SC judge laments loopholes in existing laws

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  • Advises modernisation of judicial system and other sectors of legal system such as investigating and prosecuting agencies

 

ISLAMABAD

APP

 

Lamenting loopholes in the existing laws, Supreme Court Justice Dost Muhammad Khan has said that instead of enacting and enforcing harsh laws, legislatures should critically examine all the existing ones and try do away with the anomalies that could possibly decelerate the ratio of convictions and pester the victims during the process of seeking justice.

The SC judge expressed these views at a certificate-awarding ceremony at the conclusion of a one-week refresher course for prosecutors in quick disposal of cases at the Federal Judicial Academy on Saturday.

“We have several laws replete with flaws. Our entire structure of dispensation of justice needs overhauling, revamping and reinvigoration. A task force consisting of all sectors of legal and judicial system including the parliamentarians should be created to reflect upon the loopholes, lacunas and flaws in them and those be removed through a proper legislation for effective implementation of laws.”

Khan said that harsher legislation was generally not well placed to reduce crime. He advised that the judicial system and other sectors of legal system, such as investigating and prosecuting agencies, should be modernized.

“Modernisation of the system for the desired results is the need of the hour. Proper infrastructure, adequate allocation of budgets, enhancing their capacity, their knowledge, sharpening their expertise and equipping them with modern means and skills especially those of investigating and prosecuting agencies are essential.”

The SC judge said that without proper infrastructure, skilled manpower, modern technological tools and career incentives, they could not be in a better position to deliver.

“It is suggested that one state of the art training institute for prosecutors should also be established where they may be imparted training as per modern best practices.

“More forensic science laboratories should also be set up in the country. Courts will not let loose the criminals but proper modern means must be provided to key players of the system.”

Advising the prosecutors, he said, “Prosecution is one of the important limbs of the justice sector. You have a unique role to play. You have to represent the state. Always be fair and honest to play your role within the available resources. One wrong conviction of an innocent person will be a stigma and you will have to carry throughout your entire career. Our society has gone wild. Crimes are complex of nature nowadays. Get prepared yourselves to play your requisite role in the wake of new law called Pakistan Protection Act which is very delicate and demanding.”

Earlier, FJA Director General Dr Faqir Hussain presented an overview of the refresher course and enlightened the prosecutors about the role and importance of an independent prosecution agency in the modern rapidly changing world.