THE ROLE OF PROSECUTION IN IMPROVING JUSTICE DELIVERY: A CASE STUDY OF PAKISTAN’S CRIMINAL JUSTICE SYSTEM

Abstract

The criminal justice system plays a crucial role in upholding social order and harmony, encompassing the characterization of offenses, the protocols for addressing crime and criminals, the appropriate punishments for offenders, and the safeguarding of victims within a society. In contemporary society, this system comprises three key institutions: the police, the prosecution, and the judiciary. Regrettably, in Pakistan, the criminal justice system has been severely impacted by flaws, exhibiting numerous idiosyncrasies and vulnerabilities. In the Haider Ali Case (2015 SCMR 1724), the Supreme Court of Pakistan pointed out that approximately 65% of cases are resolved without any convictions. Even if convictions secured in trial courts, offenders are often released during the appeal process, primarily due to inadequate investigations and a lack of admissible evidence. However, it is important to acknowledge another crucial component of the criminal justice system, namely the prosecution, which has been identified as weak and ineffective in administering justice, particularly in Pakistan. Through qualitative data collection from the relevant population, the study's findings suggest that prosecutors in Pakistan perceive themselves as vulnerable, caught between two powerful institutions: the police and the judiciary. The lack of collaboration between two entities, namely the police and the prosecution, has led to significant rifts within the criminal justice system and consequently resulted in a remarkably low conviction rate. Furthermore, in Pakistan, the prosecution office is not permitted to intervene or provide assistance to the investigating agencies during the investigation process or in the preparation of charge sheets or final reports. This study proposes that prosecutors should be involved during crime investigations to guide the investigating officers in addressing any legal gaps, ensuring that the strongest evidence is presented in court. Additionally, it is suggested that the government shall establish a legal division within the police department to offer guidance to the investigating officers in the preparation of charge sheets, which appears to be a promising solution.