07 March 2005	Monday	25 Muharram 1426

ISLAMABAD, March 6: Weak prosecution impedes the delivery of efficient and socially beneficial justice services and contributes to erosion of civil liberties and basic rights.

This was the consensus reached at a consultative workshop on 'Independent prosecution service in Pakistan' organized by a non- governmental organization working for protection of consumer rights.

The workshop was attended by eminent lawyers, civil society representatives, rights activists, social sector specialists and senior officials from across the country.

The participants were of the view that prosecution was not just about getting offenders convicted in a court of law, rather it was a critical link between investigation and adjudication, and means to ensure that ends of justice were adequately met in the best interest.

They said prosecution service must be financially and operationally autonomous and unified under a separate institutional setup to be able to exercise independence of judgment while remaining fully accountable. They said an independent prosecution service, as existing in many developed criminal systems in the world, was much needed in Pakistan.

Explaining the role of prosecution in ensuring justice, Supreme Court Bar Association President Qazi Jamil said in some countries the attorney branch was called to assist courts in dispensation of human rights.

In his presentation, Senior Supreme Court Advocate Mohammad Akram Sheikh pointed out that existing prosecution services were not in line with articles 4 and 5 of the Constitution.

Presently, prosecution acts as an extension of the investigation agency, bound to take forward the police case, and in the process even commits crime resulting in miscarriage of justice, he added.

He referred to UN resolutions and convention on 'Prevention of Crime and Treatment of Offenders' to which Pakistan was a signatory. Under these agreements, it is obligatory for Pakistan to establish an independent prosecution service to ensure free, fair and unbiased trials.

Misbah Saboohi, a law professor, alluded to human character and individual integrity of prosecuting staff, and a transparent selection process and security of the tenure of the head of independent prosecution service.