Assignment no 1

Zian Saeed 01-112222-086

Pakistan Studies
Instructor: Aleena Zaid
Topic Assigned: Role of prosecution for enhancement of justice conveyance and criminal justice
system of Pakistan

The role of the prosecution in the criminal justice system is essential for the enhancement of justice
conveyance. Prosecutors play a pivotal role in the pursuit of justice by representing the state or
government in criminal cases. As every country have different type of approaches to provide the rights
to the people or to prosecutors because of the law or the legislation of their own approach but there are
several things which every country cannot go behind and that’s the human rights and their role and
rights to prosecutors.

There are some key roles that enhance the justice conveyance

1. Evaluating Evidence: Prosecutors review the evidence gathered by law enforcement

agencies to determine whether there is a sufficient basis for bringing charges against a
defendant. Their responsibility is to ensure that charges are supported by credible and
admissible evidence, and that there is a reasonable likelihood of conviction.
2. Filing Charges: Prosecutors are responsible for formally charging individuals suspected
of committing crimes. This involves carefully considering the facts of the case, relevant
laws, and the public interest. They must ensure that charges are appropriate and well-
founded.
3. Advocating for the Public Interest: Prosecutors are not just advocates for conviction;
they are also advocates for the public interest. This means that their primary duty is to
seek justice rather than merely securing convictions. They must consider the rights of the
accused, the interests of victims, and the broader interests of society.
4. Presenting the Case in Court: Prosecutors represent the government in court by
presenting the evidence, questioning witnesses, and making legal arguments. They have a
duty to present a clear and compelling case that supports the charges while adhering to
ethical and legal standards.
5. Upholding Due Process: Prosecutors are responsible for ensuring that the accused
receives a fair trial and that their constitutional rights are protected. This includes
disclosing evidence to the defense, following proper legal procedures, and respecting the
presumption of innocence.
6. Negotiating Plea Bargains: In many cases, prosecutors engage in negotiations with the
defense to reach plea bargains. These agreements may result in the defendant pleading
guilty to a lesser charge in exchange for a reduced sentence, expediting case resolution
and conserving resources.
 7. Ensuring Accountability: Prosecutors are tasked with holding individuals accountable
for their actions within the boundaries of the law. This includes pursuing charges against
those who have violated the law and seeking appropriate penalties.
8. Appeals and Post-Conviction Proceedings: Prosecutors are involved in the appeals
process, responding to challenges to convictions or sentencing. They must defend the
integrity of the original trial and the validity of the verdict.
9. Protection of Victims and Witnesses: Prosecutors are responsible for safeguarding the
rights and interests of victims and witnesses. They must ensure their safety and provide
necessary support during legal proceedings.
10. Professional Ethics: Prosecutors are held to high ethical standards and must act
impartially, ethically, and in accordance with the law. Their actions should be guided by
principles of justice and fairness.

But also the major role of prosecution’s is to serve as a check on the criminal justice system, ensuring
that justice is served, the rights of all parties are protected, and that the public's interest in a fair and
just legal system is upheld.

(Walz, 1986) The juvenile prosecutor is in charge of overseeing and controlling intricate police
investigations to make sure they are carried out in accordance with the law. All incoming cases are
screened by the prosecutor to determine how they will be handled. At this point, if the juvenile admits
guilt and the diversion does not involve incarceration or being placed away from home, the prosecutor
may enroll the youth in a diversion program. The juvenile prosecutor's charge-making duties include
evaluating the admissible evidence at hand to see if it is enough to support a guilty verdict. Given that a
jury trial is an option for juvenile offenders in many States, the cost of such a trial has led to a rise in the
involvement of prosecutors in plea negotiations.

Prosecutors in every country play an important role in criminal investigations despite the differences in
basic legal principles. Prosecutors can and should play a more influential role during investigation of
offenses in coordination with the Police in order to build legally robust cases and ensure that the rights
of all the parties involved in the process are protected.

And it further elaborated the roles, condition and the key aspect of the prosecution in different
countries and in Pakistan

(Research society of international law) The appointment of Public Prosecutors is outlined in

Section 492 of the Code of Criminal Procedure, 1898. It outlines the power of the Provincial
Government to appoint Public Prosecutors in any local area either for specific cases or generally.
Moreover, Section 18 of the Anti-Terrorism Act, 1997 also specifies that the Government shall
appoint “proficient, diligent and professionally competent Public Prosecutors” in relation to
each Anti-Terrorism Court and may also appoint Additional Prosecutors or Law officers.

Accordingly, in Pakistan, significant legislation has been promulgated particularly at the

provincial level and rules, guidelines and protocols have been developed. These empower
Prosecutors to be more involved with the investigative process through providing legal guidance
to the Police during investigation, handling remand & bail matters and advising/recommending
cases for discharge or Prosecution as the case may be.
Moreover, it is important to highlight the primary legal framework and supporting documents for
the powers, duties, expected conduct, and limitations to the powers of Prosecutors in Pakistan.
There are Acts promulgated for all provinces that regulate the conduct of Prosecutors.

Criminal justice system of Pakistan

Hierarchy of Prosecution Service in Pakistan

Attorney General of Pakistan

Advocate General
Federal Hierarchy

(Zafar Ahmad Farooqi*)TRACES OF CRIMINAL PROCEDURE CODE AND APPLICATION OF CRIMINAL

JUSTICE ADMINISTRATION

In British India, the Governor General h a d a p p o i n t e d t h e “ I n d i a n L a w Commission”

to deal with substantive criminal law and procedure of courts. The Indian Law Commission after
descending and collecting various legislations, came up with the Code of Criminal Procedure,
1898. The Penal Code was prepared in 1837, though it came into operation on 1 st January 1862.
It was a nonpareil monument of the Indian Law Commission. In 1847, the said Commission was
instructed to prepare a Scheme of pleading and procedures with forms of indictment in 1848 in
order with the provisions of Penal Code. Later on, the draft on Criminal Procedure was
examined and revised by the Commission, and was adopted in 1854, which repealed the earlier
Act XXV of 1854 and the Amended Act VIII of 1869 and gave birth to Criminal Procedure Code of
1872 (Act X of 1872). Like its predecessor, this Code did not apply to certain courts and,
therefore, was defective. The Presidency Magistrates Act IV of 1877) was enacted to regulate
the procedure of courts of magistrates in the Presidency-town. Several provisions of these
three Acts—X of 1872, X of 1875 and IV of 1877 were similar though not coached in the same
language. So it was thought advisable to consolidate the three Acts into one single Code of
Criminal Procedure for the whole of British India, and Act X of 1882 was, therefore, passed
repealing the earlier said three Acts. The Code of Criminal Procedure, 1882 remained in force
for sixteen years and after its repeal, it was r e p l a c e d b y t h e C o d e o f C r i m i n a l
Procedure, 1898. In British India, the Indian Penal Code (XLV of 1860), the Code of Criminal
Procedure 1898 and the Evidence Act 1872 (Act 1 of 1872) were in force for prevention of
offences. When Pakistan came into being in 1947, their nomenclature were changed as the
Pakistan Penal Code (XLV of 1860), the Code of Criminal Procedure, 1898 (V of 1898) and the
Evident Act, 1872 (1 of 1872) to deal with the offenders.
2. The substantive criminal law relating to Pakistan is contained in the Pakistan Penal Code,
which defines offences and provides for punishment. Whilst the Code of Criminal Procedure
1898 has been framed to supplement the Penal Code by rules of procedures for preventing
offences and bringing offenders to justice. The two hand in hand form the basis for criminal law
in Pakistan
In 1979, certain Islamic laws were introduced which enforced certain Islamic law i.e., (by
repealing certain laws contained in the Pakistan Penal code) (1) T h e O f f e n c e s A g a i n s t P
r o p e r t y (Enforcement of Hudood) Ordinance, 1979;2) The Offences of Zina (Enforcement of
Hudood) Ordinance, 1979 (3); The Offencesof Qazi (Enforcement of Hadd) Ordinance,1979; and
(4) The Prohibition (Enforcement of Hadd) Order, 1979, which now deals with the offences of
theft, dacoity, robbery, fornication/whoredom, slandering, false transporting/manufacturing of
illegal intoxicants, etc. Likewise, the Evidence Act 1872 (Act 1 of 1872) was repealed and
replaced with the Oanun-e-Shahadat Order, 1984, which basically is the same but more in
conformity with Islamic laws. One example is in Chapter XVI of the Pakistan Penal Code relating
to the offences affecting the human body. Thiswas replaced with the Qisas and Diyat Ordinance
1990 by virtue of which now the heirs of the deceased or the aggrieved can seek justice through
payments as affirm of settlement. Cases involving the death penalty and transportation of life
are taken cognizance by the Courts of Sessions as Hudood Courts at the district superior level,
while the cases involving punishment u p t o s e v e n y e a r s a r e w i t h i n t h e competency
of Judicial Magistrates.

Relationship between Police and Prosecution

Prosecutors are not empowered with legal authority to direct the police to carry out or avoid
certain investigative practices. The police may seek the legal advice of a prosecutor. The
interaction between police and the prosecutor makes cooperation necessary. The Prosecutor
General is authorized by section 10 of the Punjab Act to issue general guidelines to the
prosecutors and investigating officers for effective and efficient prosecution.

Inspection of First Information Report (FIR)

The role of Prosecutors in coordination with the Police begins immediately after the registration
of the First Information Report (“FIR”) filed under Section 154 of the Code of Criminal
Procedure, 1898. The Police Officer is required to send a copy of the FIR to the District Public
Prosecutor, who then inspects the same and issues necessary directions to the Head of
Investigation

Role of Prosecutor during Investigation

Under Section 5 (d) of the Act, a Public Prosecutor has the power to issue general guidelines to the
Police regarding investigation necessary for an effective Prosecution. Additionally, the Investigation
Officer (IO) may hold consultations with the duty Prosecutor in all cases at the initial stages of an
investigation; however, all evidential material collected by the Investigation Officer (IO) must be
mandatorily provided to the Prosecutor along with the Police file when seeking advice from the
Prosecution Office.
Arrest and Remand

Case Diaries

Bail

The criminal justice system of Pakistan or international justice system are like
somethings that are needed to be at equal because internationally every country is
being monitored for their jurisdiction and their law their approach to human rights and
about the major cases that not exceed of surpass the rights of anyone

Pakistan plays the major role in 2015 to 2022 to their judicial criminal courts both
internationally like one of the biggest case was the SPY Kulbushan Yadav that he
was sentenced to death for the criminal and involvement in killing and terrorist
activities in Pakistan so do the ICOJ international court of justice took over and gave
Pakistan direction to give the person the Prosecution rights so he can present and
defend before the death sentence as Pakistan and India have agreed to COUNCELR
AVAILABILITY

That about their agreement

(Khalid Zafar)Kalbhushan Jadhav was a spy caught in Pakistan and convicted by

Pakistan Military Courts. The case was brought to International Court of Justice in
which the execution of Jadhav was stayed and Pakistan was required to provide, by
the means of its own choosing, effective review and reconsideration of the conviction
and sentence to Mr. Jadhav.

Article 36 of the Vienna Convention expressly regulates the question of consular

access to, and communication with, nationals of the sending State and makes no
exception with regard to cases of espionage. Since India and Pakistan have been
parties to the Vienna Convention since 1977 and 1969 respectively therefore, while
Interpreting Article 36, paragraph 1 (b) (the “Article”), in accordance with the
ordinary meaning of the terms used, the Court notes that there is an inherent
connection between the obligation of the receiving State to inform a detained person
of his rights under the Article. And his ability to request that the consular post of the
sending State be informed of his detention. Unless the receiving state has fulfilled its
obligation to inform a detained person of his rights under the Article, he may not be
aware of his rights and consequently may not be in a position to make a request that
the competent authorities of the receiving State inform the sending State’s consular
post of his arrest.
(Tariq, 2020)The legislature, the enforcement agencies, the courts, and the
correctional services make up a nation's criminal justice system. Its primary goals are
to protect the lives and property of citizens and to maintain order in society. There are
three main stages to it: a police investigation, a court trial, and an execution by jail
officials. Three things support it: the investigation, the prosecution, and the trial.

Numerous goals and objectives are part of the criminal justice system. Its main
objectives include upholding the criminal code, safeguarding the public by preventing
and deterring crime, providing victims with advice, and, finally, ensuring that the law
is applied effectively and fairly, ensuring the proper treatment of suspects, defendants,
and those who are in custody. Above all, the criminal justice system's main goal is to
ensure that the guilty are brought to justice and that the innocent are punished,
upholding the fundamental tenet of criminal law that no crime should go unpunished
and no innocent person should be imprisoned. We can safely say that the police, the
prosecution, and the courts make up the system's three main parts.

PILLARS

The entire criminal justice system in Pakistan is aimed at the judicial dispensation of criminal
justice. It stands on three pillars:

i. The investigation,
ii. prosecution and
iii. trial.

ADVERSARIAL SYSTEM

The Courts in Pakistan work under. Under this system, the job of the Courts is
only to decide whether the person accused of an offence is guilty or not

In adversarial proceedings, the parties play a dominant role. The onus of

preparations of the proceedings is on the parties, and, the judge plays a passive role
and functions like an umpire. As stated above, there are three main components of
the criminal justice system are;

i. Police
ii. Prosecution
iii. Courts

i. Police
- spot inspection,
- ascertain facts and circumstances touching the offence under investigation,
- collect evidence and spot inspection,
- ascertain facts and circumstances touching the offence under investigation,
- collect evidence and

Prosecution have to provide thoroughly scrutinize challans in connection with the

arrest of the offenders,
- present the prosecution case in the Court,
- contest the claims of defence and ensure the observance of the provisions of
law,
- guide the Investigation Officer to remove lacunas left, if any, during an
investigation.

Court

The criminal court is the core of the criminal justice system. It preserves the “due
process of law" throughout the arrest-to-release procedures in criminal justice. The
job of the Court is to;

- initiate proceedings after a charge have been drawn up,

- give full information to the accused as to the offence he is charged with,
- convict the accused if his guilt is proven and acquit him if any reasonable doubt
is created.3

But in Pakistan it may be very different because justice is very compromised

because the courts are not working as per law and following the wrong orders from
others because in Pakistan high power have their own rules and law

Like criminal justice also depends on the person like kulbhusan was a spy and
involved in many attacks so the courts gave relief to that person but the criminals
like the abhinandan was given al the things and justice so called but he was a
criminal

On other hand the Imran khan the famous cricikter of all time and the EX Prime
minister of Pakistan is accused with false charge of terrorism so called or justice
system is compromised
ADMINISTRATION OF CRIMINAL JUSTICE

There are many cardinal principles of the administration of criminal justice have
been laid down by the higher courts through their judgements pronounced from
time to time for the guidance of the subordinate courts. Few of them are given
below:

1. “Prosecution has to succeed on its own merits. It has to prove case against
the accused beyond reasonable doubt if any dent is created by the defence, it
is to be resolved in favour of accused.”6
2. “It is cardinal rule of criminal law that an accused is presumed to be
innocent until the prosecution proves its case against him beyond the
shadow of a reasonable doubt. If prosecution fails in its duty, which never
shifts to defence, accused is entitled to benefit of doubt.”7
3. “Accused has no vested right to be tried by a particular Court. If bare
reading of allegations levelled against him, prima facie make out a case to be
tried by a Special Court to which it is sought to be transferred, then no
exception can be taken to it. Any other interpretation would lead to an
anomalous situation and would result in parallel proceedings.”8
4. “While deciding a criminal matter it is the quality and not quantity of the
evidence which matters.”9
5. “Each criminal case would stand on its own footing. Facts and
circumstances in one case could not be quite similar or on all fours towards
the other

So in Imran khan case justice is being delayed

JUSTICE DELAYED IS JUSTICE DENIED

REFRENCE :

Fatima tariq “ Criminal justice system of Pakistan” 2020 Munich published by GRIN VERLAG

M K WALZ “ Roles of Prosecutors “ 1986

Article ‘Roles of Prsecution “ By Research society of international law”

Zafar Ahmad Farooqi* 257* Deputy Director Economic Crime Wing, Islamabad,Federal Investigation
Agency, Pakistan. THE ROLE AND FUNCTION OF PROSECUTIONIN CRIMINAL JUSTICE

Justice (R) Dr. Munir Ahmad Mughal

Punjab University Law College; Superior Law College

Date Written: September 10, 2014