Hashim Abro, Adv Waseem Abro
REFLECTING upon these powerful words of a famous French thinker and writer Ander Gide who once said, “Everything that needs to be said has already been said.
But since no one was listening, everything must be said again “; in this article want to something as a food for thought for all those who belong to justice sector and others matter in the corridors of power and politics.
Nowadays, people do not hesitate to infringe the law and commit an offense in our society. Crime and types of crime vary across provinces and regions. While the Capital has seen swelling crime rates, crimes like property disputes, theft and burglary are more prevalent during the day, while snatching and murder is more common at night. Fraud, attempted murder and drug offenses are also significant concerns in Islamabad nowadays. Financial crimes, including fraud and tax evasion are on the rise. Corruption is a grave serious issue. Security threats, including armed conflict, tribal killings, kidnapping for ransom remain a concern in certain rural areas of Sindh, Punjab, Balochistan and the KP.
While watching any drama or movie on television, we see that criminals are convicted and crimes are always addressed effectively. In real life in Pakistani society, the situation is always otherwise—- many murderers are at large, the police and prosecutors lack sufficient evidence to result in a conviction. Justice-seekers give a long weary sigh whenever you have the opportunity to interact with them and ask about police and prosecution in our society.
The role of prosecutors is very important in the dispensation of criminal justice. Effective prosecution is a key figure in the just and fair conclusion of any criminal case. Research reports fail to obtain the exact number of prosecutors in Pakistan today. However, the Punjab province has a dedicated Criminal Prosecution Service with 2,938 employees, including 945 prosecutors. The Sindh Criminal Prosecution Service is responsible for conducting prosecutions on behalf of the State in Sindh, Pakistan. It is headed by the Prosecutor General, Sindh, who oversees the service and represents the government in higher courts. Recent amendments to the Sindh Criminal Prosecution Service Act have aimed to streamline operations and improve accountability.
At the Federal level, Criminal Prosecution Service, Islamabad, is yet to see the light of day. Nowadays, the Directorate General of Law and Prosecution is also working under the Federal Board of Revenue (FBR). In all legal traditions prosecutors occupy a key position in the criminal justice system and exercise considerable powers and responsibilities. The rule of law cannot be upheld, nor can human rights be protected, sans effective prosecution services that act with independence, integrity and impartiality in the administration of justice.
According to the UNODC Research reports, in many systems, prosecutors may also have the role of representing the public interest and protecting vulnerable people including children, disabled and aged persons and minority groups in matters of civil or administrative law and may have a wider role within the public service.
The function of Prosecutors under the Constitution of Pakistan is to vindicate the rights of the people as expressed in the law(s) and give those accused of crime a fair trial. The Constitution provides a framework for the prosecution of offenses, primarily through the Code of Criminal Procedure (CrPC), the Pakistan Penal Code (PPC) and the establishment of prosecution institutions. Key aspects include the appointment of public prosecutors, their powers and functions and the right to a fair trial.
In various landmark decisions, the Supreme Court of Pakistan has shed light on the role of prosecutors. In the light of those, the prosecution’s role is to establish the guilt of the accused beyond a reasonable doubt. Unfortunately, legal ethics is a misnomer. Prosecutors conducting themselves legally are not necessarily conducting themselves morally. They make the justice-seeker and ultimately, the justice system and this society all losers.
Above all, for anyone who fills the role of prosecutor, as their hiring process should not be subject to political influences and corrupt considerations? Criminal proceedings against sitting government member(s) should not be halted, or as part of a ‘political deal’ to ensure the survival of the government. The combination of these factors not only contributes to a low conviction rate but also undermines litigant public confidence in the justice system.
Prosecutors should be at the center of justice sector reform in the truest sense. Many prosecutor continue their work with full vigor and spirit despite having no career progressions, at the operational level, they too deserve a hug. How long will be kept deprived of their personal and profession rights? Steps must be taken to improve the effectiveness of investigations, strengthen coordination among policing agencies, improve accountability safeguards and management systems for investigations and public order policing operations, strengthen gender equity in the criminal justice chain and improve internal and external oversight within the criminal justice system, with a particular focus on the police and prosecution.
—Hashim Abro regular columnist and Advocate Waseem Abro is a lawyer based in Islamabad focusing on criminal, civil, service/labor and industrial relations matters, human rights, environment and climate.
