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
prosecutors, courts, and corrections. To understand the importance of
prosecution service branch, these sub-systems and their separate functions are
• 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.
• 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.
• 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.
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
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).
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
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
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
(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.