Prosecutors’ exodus

Published August 2, 2015

PAKISTAN’S decrepit criminal justice system has suffered another grievous blow. One hundred and fifty public prosecutors in Punjab have quit their jobs to take up posts in the judiciary, after they successfully passed the requisite tests conducted for 378 posts for civil judges in the lower courts. That leaves only 500 prosecutors available to the provincial prosecution department against a sanctioned strength of over 1,200. A few months ago, in a similar haemorrhage of desperately needed resources, 100 prosecutors — again in Punjab — left their jobs to become civil judges. And more are on course for a career move: a substantial number of prosecutors have applied for vacancies for additional district and sessions judges as well, examinations for which were to be held by the Lahore High Court from yesterday. Among the candidates were two prosecutors working in the Anti-Terrorism Courts in Rawalpindi.

Prosecutors are a vital cog in the justice machine; they ensure that evidence is properly collated and presented so that the case against the accused can be successfully prosecuted. In Pakistan, the legal system as a whole is broken, corrupt and inefficient, particularly at the lower court level. This is on account of multiple issues, including a lack of resources and training, while the rot in the prosecutorial sector also owes much to the fact that prosecutors have few reasons to consider their job as little more than a stepping stone to the greener pastures of the bench. But given the circumstances in which they work, can anyone really blame them? Treated as drudges rather than as professionals doing extremely important work, they have few facilities and meagre opportunities for career advancement. Moreover, threats from some of the dangerous individuals it is their job to prosecute are a constant occupational hazard. In 2013, the prosecutor in the Benazir Bhutto murder case was gunned down; some prosecutors have even sought asylum abroad. To add insult to injury, public prosecutors are paid a pittance of Rs33,000 a month — a fact that also contributes to corruption on the job. Compare that with Rs82,000 that a civil judge earns as monthly remuneration and the exodus from the prosecution department becomes understandable. All this means that the already formidable caseload of the remaining prosecutors will become heavier still, thereby inevitably compromising the quality of their work and the ability of the judicial system to send behind bars those who threaten the peace of society.

Published in Dawn, August 2nd, 2015

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