Prosecutors of the Khyber Pakhtunkhwa have complained of receiving cases of anti-terrorism with deficient evidence, which results into acquittal of accused. It was observed at a meeting of the prosecutors attached to the Anti-Terrorism Court (ATC) in Khyber Pakhtunkhwa held with Director General (DG) Prosecution, Mohammad Arif Khattak in the chair.
The meeting was a follow-up of the meeting held under the chairmanship of Chief Justice, Supreme Court of Pakistan in mid of February. In the earlier meeting, main causes of failure of prosecution cases under the Anti-Terrorism Act (ATC), were thoroughly came under discussion and certain parameters were also laid down and a particular reference was made to a Judgement of the apex court reported in the Pakistan Legal Decisions (PLD) 1999 (Supreme Court-Page-504) wherein certain parameters are laid down by the apex court in cases under the Anti-Terrorism Act, 1997. Section-21 of the Anti-Terrorism Act, 1997 was also discussed threadbare.
The said section stipulates protection to judges, witnesses, prosecutors, counsels, persons concerned with court proceedings, in-camera proceedings and non-disclosure of the identity of any person or persons connected with criminal dispensation of justice system.
Director General (DG) Prosecution during the meeting emphasised on the prosecutors that the conviction ratio in Anti-Terrorism Courts functioning in Khyber Pakhtunkhwa is too low which requires to be increased considerably for which liaison with investigating agency is very much imperative. By having this it will not only enhance the conviction ratio rather case of quality evidence will be sent up to the courts for trial.
He also pointed out that future posting of any prosecutor will be made on the basis of their efficiency and commitment to the tasks assigned to them, which will definitely enhance conviction ratio.
The participants pointed out that normally they are receiving cases of Anti-Terrorism with deficient evidence, which results into acquittal. Director General (DG) Prosecution emphasised that cases registered under the Anti-Terrorism Act are not ordinary cases and investigation in the same be carried out in scientific mode.
The prosecutors are supposed to facilitate collection of quality evidence well in time and both police and prosecution shall make collective efforts for the purpose.
In future meetings will be held with the Additional Inspector General (AIG) (Investigation) Khyber Pakhtunkhwa for carrying out effective investigation and to further enhance co-ordination in-between the two set-ups for the purpose of getting the culprits convicted.
By adopting this mechanism about more than 3600 cases were forwarded to courts for the purpose of discharge, which will reduce unnecessary burden on the courts.
To enhance the capability of the offices of the District Public Prosecutors across the province spread over on 25 districts, the provincial government has provided 19 photo-stat machines, computer systems along with all accessories, LEDs, UPSs, Scanners, Printers, furniture and other official equipment and necessary staff provided and connected with a network of Directorate of Prosecution for quick and better co-ordination for increasing updated working capabilities of the entire prosecution system in the province, which will, of course, give us a positive result in improving the law and order situation in the province.