PESHAWAR: The Khyber Pakhtunkhwa cabinet has finally approved the much-delayed amendments to the KP prosecution law, which binds the police to seek the opinion of prosecutors before the registration of FIRs besides sharing their case diary with them.

The proposed amendments, which the cabinet approved in a meeting lately and are likely to be tabled in the provincial assembly for approval for enforcement, were cleared by the law department in June 2016 but remained in limbo due to the police department’s strong reservations about some of them.

They were first drafted in light of the decision of the cabinet’s 46th meeting in order to properly combat militancy.

Move meant to empower prosecutors whom police will consult before FIR registration and share case diary with

The prosecution department had come under scathing criticism from the apex court last month over its poor performance.

An official at the persecution directorate told Dawn that amendments proposed minor changes to the act to remove some lacunas.

He said the police department was particularly miffed at the amendment to Section 8 of the Act, which bounds police to share case diary with the district public prosecutor’s office.

The official said that previously police department only used to share FIR copy with the prosecutors.

He said they held several meetings with the police departments to gain their approval on this change.

“We told them that we are your lawyers and for the successful pleading of the cases, you have to share everything with us,” he said.

The official said the sharing of the case diary with prosecutors would help them properly prepare and plead cases before the courts.

He said another amendment to the same section had been made to remove ambiguity regarding legal opinion or guidance given by the district public prosecutors.

The official said previously, there was no mechanism available for the resolution of the aggrieved people’s complaints regarding the prosecutors’ opinion except them approaching courts to record their grievances.

He said after those amendments, the aggrieved person could approach the department in writing against the district prosecutor’s opinion and that he would direct him to revisit the legal opinion and writing.

The official said it would greatly help litigants as they would not need to file appeals with the courts against the prosecutor’s views and would help bring down litigation.

The proposed amendment to Section 2 of law’s Clause 8, which provided for sharing the FIR with the prosecutors has been substituted with words saying “On registration of FIR, the office in-charge of the police station or investigation, as the case may be, shall send a copy of FIR along with the first case diary to district public prosecutor (DPP) of the district concerned, who on receipt shall inspect the same and issue necessary directions to in charge of the police station or investigations, as the case may be, and shall also inspect, scrutinize and provide guidelines and assistance during the whole investigation process of various cases so registered in the district. Provided that first case diary is to be sent on the request of the DPP by the investigation officer concerned within 48 hours in heinous cases like those registered under Anti-Terrorism Act and cases having impact on society at large.”

Section 4 of Clause 8 which provided for seeking legal opinion of DPP during investigation has been replaced with another one providing for seeking prosecutor’s opinion and guidance before the registration of the case as well as during the investigation.

Sub-Section 4 would be inserted in the clause 8 providing for in case of any ambiguity regarding legal opinion or guidance so tendered by the DPP and the same is brought in to the attention of the director general prosecution through an application of an aggrieved person and which upon examination by department to be against the law, then the director general shall issue directions to the DPP for revisiting his opinion and guidance.

Sub-Section 4B says the director general is if not satisfied with DPP opinion can assign the same to the director general legal of the directorate for further examination and opinion and in accordance with law.

“Opinion so tendered by the director legal after final approval shall be issued which shall be followed by the police,” it read.

Published in Dawn, January 21st, 2018