KARACHI, Oct 1: The Sindh Criminal Prosecution Service (SCPS), constituted by the governor of Sindh through an ordinance last year, is learnt to have moved the provincial finance department for the revalidation of funds that remained unutilised because of the lack of completion of bureaucratic formalities.
Well-places sources told Dawn on Monday that on August 1, the SCPS requested the finance department to validate a sum of Rs46.4 million for the purchase of “physical assets” for 29 newly-established offices. However, they said, the request was still pending decision.
Sources said that over 80,000 criminal cases pending disposal in various courts across the province hung in the balance while the provincial government dragged its feet over making the SCPS functional. They said that inordinate delays were being caused in the issuance of funds and the appointment of prosecutors and staff.
Reportedly, the finance department authenticated Rs88.66 million for the SCPS on May 31, outside the provincial budget (2006-2007) for the creation of 1,561 posts and provisions, and the purchase of physical assets for the 29 newly-created offices of the department.
However, said sources, Rs9.804 million could be spent on the purchase of vehicles only, while Rs78, 857,300 could not be utilised due to bureaucratic formalities. Consequently, the unutilised amount was surrendered to the finance department.
Dawn was informed that the surrendered sum was not reflected in the current budget for the establishment of SCPS field offices in the province, although the finance department kept the provision of operation expenses in the budget of the current financial year.
The matter of the revalidation of the surrendered amount was discussed on August 1 at a meeting presided over by the chief secretary and according to sources, the finance secretary, who also attended the meeting, agreed to revalidate the lapsed sum.
Bureaucratic delays
The SCPS, which aimed to separate the prosecution of criminal cases from civil cases and facilitate speedy disposal, was created through an ordinance issued by the Sindh governor in July 2006. The ordinance has since been revalidated twice but the service could not be activated due to delays in the provision of office accommodation to the Sindh Prosecutor General (SPG) and in the appointment of prosecutors.
Sources said that the authorities had so far allocated merely two small rooms in the KDA building to the SPG, but that at least 10 rooms and office equipment such as furniture, stationery and computers were required to make the SCPS functional.
As for the appointment of prosecutors, the sources said that a selection committee approved the appointment of over a hundred prosecutors after interviewing incumbents and a summary was sent to the chief secretary early last month. However, no action has so far been taken on the summary. The selection committee was comprised of the Sindh prosecutor-general, SCPS secretary, an additional advocate-general, an additional law secretary and a representative of the S&GA department.
Sources told Dawn that the chief minister had approved the filling of 50 per cent of the vacancies for additional prosecutors general (APGs) and deputy prosecutors generals (DPGs) under the ‘contract policy’ to make the independent prosecution service functional. The credentials of nine advocates practicing criminal law from Karachi, Sukkur and Larkana were sent to the chief minister for consideration regarding ad hoc appointments for one year in the posts of five APGs and four DPGs.
The lawyers recommended for the post of APGs were: Ghulam Nabi Shaikh (Karachi), Ms Akhtar Rehana (Karachi), Shaikh Javaid Mir (Karachi), Shafqatullah Shaikh (Sukkur) and Ahmed Ali Shaikh (Larkana). Those recommended for the posts of DPGs were: S. M. Shuja Abbas (Karachi), Aamir Mansoob Qureshi (Karachi), Ms Firdous Farride (Karachi) and Mohammed Akram Siddiqui (Karachi).
The APGs and DPGs will be appointed to deal with criminal cases in the Sindh High Court and the Supreme Court, while those already working as assistant advocates-generals will be given the option of joining the SCPS in either position. As many as 27 district public prosecutors are to be appointed to prosecute cases before district and sessions courts across the province, in addition to 93 deputy district prosecutors for assistant and additional sessions courts and 214 assistant district prosecutors for the courts of judicial magistrates across the province.
The sources said that 15 out of 27 district attorneys and all 95 deputy district attorneys, presently working under the law ministry opted to join the newly created SCPS. They stated that 350 out of 412 assistant district attorneys also opted similarly.
