News
Monday, June 27, 2011
Investigation, prosecution depreciating: CJP
* Justice Iftikhar Chaudhry says interference of influential creates problems in investigation of cases
By Asghar Azad
KARACHI: The Chief Justice of Pakistan (CJP) Justice Iftikhar Muhammad Chaudhry, said on Sunday that average result of investigation and prosecution was depreciating day by day and interference of influential created problems in investigation of the cases.
There are lists of observations but they remain untraceable as victims are badly suffering while accused are roaming freely, he said while addressing a seminar in connection with First All Pakistan Judicial Academies Summit on ‘Criminal Justice Prosecution and Investigation’, organised by the Sindh High Court (SHC) in collaboration with the Sindh Judicial Academy (SJA) at a local hotel.
The Chief Justice said that they had collected figures from the courts, police, prosecution and jail authorities and found that 40 percent of case challans were not produced in the courts on one or another pretext.
He said political influences and social pressures had badly affected the performance of investigation institutions. The bar, investigation agencies and prosecution are duty bound to provide justice and uphold the supremacy of law, he added.
The CJP further said: “The extra-judicial killings are in violation of law and right to life as protected in Article 6 of the International Covenant (Civil and Police Rights), while Article 10 provides important safeguards against arbitrary arrest and detention and Article 10-A guarantees fair trial.” He said that a new service for prosecution of criminal cases had been established in all the provinces to ensure prosecutorial independence in criminal justice system of the province. He further observed that weaknesses in investigation, structural flaws in the whole system and lack of coordination among the stakeholders at grass-roots level had been causing an increase in litigation in the society and dismally low conviction rate.
The Chief Justice said that negligence on the part of the investigating agency had badly damaged the prosecution case, therefore, there was need to improve the quality of investigation by educating the investigators with the current laws.
Chief Justice also appreciated research papers of Deputy Inspector Generals of Police Sanaullah Abbasi and Dr Abdul Khalique Sheikh as saying the suggestions given by the police officials should be put into practice. “If these suggestions come in the practice, a proper legal frame may be successful for the prosecution and investigations,” he added.
Meanwhile, Chief Justice also awarded shields to Supreme Court’s Judge Justice Sarmad Jalal Osmani, Chief Justice Sindh High Court Justice Mushir Alam, Justice Maqbool Baqir, Justice Sajjad Ali Shah, District and Session Judge Qamaruddin Bohra, Advocate General Sindh Abul Fatah Malik, Prosecutor General Sindh Shahadat Awan, Director General Sindh Judicial Academy Justice Saleem Akhtar, DIGs Sanaullah Abbasi and Abdul Khalique Sheikh.
Courtesy www.dailytimes.com.pk