Media and our criminal justice system

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In modern democratic societies, media is considered an important pillar of the state, along with Parliament, Judiciary and Executive. The social scientists argue that the structure of a state is incomplete without the presence of an independent and free media. Media has gained this respectable position after a long struggle and efforts. In the subcontinent, the Muslim press played a significant role in the freedom movement. Though the press faced many challenges after the establishment of Pakistan in 1947, during the last couple of decades it has become a power to be reckoned with in this part of the world.
The primary role of the media is to inform the people about their rights, obligations and how the organs of the state respect those rights. In Pakistan, the media has also assumed a unique role in our criminal justice system. Worldwide, the courts, prosecution service and police are considered constituents of the criminal justice system. The police investigate the crime, the prosecution service prosecutes offenders and the courts try and adjudicate the cases brought before them.
The media impartially and diligently reports occurrence of crime and trial of criminals to keep the taxpayers informed about the functioning of the criminal justice system. Here in Pakistan, the media has taken upon itself the role of trial also. We have seen parallel trial of high profile persons and cases in the media, especially on the electronic media. Prosecutors, defence lawyers, accused persons appear on TV talk shows to explain their respective cases being adjudicated in courts. Sometimes, the court proceedings are also discussed in these talk shows. This is a new development in the criminal justice system in Pakistan. The position of politicians is unique; they participate in talk shows enthusiastically and also protest against the so-called media trial. Retired generals also participate in TV talk shows.
A few days back, the viewers were astonished to see a former DG ISI being grilled by the anchor person on a private TV channel in Asghar Khan case. In the Hajj Corruption case, the accused minister was pleading innocent before the anchor person in a talk show.
I do not know whether this new development in the criminal justice system of Pakistan is being debated at judicial and police academies or not. Undoubtedly, this is an interesting subject for academicians to apply their mind to.
ASGHAR MAHMOOD
Islamabad