Prosecutors...
2014-11-14
LAHORE: District and special court public prosecutors have been asked to scrutinise police reports to detect whether they are trial-worthy or not, and whether police fulfilled requirements to get an accused convicted in a strong case.
`The instructions have been issued to separate the grain from the chaff to save the courts from the huge burden ofcasesnothtfor trial,` said a government officialon Thursday.
`The courts spend time on trying such cases, and people involved in them undergo unnecessary hardship to face them. These are also meant to prevent exoneration of real culprits because of poor cases which police malce intentionally or due to the lack of expertise.
The instructions have been made by the Punjab prosecutor general, reminding his junior colleagues to follow section 9 (7) of the Punjab Criminal Prosecution Service Act of 2006, and submit to the court theresult of their scrutiny in writing.
They have been asked to ensure the implementation of the law and compulsorily submit scrutiny reports to the courts.
The nature of the cases include the ones where police forward a report to stand trial (indict) and a prosecutor does not find sufficient evidence against all or any of the accused and there is no realistic prospect of conviction in the court of law.
Such cases also include in which police submit a report of cancella-tion of a case but the prosecutor Ends sufñcient evidence on record for a prospect of conviction of an accused in the court.
All cases worth trial by special, sessions or magisterial courts, the ones which are publicly sensitive and can stir public reaction are also included in the category.
The prosecutors have been directed to conclude in writing, at the end of the result of the scrutiny, that the prosecution case is fit for trial against all or any of the accused for specified charges and the courts shall issue process for commencement of the trial, or if it is not fit for trial against all or any of the accused, not to issue the process.
Before writing the result of the scrutiny, the persecutors must take action: if the police report to stand trial is based on defective investigation; if investigation is conducted in violation of law or the instructions issued by the prosecu-tor general, or investigation is incomplete in the time provided under the law without reasonable cause.
In case of police reports indicating delayed forensic or medical report, the prosecutors must take appropriate steps to ensure their timely delivery. They should formulate an opinion regarding the selection of charges. In case of any difference with police findings, the prosecutors should inform them to get the flaws removed, and proceed against the nonobliging investigation officers.