It is high time to establish Prosecution Service Branch in Islamabad Capital Territory

(Karamat Hussain Janjua, Islamabad)

The criminal justice system of Pakistan and failure on the part of the State to establish Prosecution Service Branch in I.C.T.Islamabad.

The criminal justice system of Pakistan, like most countries, consists of 4 subsystems: police,
prosecutors, courts, and corrections. To understand the importance of prosecution service branch, these sub-systems and their separate functions are as follows:-

(i) Police
• Investigating crime.
• Preventing crime.
• Arresting and detaining suspects.
• Maintaining public order.
• Traffic control.
• Responding to criminal and noncriminal emergencies.
• Some of these tasks are also carried out by private and other public law
enforcement agencies, such as Customs & Excise, Anti-narcotics
Force, Forest Department and departments of local authorities.

• Preparing cases for prosecution.
• Prosecuting cases in the high courts.
• Preparing cases for trial in the Supreme Court, through liaison with
advocates for the prosecution before and throughout the trial.
(iii) Courts
• Handling and processing cases efficiently.
• Deciding on bail, remands and mode of trial.
• Protecting the rights of the defendant.
• Deciding on guilt.
• Passing sentence.
• Hearing appeals against conviction and sentence.
• Providing a public arena so that justice can be seen to be done.
(iv) Prisons
• Holding persons remanded in custody by the courts.
• Holding sentenced offenders.
• Maintaining proper conditions for those held in custody.
• Preparing inmates for release.
• Attempting to rehabilitate offenders.

A. Police
In each province, in the Islamabad Capital Territory, and in the Northern
Areas, the Inspector General of Police (IGP) is responsible for the command and control of the police force under him (there is no regular police force in the federally administrated Tribal Areas). The Inspector General is also responsible for advising the federal and provincial governments on all matters concerning the police. In the discharge of his duties, the Inspector General is assisted by Additional
Inspectors General, Deputy Inspectors General (DIG), and Assistant Inspectors General (AIG), as the government may from time to time appoint. The organisation of the police department is shown at Annexure A. For operational purposes, every IGP’s area of responsibility is divided into ranges, districts, sub-divisions, and police stations,
each headed by a Deputy Inspector General of Police, a District Superintendent of Police, a Sub-Divisional Police Officer
(Assistant Superintendent or Deputy Superintendent of Police) and a Station House Officer (Inspector or Sub - Inspector), respectively. The total area of Pakistan has been divided into 23 ranges, 107 districts, 356 sub-divisions and 1218 police stations. In addition, in each IGP’s jurisdiction, there is a Special Branch, a
Crime Branch, a Training College and/or Police Training School(s).
B. Prosecution
Unlike many other countries, there was no separate prosecution service in
Pakistan, nor did prosecutors have any role in the investigation of criminal cases as they do in Japan. However, prosecutors do offer advice to the police on defects, if any, in the State’s cases.
The Chief Prosecutor in the Federal Government is the Attorney General for Pakistan, who is assisted by a number of Additional Attorney Generals, Deputy Attorney Generals and Assistant Attorney Generals. Similarly, each province is represented by an Advocate General, assisted by a number of Deputy Advocates General and Assistant Advocates General.
Criminal cases in the high courts are generally presented on behalf of the State by the office of the Advocate General now Prosecutor General of the province concerned, while the office of the Attorney General represents the State in the Supreme Court or in the special courts and tribunals set up by the Federal Government. In district and sessions courts, the prosecution of criminal cases is conducted by District Attorneys and Deputy District Attorneys of the District concerned .They belong to the law department of their respective provincial government.
In the lower courts (i.e. magistrates’ courts), prosecution of criminal cases is conducted by the prosecuting inspectors, who are employees of the Police Department. In other words, whereas those who prosecute cases in the district and session courts function under the provincial law departments, the prosecuting inspectors at the level of the magisterial courts are subject to the administrative control of the District Superintendent of Police.

That Each Province of the Country have setup their Proseuction Branch through legislation i.e. Punjab Criminal Prosecution Service (Constitution, Functions And Powers) Act 2006 and Rules framed thereunder. Likewise Baluchistan, Sindh and KPK also toed the line of the Punjab.

Notwithstanding what has been stated above, upon creation of Islamabad High Court Islamabad in the year 2010 through the Act of the Parliament , Islamabad was separated into two Districts namely Islamabad West and Islamabad East. Two Separate Courts of Sessions are working in each district and sessions’ judges can pass any sentence authorised by law. In each district, judicial magistrates are appointed and they are subordinate to sessions’ judges of the District concerned and may try all offences not punishable with death. A number of special courts have also been constituted from time to time to deal with specific offences like terrorism, banking offences, smuggling, evasion of taxes, corruption and so on.

But an independent Prosecution Service Branch has not been established so far. The experience of Legal Inspectors failed in the provinces and it was felt that the only solution was to establish independent prosecution service branch in each province which task was accomplished through legislation as enumerated above. But Federal Capital Territory once again was dealt with different yard-stick like other matters.

Without any independent Prosecution Service Branch in the Federal Capital , the most heinous criminals are being set at liberty without their proper prosecution. Mere appointment of Advocate General Islamabad could not coup with the situation.

It is high time to establish the Prosecution Service Branch at par with Province of Punjab , in order to impart justice to the masses in the light of present scenario and rapid increase in crimes for the following acts and deed:-
(i) Preparing cases for prosecution.
(ii) To conduct trials before the Magisterial Courts, Court of Sessions and Special Courts.
(iii) Prosecuting cases in the High Court.
(iv) Preparing cases for trial in the superior Courts , through liaison with advocates for the prosecution before and throughout the trial.
(v) To deal with the appeals for and against the condemned prisoners.
(vi) To advise the Police Officers in filing the Reports Under Section 173 Cr.P.C. and suggest defects etc.

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About the Author: Karamat Hussain Janjua

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I am an Advocate High Court and Federal Shariat Court of Pakistan based at Rawalpindi/Islamabad Pakistan. .. View More
17 Feb, 2018 Views: 422


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