Legal experts have maintained that the prevailing Criminal Justice System of Pakistan needs to be revised to address existing crimes so that the culprits could be brought to the book. The criminal justice system of Pakistan introduced by the British Empire in the sub-continent during its regime is outdated as it is almost failed to cope with the current criminal activities because it was not reviewed after 1947.
The prosecutors failed to plead the cases properly before the trail courts due to lack of solid evidence. The primary reason for the low conviction rate was the lack of an up-to-the-mark investigation - an important part of the prosecution system which either fails to collect convincing evidence or produces evidence that is easily challenged by the accused.
Former Chairman Senate, Wasim Sajjad told Business Recorder that evidence collected by the investigation agencies are vital for prosecution to plead the case in trial courts successfully. He added that a prosecutor is unable to defend any matter before the court in case of weak evidence submitted by the investigators.
However he categorically said, "A highly experienced prosecutor could defend the case in the court despite the weak evidence, whereas most of the prosecution cases were disposed of by the courts due to the incapability of a prosecutor". Witnesses also require protection which is not an easy job especially in terrorism-related cases. It is an uphill task for the investigation agencies to collect evidence in terrorism-related cases. Protection is provided to witnesses in different parts of the world and their names were never disclosed in some developed countries, Sajad further said.
In Pakistan, criminals including militants are released on bail or their trial persists for years as witnesses in such cases do not appear before the court due to a threat to their lives. Resultantly, criminals are released from the courts due to lack of evidence, he added.
Though investigators are trained to deal with common crimes, including kidnapping, murder, terrorism, theft etc, yet they are incapable of dealing with twenty first century cyber-crimes, he added. While highlighting the necessary steps required for the improvement of the prosecution system in the country, he said that there is a need to establish a strong witness protection law, and ensure protection of witnesses, investigators, prosecutors and judges in major criminal cases, particularly terrorism cases.
Allah Nawaz Mian fomer Chief Justice of Lahore High Court (LHC) said that the ineffectiveness of Pakistan's criminal justice system has serious consequence for domestic, regional and international security. He said due to the prevailing situation Pakistani society is becoming more rife with and prone to crime. The prevailing Criminal Justice System of Pakistan was introduced by the Britons during their rule in the sub-continent, which has become outdated now.
Unfortunately no legislation was carried out despite the passage of 65 years. Now, the country is following the British Criminal Justice system despite the fact that it is not compatible with the 21st century crimes, he added. Emphasising on the formation of the jury to proceed against terrorism- related cases in the trial courts, he said that the jury is intended to be an impartial panel capable of reaching a verdict with consensus leaving no ambiguity about the decision of the court. Most of the western countries have adopted a jury system for the trail of heinous crimes.
Witnesses are reluctant to appear before the Courts fearing that terrorists might cause harm to them or their family due to which the conviction rate in terrorism cases are next to nil. The legislator should bring reforms in the Criminal Justice System particularly witness statement to be recorded through video conferences without producing the witness in the court physically.
The pre-trial phase is the main cause of weak prosecution cases as evidence is poorly recorded and stored, lost, compromised, falsified or simply inadequate. Corruption and political interference also compromises investigations and there is a severe shortage of qualified personnel, he added. A poor investigation system is the main reason behind the low conviction rate of the prosecution cases as investigation agencies are completely swayed by the influential segment of society, including politicians and the feudal.
Advocate Muhammad Ali Afzal maintained that the low conviction rate, in the range of 5 to 10 percent, is a clear reflection of the ineffective prosecution and poorly trained investigators who have no access to basic data and modern investigation techniques. Prosecutors in Pakistan are not closely involved in the process of inquiry, he added.
Affan Ehsan, Advocate High Court said that investigation and evidence recording system should be sustainable so that it could be used in the latter phase of the legal process. He pointed out that the weakness in evidence recording system leads to the release of the accused and no one should blame the courts for giving free walkovers to the accused in the absence of evidence. Elaborating his argument, he said that witnesses also require protection which is not an easy thing to do especially in terrorism-related cases.
Comments
Comments are closed.