior courts have endorsed extra-constitutional takeovers. For this, they have drawn severe criticism. 

The thread that binds these disparate tales is the printed word from 1853, when “kangaroo court” made its debut in Samuel Adams Hammett’s renowned work, A Stray Yankee in Texas. Penned under the whimsical guise of Phillip Paxton, Hammett, a seasoned humourist hailing from Connecticut but molded by the streets of New York City, found himself ensnared in the enigmatic charm of the Lone Star State. His musings, chronicling the Texan experience, serve as the cornerstone of every discourse on the subject, echoing through the corridors of historical annotation.

The myriad conjectures swirling around the origins of kangaroo courts remain shrouded in ambiguity as they lack concrete validation. The historical backdrop reveals a tapestry woven with threads of speculation and anecdotal evidence. What remains clear is their genesis in the fertile soil of the United States, blooming amidst the feverish excitement of the 1849 California Gold Rush. It was amid this tumultuous era that the term first found its footing, echoing through the dusty corridors of the southwestern United States.

The California Gold Rush drew adventurers from across the globe, including a significant contingent of Australians. As the land of opportunity beckoned, tales emerged of hastily convened tribunals wrestling with the issue of claim-jumping miners.

While the spotlight of conjecture has mostly shone on America, whispers of a potential English genesis have persisted in scholarly circles. The late 1700s bore witness to the exodus of convicts from English shores to the distant penal colony of Australia, a practice colloquially known as the “kangaroo jump.” It’s not inconceivable that amidst the protestations of the transported, cries of being judged by a kangaroo court may have reverberated.

Beyond the historical conjecture, contemporary examples from disparate corners of the globe, lend credence to the enduring relevance of the kangaroo court phenomenon. In Pakistan, too, tales abound of courts convened in the shadows of officialdom. In remote villages and urban alleys alike, the aggrieved parties have complained of having been at the mercy of impromptu tribunals, where justice takes on a capricious guise and is swayed by the whims of those wielding power rather than the weight of legal precedent.

Whether nestled within the annals of American history or echoing through the tumultuous landscapes of colonial Australia, the enigma of the kangaroo court persists as a testament to humanity’s perennial quest for justice amidst the chaos of circumstance.

The intelligentsia and the general populace must recognise the crucial importance of the judicial system for the sustainability and advancement of a just society.

The writer is a professor in the Faculty of Liberal Arts at the Beaconhouse National University, Lahore