Monday July 04, 2022

Poor performance : Annoyed SC suggests closure of KP prosecution department

December 27, 2017

ISLAMABAD: Justice Dost Muhammad Khan of the Supreme Court observed on Tuesday that we are dishonest as a nation, adding that visit any department, and you will find 60 per cent of employees on leave for whole week.

“Is our attitude in line with the principles, laid down by the Father of the Nation, Quaid-e-Azam Muhammad Ali Jinnah?” the judge questioned. He was hearing some criminal cases as the member of a two-member Supreme Court bench. The other member of the bench was Justice Qazi Faiz Isa.

The SC questioned the performance of the Prosecution Department of Khyber-Pakhtunkhwa (KP) and observed that despite spending millions of rupees, its performance was zero. The bench rejected the bail application of one accused, Mujeebur Rehman, but accepted that of the other accused, Jehanzeb, for surety bond of one lakh rupees.

Mujeebur Rehman was accused of firing on three persons in Mansehra while Jehanzeb was accused of killing one person in the jurisdiction of Swabi Police Station on April 10, 2017. During the course of hearing, the court put a volley of questions to the law officers of Khyber-Pakhtunkhwa. And when they failed to give satisfactory answers, Justice Dost Muhammad observed that millions of rupees were being spent on the provincial prosecution department, but the result was zero.

“If the prosecution is unable to show performance, why it should not be abolished,” the judge remarked, adding that the old system of prosecution was better than the present one. Justice Qazi Faiz observed that due to the incompetent prosecution of the province, most of the minor cases relating to bail matters come to the Supreme Court for adjudication.

Justice Dost Muhammad questioned as to how the court could ensure justice when the prosecution fails to provide the court with real facts about a particular case. He further said that mostly allegations were levelled against the court for prolonging cases and giving adjournments in the cases.

Justice Dost Muhammad recalled that in 2013, directions were issued to the KP government for establishing a forensic lab, but still the court order was not implemented in letter and spirit. If facilities of fingerprints and forensic lab were established in the province, then the officers would not be able to divert the cases in other directions, Justice Qazi Faiz Isa observed.

He also questioned the appointment of attorney general and advocate general, adding that their appointments should be made on merit and the political governments should not have a role in the appointment of law officers.

Meanwhile, the bench in another case relating to bail matter in drug related cases, observed that the sale of narcotics was going on and drug-smugglers were playing with the future of our young generation.

Justice Dost Muhammad observed that the Anti-Narcotics’ Force, while launching a crackdown down in the educational institutions of Peshawar, had arrested seven drug-suppliers. He recalled that after the arrival of Taliban, the cultivation of poppy in Kabul came to zero till 2001, but now its cultivation is again in progress on a large scale.

Similarly, in another case pertaining to drilling near the shrine of Pir Ghamkol Sharif, the same bench issued notices to Advocate General Khyber-Pakhtunkhwa. The shrine of Pir Ghamkol Sharif is located in Ghamkol hills of Kohat. Rush of visitors can be seen at his shrine throughout the year, and once in a year on a day of his death anniversary, millions of people from all around Pakistan pour into Kohat to visit his shrine.