Chief Justice Iftikhar Muhammad Chaudhry on Thursday grilled rampant corruption culture in police and held police reforms responsible for increase in corruption. 'Separation of operational and investigation departments has not served the purpose, rather had multiplied corruption as people have to grease more than one palm', the Chief Justice observed.
The situation has worsened to such an extent that people have to fulfil additional demands of the Police for registration and investigation of their case. The system of jails is not an exception, as one has to pay for remission of his sentence, the Chief Justice added.
'I have sorted out 185 cases in Kot Lakhpat jail whose Challan has not been produced by the police for last 6-7 months and have given 3 days time to the relevant authorities to submit all challans of those prisoners', the CJ added. The CJ urged support from the legal fraternity for speedy justice saying the Bench and the Bar will have to make serious efforts to save the system and ensure speedy justice to the people.
The chief justice said strict action should be taken against those who commit crimes against society and disrupt law and order situation, however lenient punishments should be awarded in cases where a person indulges in individual criminal activities.
The CJ expressed these views while hearing an appeal against life imprisonment, which involved some serious legal and constitutional quires regarding reduction of period of sentence under Section 382-B of Criminal Procedure Code.
Section 382-B of Cr. PC says that 'the length of any sentence of imprisonment imposed upon an accused person in respect of any offence shall be treated as reduced during which he was detained in custody for such offence'. The applicant had prayed the court to consider the period during which he remained in Police custody prior to his conviction and sentence awarded by the court, in his sentence.
In order to address the issue the Chief Justice constituted a six-member larger bench. The bench comprises Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Syed Zahid Hussain and Justice Muhammad Sair Ali. The court had appointed Advocate Iftikhar Hussain Gillani, Sheikh Zamir Hussain and Qazi Amin as amicus curie for assistance.
Advocate Zulfiqar Maluka had filed the appeal as counsel for Shah Hussain allegedly involved in murder and robbery. The Session Judge Dassu had awarded him twice life imprisonment in addition two times 10 years imprisonment was well. Advocate Iftikhar Hussain Gillani admired the court for taking notice of such serious matter and said what the court was doing, was not judicial activism rather it was realism. Why people are looking towards Supreme Court? it is due to the faith of people, Gillani added.

Copyright Business Recorder, 2009

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