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SC had directed Sindh govt to make prosecution independent

By Usman Manzoor
January 16, 2016

Sindh Assembly bill against SC direction

ISLAMABAD: The Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Amendment Bill that further strengthens government’s grip on the prosecution department is contrary to what the Supreme Court (SC) had ordered the province to adopt while handing down judgement in Karachi killings case.

The recent legislation enables the provincial government to withdraw any sub-judice case including those being heard in the Anti-Terrorism Court (ATC) whereas the SC in its judgement in Suo moto case No. 6 of 2011 had highlighted that independent investigation and prosecution is a must for bring the terrorists to book.

The judgement of SC says, “The court expects that a new culture of independent, depoliticized, and non-partisan prosecution comprising efficient, capable prosecutors will be established by the government to aid and assist the courts. The Government must also depoliticize the administration/prosecution. This will be for its own good and for that of the nation.”

The five-member bench of the SC had said that too often representatives of the government are seen castigating the courts for the release of alleged terrorists and criminals but the burden that rests upon the executive and the legislature cannot be passed on to the courts as the courts can only act upon evidence and material presented before them.

“In these especial circumstances it is for the government to ensure that cogent evidence to support prosecution is collected and presented in the court. It is for the legislature to provide processes for the protection of witnesses, policemen and judges and for the executive/government to fully implement these reforms,” it said.

The judges of SC specifically mentioned that how could one believe that, in presence of the overwhelming material, which is brought before the courts in daily situation reports, reports of Special Branch, IB and other sources, the criminals will be punished for the crimes, which they have committed, if the investigating agencies and prosecution department are not independent. “Therefore, under the circumstances, change in the investigation and improvement in the prosecution system is sine qua non, and that too, through de-politicized, honest and competent officers. In absence thereof the accused persons shall be encouraged if they are arrested but not sentenced knowing fully well that they though have brutally killed so many persons in violation of the fundamental rights of the victims, nothing would come of this barbarity”, said the judgement.

 The SC directed that an independent and a depoliticized investigation agency be deputed to conduct investigation of cases fairly, honestly and without being influenced in any manner in Karachi. “Similarly, the prosecution agency comprising competent prosecutors and the Provincial Government/Executive must provide protection to the witnesses so that they may depose against the perpetrators of crimes without any fear, enabling the courts to decide cases against them in accordance with law. The prosecutors, particularly for the Anti-Terrorism Courts should be appointed in a highly transparent manner according to the Constitution and the law. Appointments of prosecutors are required to be undertaken without any political whims and considerations”, it added