107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

THE ROLE AND FUNCTION OF PROSECUTION
IN CRIMINAL JUSTICE
Zafar Ahmad Farooqi*
I. TRACES OF CRIMINALPROCEDURE CODE AND
APPLICATION OF CRIMINALJUSTICE ADMINISTRATIONIn British India, the Governor General
had appointed the “Indian Law
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 1st
January 1862. It was a nonpareilmonument of the Indian Law Commission.
In 1847, the said Commission was
instructed to prepare a Scheme of pleadingand procedures with forms of indictment
in 1848 in order with the provisions ofPenal Code. Later on, the draft on
Criminal Procedure was examined andrevised 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adopted in 1854, which repealed the earlier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, wasdefective. The Presidency Magistrates Act(IV of 1877) was enacted to regulate theprocedure of courts of magistrates in the
Presidency-town. Several provisions ofthese three Acts—X of 1872, X of 1875 andIV of 1877 were similar though not coachedin the same language. So it was thought
advisable to consolidate the three Acts into
one single Code of Criminal Procedure for* Deputy Director Economic Crime Wing, Islamabad,Federal Investigation Agency, Pakistan.

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 forsixteen years and after its repeal, it was
replaced by the Code of Criminal
Procedure, 1898. In British India, theIndian Penal Code (XLV of 1860), the Codeof Criminal Procedure 1898 and the
Evidence Act 1872 (Act 1 of 1872) were inforce for prevention of offences. When
Pakistan came into being in 1947, theirnomenclature were changed as the
Pakistan Penal Code (XLV of 1860), theCode of Criminal Procedure, 1898 (V of1898) 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 andprovides for punishment. Whilst the Codeof Criminal Procedure 1898 has been
framed to supplement the Penal Code byrules of procedures for preventing offences
and bringing offenders to justice. The two
hand in hand form the basis for criminal
law in Pakistan.
3. In 1979, certain Islamic laws wereintroduced which enforced certain Islamic
law i.e., (by repealing certain laws
contained in the Pakistan Penal code) (1)
The Offences Against Property(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 (Enforcementof Hadd) Order, 1979, which now deals withthe offences of theft, dacoity, robbery,

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RESOURCE MATERIAL SERIES No. 53
fornication/whoredom, slandering, false
accusations, importing/exporting/transporting/manufacturing of illegal
intoxicants, etc. Likewise, the Evidence Act
1872 (Act 1 of 1872) was repealed andreplaced with the Oanun-e-Shahadat
Order, 1984, which basically is the samebut more in conformity with Islamic laws.
One example is in Chapter XVI of the
Pakistan Penal Code relating to theoffences affecting the human body. Thiswas replaced with the Qisas and Diyat
Ordinance 1990 by virtue of which now theheirs of the deceased or the aggrieved canseek 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
up to seven years are within thecompetency of Judicial Magistrates.
II. SEPARATION OF
PROSECUTION AGENCY FROMPOLICE
4. It is pertinent to point out here that foradministering the criminal administrationof justice and a step for maintenance of the
judiciary, independent of the executive in
toto, the then President of Pakistan in
February, 1985, through a phased
programme, directed the amalgamation ofboth the aforesaid prosecution agencies,
one concerning the provincial police and theother concerning the provincial law
department, into one by separating the
Police Prosecution Agency from the Police.
The posts of Prosecuting Deputy
Superintendents (PDSP), Prosecuting
Inspectors (PIs) and Prosecuting SubInspectors (PSIs) of Police were abolished.
The PDSPs, who opted for Provincial Law
Department, were re-designated as Deputy
District Attorneys and both the PIs and
PSIs, who too opted as such, were made as
Assistant District Attorneys. The

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Prosecuting Officers of Police PDSPs, PIs
and PSIs, who wished to remain in the
Police Department, not only ceased to beprosecutors, but their nomenclature wasalso changed to Inspectors (Legal). Hencethey could not conduct prosecution of
criminal cases on behalf of the State either
in the Sessions Courts or Magistrates’
Courts.
5. The entire prosecution (i.e., of theDistrict inferior level confirming present
level) rested with the District Attorneys,
who headed the District Prosecution
Agencies, and were purely the
representatives of the Provincial
Governments but not the Provincial Police.
Prosecution of criminal cases in the Courtsof Session is still conducted by the District
and Deputy District Attorneys, and theprosecution in Magistrates’ Courts,
inclusive of Judicial Magistrates, wasconducted by the Assistant District
Attorney (Previously Prosecuting
Inspectors and Prosecuting Sub-Inspectorsof Police). It may be recalled that prior to
February 1985, Rules 27.1 to 27.39,
Chapter XXVII of the Police Rules 1934,
dealt with prosecution and court duties
including the role of the investigation
officers and the prosecuting staff. As per
Rule 27.4, Chapter XXVII of the said Rules,
all the police officers, viz., allSuperintendents, and Assistant and
Deputy Superintendents of Police are, withreference to sections 270 and 492 of theCode of Criminal Procedure, ex-officio,
public prosecutors in respect of all cases
committed from their respective duties fortrial before the Sessions Courts. As per
Rule 27.4(2) of the said Rules, Prosecuting
Inspectors and Prosecuting Sub-Inspectorsof Police (redesignated as Inspectors Legalin 1985 under the Police and AssistantDistrict Attorneys under the Law
Department) were appointed. Additional
public prosecutors to conduct trial of casesin the Magistrates’ Courts including

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
magistrates having powers under section
30 of the Code of Criminal Procedure(Judicial), were also appointed.
III. DUTIES OF PROSECUTORS
6. Rule 27.15 of the Police Rules provides
the following duties for the head ofprosecuting agency (had been suitably
amended and incorporated in the Law
Department Manual):(1) Thoroughly to scrutinise challans andintermediate reference andapplications from police stations inconnection with the prosecution ofcases, the arrest of offenders, theconfiscation of bail or security cases
including security for keeping thepeace (vide Rule 23.32), should
receive as much attention from the
district prosecuting staff as ispracticable.
(2) To prosecute, watch or direct theprosecution of cases in the courts ofthe district. In this connection, it
must be realized that his duty
embraces not only the presentationof the prosecution case but contesting
the claims of the defence andensuring the observance of conditions
and restrictions imposed by the law
on the discretion of courts to passorders in certain circumstances, andthe observance of all High Court
orders issued with the object ofexpediting decisions and preventing
abuses.
(3) To supervise and distribute the workof prosecuting officers subordinate tohim and of the police personnel
attached to his office or to the courts.
(4) To take charge of, and deal with,articles and property received inconnection with cases, as well as of
unclaimed and suspicious property
received from police stations fororders of magistrates.

(5) To supervise the transmission of
warrants and summonses to the
executive police under the orders of
the criminal courts, and to see that
returns to such processes are madewithout delay.
(6) To keep the District Magistrate andthe Superintendent of Police
informed of all important matters inconnection with criminal cases undertrial, to bring to notice cases
requiring to be specially reported tohim, and to submit a daily diary inForm 27.15 (vi) of the Police Rules
showing cases sent for trial,convicted, discharged and pending incourt on that particular day. The
instructions of the High Court as tothe duties of the prosecuting agency
towards the District Magistrate arecontained in Appendix 27.15 (vi).
(7) To see that the instructions inconnection with the diet money andtravelling expenses of witnesses are
duly observed.
IV. EFFECTS OF SEPARATION OF
PROSECUTION AGENCY FROM
THE POLICE
7. By dint of the separation of the Police
Prosecuting Agency (comprising PDSP, PIs
and PSIs) and their amalgamation into theDistrict Prosecuting Agency headed byDistrict Attorneys, the Provincial Police
had suffered a severe set-back, whichfurther resulted in increasing the abnormal
acquittal rate and the worst law-and-ordersituation. Thus, the Provincial Police
departments had requested the Federal
Government to withdraw the earlier orderand repatriate the police prosecutors (PIsand PSIs) to conduct prosecution in the
Magistrates’ Courts, so that a maximum
number of convictions could be secured.
The reason being that by virtue of theseparation of Police Prosecuting Agencies
and their replacement under the Provincial

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RESOURCE MATERIAL SERIES No. 53
Law Departments, the conviction rate was
reduced and the acquittal rate increased(See Appendixes A-1 to C-2 regarding a,statement of crime by the Sindh Police).
As a result, the crime became unbridled
and could not be controlled in its true
perspective. Again, under the orders of theFederal Government, the prosecuting
officers (PIs and PSIs) who had worked
under the District Attorneys as ADAs, wereregistered to the Police Department to
conduct prosecution of criminal cases in the
Magistrates’ Courts with their redesignation as Inspectors/Legal. This
experiment has again ended in fiasco.
Another move is in progress to again place
the remaining prosecuting officers (PIS and
PSIs) under the Provincial Law
Departments. Because, as stated earlier,
the District Attorneys have now been
empowered to send up cases to the courtsof competent jurisdiction under section 173of the Code of Criminal Procedure, 1898.
V. ROLE OF PROSECUTION
DURING INVESTIGATION, TRIALSAND APPEALS
8. Prosecution plays an important role in
the administration of criminal justice.
Without successful prosecution, the desired
objects cannot be yielded. The role ofprosecutors not only commences soon after
registration of a case, but it also lasts up
to the final verdicts delivered by thecriminal court. The First Information
Report (F.I.R.), is the important documentthat sets the whole machinery of law into
motion. If it is founded on feeble footing, it
goes on to disturb the administration of
criminal justice, as it becomes a Herculean
task for the prosecutors to inject into a deadhorse. So while drafting an F.I.R, its prerequisites ought to have been incorporated
strictly in accordance with Code of
Criminal Procedure. The prosecution isrequired to be equipped with the latest
decisions of the superior courts for proper

260

legal guidance to the investigating officer,
who mostly banks upon the stereotype
mechanism and blinks towards the latest
guidelines given by the higher judicial
forums. While the prosecutor renders
valuable advice to the investigating officer
during the course of investigation, he also
removes the serious legal lacunas,
whereafter the case becomes the best one
possible to be presented in the court ofcompetent jurisdiction. After submissionof the challan, the role of the prosecutor isvery pivotal because he has to finalize thetrial after the prosecution witnesses are
examined and cross-examined by the
defence counsel and after he has crossexamined the defence witnesses adducedby the accused.
9. Sections 492 to 495 of the Code of
Criminal Procedure, 1898 deal with the
Public Prosecutors. Section 492 provides
powers to appoint Public Prosecutors, andsection 493 provides that the Public
Prosecutor may plead in all courts in cases
under his charge and pleaders privately
instructed to be under his direction.
Likewise, Chapter-29, Part-A of the High
Courts Rules and Orders Criminal revised
up to July 1996 to deal with theappointment of public prosecutors andtheir court duties, as envisaged in Chapter
XXXIX of the Code of Criminal Procedure,referred to above. It is a recognizedprocedure in the administration of criminal
justice that the courts take cognizance ofthe offences as incorporated in the police
challan, i.e., report under section 173 of theCode of Criminal Procedure and theinculpatory evidence (both oral anddocumentary) marshalled by theinvestigating agency. If the case is imbued
with the best piece of incriminating
evidence directly linking the culprits withthe commission of offences with which heis charged, the prosecutor can well present
the State case and promote the cause ofprosecution by bringing the offenders to107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
book. Whilst in case of technically defective
cases, the prosecutor and the court
conducting inquiry or trial cannot extract
punishment. The fact may not be lost sightof that although the prosecuting officers,viz., District, Deputy and Assistant District
Attorneys (under the Provincial Law
Departments), Deputy Superintendents of
Police/Legal and Inspectors/Legal (under
the Provincial Police), play a very pivotal
role in the administration of criminal
justice. Yet it is all the more astounding tonote that they are not sent for special
courses, training (not qualified lawyers,
counsels or limited legal training etc.) as
the officers of other departments are given
the privilege of. Prosecutors ought to begiven the chance to participate in all
courses relating to crime, which are either
conducted in Pakistan or abroad, so thatthey may get themselves out of thequagmire of deprivation and take keeninterest whole-heartedly.
VI. SEPARATION OF JUDICIARYFROM EXECUTIVE
10. Ever since Pakistan came into being
in 1947, the judiciary in Pakistan was notindependent of the executive in the real
sense of the term as envisaged in theConstitution of the Islamic Republic ofPakistan. It so lingered on, only one way
or the other, that the executive blamed the
judiciary for the increasing acquittal rate;
whereas the judiciary blamed the executive
creating a law-and-order situation andespecially the failure of the administrationof criminal justice, which the judiciary
could administer better than the executive.
Be that as it may, in 1996 the Chief Justiceof Pakistan, had directed the Federationof Pakistan and thus implemented thelong-drawn decision of separating the
judiciary from the executive in accordancewith the vires of the Constitution of Islamic
Republic of Pakistan 1973. Hence, thej u d i c i a r y, a n o r g a n o f p a r a m o u n tsignificance which plays a pivotal role in

the administration of criminal justice, has
now become quite independent of theexecutive. Results of this separation havemade substantial differences. Now the
Executive Magistrates have been placed
under the administrative control of District
Magistrate and the Judicial Magistrateunder the exclusive administration of theDistrict and Sessions Judge. The offences
falling under Chapters VIII, X, XIII and
XIV of the Pakistan Penal Code (Act XLVof 1860) shall be tried by the Executive
Magistrates, which consist of Magistratesof the First, Second and Third Class. The
Executive Magistrates are now empowered
to try cases in which only 3 years’
punishment can be awarded. On the other
hand, the Judicial Magistrates, who areunder the District and Sessions Judge, are
now Illaqa Magistrates and try thecriminal cases in which 7 years’
punishment can be awarded. The Sessions
Judge, who is subordinate to the High
Court, can award the death penalty. In
Hadood cases, the Sessions Court tries theoffences as the District Shariat Court andcan award life imprisonment and 40 stripes,
besides imposing “Hadd” penalty, i.e.,
amputation of limb, stoning to death, etc.
VII. PRINCIPLES OFPROSECUTION
11. For successful prosecution, prosecutors
ought to consider the following principles
enumerated hereunder:(1) Whether the provisions of the Codeof Criminal Procedure have been
violated. Is so, how to get thenecessary rectifications?
(2) If the F.I.R contains technical flaws,
how is the case put on straight lines
during investigation and trial,
whatever the case may be?
(3) Whether the investigation officer
conducted investigation properly as
per the law. If not, how can the casebe improved?

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RESOURCE MATERIAL SERIES No. 53(4) Is the oral, documentary andcircumstantial evidence in order withthe criteria laid down by the Qanune-Shahadat Order, 1984 (Revisions
the repealed Evidence Act, 1872)?
(5) Whether all facts reflected in the
F.I.R are commensurate with thechallan, i.e., Report under section 173of the Cr.P.C.? If not, how to plug theloopholes?
(6) Whether the challan has been
submitted in court within theprescribed period as laid down insection 173 of the Code of Criminal
Procedure?
(7) Whether the accused’s defence isplausible. If so, how to get him
discharged or acquitted by the court?
12. As regards the role of prosecutors in
the Provincial High Courts, the Agency of
Law Officers consists of the Advocate
General, Additional Advocates General andAssistant Advocate General. The
Provincial Advocate General heads theAddl: A.G. and A.A.G. They represent theState/Provincial Government not only incriminal matters, but also in civil matterswhere the interest of the Provincial
Government is involved, in the High
Courts. The Federation of Pakistan isrepresented by the Central Law Officers,
appointed by the President of Pakistan
under the Central Law Officers Ordinance,
1970, who are designated as Attorney
General, Additional Attorneys, or Deputy
Attorneys General Standing Counsel.
Besides the Provincial High Courts, theAttorney General, Deputy Attorneys
Generals and the Standing Counsel
represent the Federal of Pakistan in theApex Court, i.e., the Supreme Court ofPakistan not only in criminal matters, butalso in civil matters involving the interestof the federal government.
13. The above facts would denote that theprosecutors from the district inferior262

criminal courts up to the Supreme Courtof Pakistan play a pivotal role in theadministration of criminal justice. The
prosecutors/law officers representing theState in the High Courts and the Supreme
Court of Pakistan are well-paid and also
elevated to the High Courts as judges.
However, as for the prosecutors/law officers
representing the State in the Sessions
Courts and Magistrates’ Courts, they areneither well-paid, nor made judges in thesubordinate judiciary. As a result, they
having fallen prey to deprivation anddisappointment and most shun to takekeen interest in administering justice. If
given a chance to become a judge in thesubordinate judiciary, they would definitely
represent the State tooth-and-nail and also
help expedite the quick dispensation ofjustice in the administration of criminal
justice.
14. In regards to the role and duties ofprosecuting officers or public prosecutors
as to the investigation of cases relating to
the District superior and District inferior
criminal courts in the administration of
criminal justice, they not only impart legal
guidance to the investigating officer during
investigation up to the submission of thechallans for promoting the cause ofprosecution, but they also represent theState in courts during bail petitions andthe trials of offenders.
15. The role of law officers attached with
the High Courts (Advocate General, Add.
Advocate General and Assistant Advocate
General) and the ones attached with theSupreme Court (Attorney General, Add./
Deputy Attorney General and StandingCounsel) is quite different from the publicprosecutors, as discussed in the above para.
They present the cases alreadyinvestigated by the provincial level andFederal Investigation Agency at the federal
level respectively.

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
16. Sometimes, the Law and JusticeDivision of the Government of Pakistan
appoints/nominates Special Public
Prosecutors from amongst some eminent
lawyers to conduct the trial of criminalcases which involve public importance andheinousness of crimes. These Special
Public Prosecutors represent the State incases investigated by the investigation
agency under the legal guidance of publicprosecutors.
VIII. STRUCTURE OF THE COURTS
17. The Supreme Court of Pakistan isheaded by the Chief Justice (also known
as the Chief Justice of Pakistan) andconsists of twelve judges; whereas the
sanctioned strength of the judges of theapex court is fourteen. Of the twelve
Judges, two deal with the appeals
pertaining to the Federal Shariat Court(Supreme Court Appellate Jurisdiction).
The State is represented by the Attorney
General, Deputy Attorneys General andthe Standing Counsel in both in criminaland civil matters, involving the interest ofFederal Government of Pakistan.
18. Besides, there are Provincial High
Courts set up at the Punjab, Sindh,
Baluchistan and NWFP Provinces. The
Punjab Court is called as the Lahore High
Court with its benches at Rawalpindi,
Multan and Bahawalpur. The Provincial
seat is at Lahore. The State is represented
by the Advocate General, as well as
Additional and Assistant Advocates
General. Likewise in the other provincial
High Courts and Karachi (Sindh) andP e s h a w a r ( N . W. F. P ) , t h e S t a t e i s
represented by the Advocate General, as
well as Additional and Assistant Advocates
General both in criminal/civil matters,
involving the interest of the provinces.
19. Besides the High Courts, there are twoclasses of criminal courts, i.e., the District

superior criminal (which include theSessions Courts as enshrined in section 6)
and the District inferior criminal courts,
which include the Magistrates’ Courts (asprovided by section 6). The prosecution
agencies run parallel to conduct theprosecution of criminal case in the district
superior and district inferior criminal
courts. At the district superior level,
prosecution is conducted by the District,
Deputy and Assistant District Attorneys,
who are under the Provincial Law
Departments and are the representativesof the provincial government. The
prosecution of Magistrates’ Courts is
conducted by the Inspectors/Legal(previously Prosecuting Inspectors andProsecuting Sub-Inspectors), who areunder the Provincial Police. Section 173of the Code of Criminal Procedure 1989 has
now been amended and the District
Attorneys, who conduct prosecution in the
Session Courts, have been empowered tosend up challans to criminals courts,
whereas prior to February 1985 in termsof Rule 27.15 of the Police Rules, 1934, it
was the job of the head of Police
Prosecuting agency whether he be of therank of Deputy Superintendent of Police
or Inspector. However, the post was
abolished and redesignated as Deputy
Superintent of Police/Legal w.e.f. February,
1985. As regards civil matters relating to
the Provincial governments, the same areconducted by the District, Deputy andAssistant District Attorneys in the civil
court, which include the Courts of Civil
Judge and District Session Judges.
IX. INVESTIGATION
20. Chapter XXV of the Police Rules 1934
and Chapter XIV of the Criminal Procedure
Code deal with the investigation procedure,
powers, arrest and submission of a report
before the court by the investigating officer.
The police is basically responsible for theinvestigation of criminal cases. In

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RESOURCE MATERIAL SERIES No. 53
Pakistan, the maintenance of law and orderis the basic responsibility of the provincial
governments, and the police is under theprovincial government. The Head of thepolice in a province is the Inspector Generalof Police, and the police work is divided into
Ranges and Districts. A district is further
divided into police stations, and is where
the investigation of criminal cases are
conducted. The incharge of the police
station is known as the Station House
Officer, with whom some investigating
officers are posted in different ranks. The
supervision of investigation is being
conducted by a sub-divisional police officer
and by the district incharge of police, who
is known as the Superintendent of Police.
21. The officer in charge of a Police Station
is empowered by section 156 of the
Criminal Procedure Code to investigate
any offence which occurs within the limitof his jurisdiction. He is also empowered
to depute his subordinate officers toinvestigate cases as well as to takemeasures for the discovery and arrest ofoffenders. He is empowered under section
156(1) of the Criminal Procedure Code.
22. When the police receives any
information regarding a cognizable offence,the police is bound to register an
information report under section 54 of the
Cr.P.C. When an F.I.R. is registered, themachinery of law is set into motion. The
police is bound to complete investigation
without unnecessary delay and as soon as
it is completed, a report under section 173of the Cr.P.C., thereof, has to be submitted
to the court of competent jurisdiction. The
powers and privileges for investigation are
derived from sections 154 to 175 of the
Criminal Procedure Code. These sections
deal with the powers to investigate andarrest an accused, search and seize
property involved in crime, and finally thesubmission of a challan under section 173of the Cr.P.C. The investigating officer is

264

supposed to issue day-to-day case diary
about the investigation and incorporate all
action taken in respect of investigation
under section 172 of the Cr.P.C. It is theduty of an investigating officer to find out
the truth of the matter under investigation.
23. During investigation, the investigating
officer tries his best to collect evidence, i.e.,
direct, oral, documentary andcircumstantial evidence which could
directly link the accused with thecommission of the charge, which hecommitted. The investigating officer shallalso take assistance from the technicalexperts for their expert evidence in fingerprints, hand writing, chemicals, explosives
and medicine under Article 59 of the
Qanoon-e-Shahadat 1984 (previously
section 45 of the Evidence Act, 1972). The
opinion of experts/third persons are
relevant under Articles 59 to 65 of Qanoone-Shahadat 1984. Also the investigating
officer can produce modern devices ortechnology (which include audio-video, etc.)
under Article 164 of Qanoon-e-Shahadat
1984.
24. In 1974, at the federal-level, an agency
known as the Federal Investigation Agency,
came into existence for the investigationof matters related to bribery; corruption of
the federal government and private sector
corporations; the detection of such offencesbank fraud, currency racketeering,violation of the Passport Act and the
Immigration Ordinance; and the crime of
economic evasion.
25. In order to prosecute public orgovernment servants, two agencies were
set up, viz., the Federal Investigation
Agency (FIA) and the Anti-Corruption
Establishment (ACE). The FIA wasconstituted in 1974 under the FIA Act, 1974
(VIII of 1975) for the investigation ofcertain offences committed in connection
with matters concerning the federal

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
government and for matters connected
therewith. The ACE, at the provincial level,
deals with matters pertaining to provincial
subjects. As many as 37 local and special
laws and 131 sections of the Pakistan Penal
Code are on the schedule of the FIA.
Besides dealing with the white collar crime,it also deals with the cases of immigration
and anti-smuggling. As regards theprosecution of cases in FIA, the same isconducted by the legal officers (Inspectors/
Legal, Assistant Directors/Legal and
Deputy Director/Legal) who are also
designated as Special Public Prosecutors
in this regard. While the prosecution in
ACE is conducted by the legal officers(Class-I Gazetted Status) borrowed fromthe provincial police.
X. INDICTMENT AND TRIALPROCEEDINGS
26. When the Police Investigation Agency
submits a challan, i.e., report under section
173 of the Cr.P.C. before the competentcourt, such court conducts an inquiry ortrial under Chapter XV (sections 177 to186) of the Cr.P.C. Further Chapter XIX(sections 221 to 240) of the Cr.P.C. empower
the criminal courts to indict the accused inaccordance with the available inculpatory
evidence.
27. Chapter XIV (sections 177 to 199-B) of
the Cr.P.C. deals with the jurisdiction of
the criminal courts in inquiries and trial.
As regards the examination of witnesses,
Chapter X (Articles 130 to 161) of the
Qanoon-e-Shahadat, 1984 deals with theprocedure regarding the examination-inchief and the cross-examination of
witnesses.
28. After submission of the final report(challan) by the police as per section 173 of
the Cr.P.C., the trial court issues a charge
sheet to the accused according to theoffence which he committed and wasproved during police investigation. The
charge shall contain such particulars as thetime and place of the alleged offence andthe person against whom, as the thing inrespect of which, it was committed, as arereasonably sufficient to give the accused
notice of the matter with which he ischarged. The charge shall also containparticulars of the manner in which thealleged offence was committed.
29. Before trial proceedings start, allstatements recorded by the police as per
section 161 of the Cr.P.C. and confessional
statements under section 164 of the Cr.P.C.
recorded during police investigation areprovided to the accused. If the accused
pleads guilty, the court may punish him,
and if he denies the charges, the court shallstart regular proceedings. During trial, thecourt summons all the prosecution
witnesses and records their statements.
Afterwards the defence of the accusedstarts. The prosecutor and defence counsel
can argue and examine all the evidence.
The prosecutor also examines the accused.
After completion of the proceedings, i.e.,
examination of the witnesses and accused,
when the court feels that all relevant points
are discussed, it will pronounce thejudgement. It can convict or acquit theaccused.
30. During trial, if the police finds
additional evidence which can further
strengthens its prosecution, it can submit
an additional charge report under section
173 of the Cr.P.C. It should be submitted
before the judgement of the case.
XI. PROPOSALS AND
RECOMMENDATIONS
31. No system is perfect in the world as tocriminal justice administration and the roleof prosecution can always be improved:

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RESOURCE MATERIAL SERIES No. 53(1) An independent prosecution service
may be set up, which is
independently funded with qualified
lawyers. The lawyers would be able
to give advice/opinion to the policeand various agencies, as well as
determine whether prosecution cantake place. If they feel there can be
no case, then they should offer an
opinion which may be implemented
by the various agencies.
(2) The agencies would thus serve topromote a sense of impartiality andfairness, and in the event of a casefor prosecution, the lawyers would
represent the agencies.
(3) This service would take a heavy load
off the agencies, leaving them toinvestigate and do their duties
without worrying about completingthe cases.
(4) Private prosecutions should be
encouraged for some offenses suchas shop lifting or common assault.
(5) Individuals and public bodies should
perform their own prosecutions. At
the present moment, cases of the
Nationalized State Bank arereferred to the FIA, which thenprosecutes. However, these bodies
should instruct their own lawyers toprosecute in court.
(6) Once a criminal is convicted, thelegal costs involved should berecovered from the criminal from his
assets, his properties, etc. even his
family.
(7) P l e a b a r g a i n i n g s h o u l d b e
encouraged so as to enable othercrime to be detected.
(8) The media should be used to enablepublic awareness of criminal
activities, and information must be
encouraged from the public-at large.

266(9) The prosecution of cases should not
be detailed in media. Moveover,prosecution lawyers and the judge
should not be mentioned in press
reports.
(10) Taps and video should be admissible
as evidence.
(11) A watch-dog body may also be setup, independently funded andcomprising lawyers, journalists andacademics, who would ensure thatprosecution cases and justice arefollowed.
(12) A special reference to human rights
must be made to ensure thatprosecution is conducted inconformity with international
treaties as to, for example, torture.
(13) A j u r y s y s t e m m a y a l s o b e
introduced, although expensive, toensure a fairer system for justice.
(14) Law officers at the provincial levelshould be able to become court
judges. This would enable law
officers to pursue their careers morezealously.
(15) Modern equipment and resources
should be made available toprosecutors.
(16) Review has to be made of the
Pakistan Penal Code and the
Criminal Code of Procedure. They
are outdated and old.
(17) More prosecution is needed.
(18) General conditions for prosecuters
should be improved, e.g., more salaryand better equipment.

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
APPENDIX A-1
TOTAL CRIME POSITION IN THE COURTSSINDH POLICE
YEAR
85
86
87
88
89
90
STATUS
No. of pending previous years 74044 78384 81938 92310 103275 112615
No. of cases reported
48125 51267 49257 48648 58736 53995
Total cases for investigation 122169 129652 136197 140978 162011 166610
Send up to court
39634 40750 41877 34520 47449 41460
Conviction
25025 26028 23795 16705 25123 16046
%
63.14
63.87
56.82
48.38
52.94
38.70
Acquitted
8731
8384
9357
9339 10865 14315
%
22.02
20.57
22.34
27.05
22.89
34.52
Pending court
5878
6338
8725
8485
11361
11099
Pending police
78384 86938 92340 104258 112522 122761

APPENDIX A-2
TOTAL CRIME POSITION IN THE COURTSSINDH POLICEYEAR
STATUS
No. of pending previous years
No. of cases reported
Total cases for investigation
Send up to court
Conviction%
Acquitted%
Pending court
Pending police

91

92

93

94

95

115719 127159 122437 134158 138453
43958 40179 41930 44628 50216
159677 1673382 164367 178987 188669
7205 28549 33522 38733 45965
12601
7633 13731 14280 23391
33.87
26.74
40.96
36.86
50.88
10785
9251 10543 12360 12380
28.99
32.40
31.45
31.90
26.93
13839
11665
9248 38733 10194
19947 136595 128747 137435 138040

267

RESOURCE MATERIAL SERIES No. 53
APPENDIX B-1
OFFENCES AGAINST PERSONSSINDH POLICE(Murder, Hurt, Kidnapping, Rape, and Negligent Act, Etc.)
YEAR
STATUS
Total cases handled by police
Sent up in the court
Convicted
Acquitted
Pending court

85

86

87

88

89

90

37212
6665
2178
3583
904

38575
6189
1906
3376
907

41061
6592
1647
3702
1243

43821
6760
1680
3856
1176

46989
7369
1872
4116
1381

49762
7174
1166
4039
1505

APPENDIX B-2
OFFENCES AGAINST PERSONSSINDH POLICE(Murder, Hurt, Kidnapping, Rape, and Negligent Act, Etc.)
YEAR
STATUS
Total cases handled by Police
Sent up in the Court
Convicted
Acquitted
Pending Court

268

91

92

93

94

95

49200
7261
1453
3968
1840

49489
5698
1148
3110
1440

47929
6675
1761
3620
1294

51330
7305
1738
3975
1592

53145
8734
2852
4340
1542

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
APPENDIX C-1
OFFENCES AGAINST PROPERTYSINDH POLICE(Dacoity, Robbery, Trespass, and Theft)
YEAR
STATUS
Total cases handled by Police
Sent up in the Court
Convicted
Acquitted
Pending Court

85

86

87

88

89

90

11961
3229
750
788
1691

12403
2811
567
605
1639

13502
3443
552
724
2167

14131
3211
520
760
1933

20320
4105
651
1274
2180

16906
3602
370
790
2211

APPENDIX C-2
OFFENCES AGAINST PROPERTYSINDH POLICE(Dacoity, Robbery, Trespass, and Theft)
YEAR
STATUS
Total cases handled by Police
Sent up in the Court
Convicted
Acquitted
Pending Court

91

92

93

94

95

15710
3167
391
874
1922

15863
2690
372
6689
1749

17428
3437
474
966
1999

18381
3731
533
1216
1982

19494
4671
1879
1091
1701

APPENDIX D
THE COURTS IN PAKISTANATTORNEY/PROSECUTORSFEDERAL LEVELPROVINCIAL
LEVEL
General/Government

CRIMINAL JUSTICE
COURT
Supreme Court of Pakistan(Highest Appellate Court)

Attorney General/Deputy
Attorney General

Federal Shariat Court
Provincial High Court(Appellate/Writ Jurisdiction)

Advocate General/
Additional Advocate
Pleaders/Solicitors

Sessions Courts

DISTRICT LEVELGOVERNMENTDistrict Magistrates’ Courts

District Attorney/Deputies
Prosecutors/AssistantDistrict
Attorneys

Special Courts

Prosecutors
269

RESOURCE MATERIAL SERIES No. 53
APPENDIX FPRINCIPLES OF PROSECUTION
1. To rectify the Code of Criminal Procedure, if violated.
2. To remove the technical flaws in the First Information Report (F.I.R).
3. To improve defects in investigation.
4. To gather oral, documentary and circumstantial evidence according to Qanun-eShahadat (Evidence Act).
5. To remove/plug the loopholes between F.I.R. and the final report.
6. To submit the final report in the court according to the G.P.C.
7. To identify any legal problem precluding successful prosecution like missing witnesses,
double jeopardy, and wrong involvement by police.
8. To take into account the accused’s right of defence.
9. To be aware of public agitation for the wrong involvement by police.

APPENDIX GLAWS REGARDING PROSECUTION
1. Criminal Procedure Code.
2. Police Rules 1934.
3. Qanun-e-Shahadat Order, 1984 (Previously Evidence Act, 1872).
4. High Courts Rules and Orders Criminal Practice.

APPENDIX H
COURT WORK 1990-94 OF THE FIA, PAKISTANYEARSTATUS
Cases pending in the Courts at
the end of the year
Challenged
Total
No. of Cases Decided
Convicted
Acquitted

270

1990

1992

1993

1994

1995

4224

4220

4142

3669

3554

1808
6032
1812
1254
158

2322
6542
2400
1315
574

1798
5940
2271
1244
503

1454
5123
1523
866
194

1149
4703
945
509
212

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
APPENDIX I
DUTIES OF PUBLIC PROSECUTORS
1. To promote the cause of prosecution.
2. To thoroughly scrutinize challans, i.e., Reports under section 173 of the Cr.P.C.
including applications received from the police station in connection with the arrestof offenders [Police Rules, 27. 15(1)].
3. To prosecute, watch or direct the prosecution of cases in courts.
4. To ensure the observance of conditions and restrictions of courts [Police Rules, 27.
15(ii)].
5. To ensure the observance of all High Courts orders issued with the object of expediting
decisions and preventing abuses.
6. To supervise the transmission of warrants and summons to the executive police
under the orders of criminal courts and to see that returns to such processes are
made without delay.
7. To guide the investigating officer to remove the legal lacunae during investigation,
so that best evidence is presented in court.
8. To examine whether the challan has been put in court within the prescribed period,as laid down in section 175 of the Cr.P.C.
9. As soon as final report of investigation under section 173 of the Cr.P.C. is received
from police, it is the duty of the public prosecutor to vet it minutely and, if found fit,
he should immediately send up the same to the court and, if found not fit due toserious legal lacunae, he may withhold the same directing the investigating agency
to re-submit it in the best manner.
10. To file revision petition under sections 439 and 439-A of the Cr.P.C., provided the
impugned orders merits revision.
11. To prepare acquittal appeal under section 417 of the Cr.P.C.
12. To cross-examine necessarily the accused according to Article 44 of Qanun-e-Shahadat
Order, 1984 (Evidence Act). It was not previously done so.
13. According to section 232 of the Cr.P.C., whenever a charge is altered or added by the
court after the commencement of trial, the public prosecutor is empowered to recall
or summon and examine the witness with reference to such alteration or addition.
14. According to section 265 of the Acr.P.C., in every trial before a Court of Sessions, theprosecution shall be conducted by a public prosecutor.
15. As per section 494 of the Cr. P.C., the public prosecutor may, with the consent of thecourt before the judgement is pronounced, withdraw from the prosecution any person
tried for the offence(s).

271