31 August, 2014 / Ziqa'ad 4, 1435

KAMRAN Faisal's death should be the proverbial last straw on the camel’s back, forcing our society, placed at the mercy of criminals, to rise against the criminal-friendly judicial system.

Under the present system judges are not supposed to provide justice. They are to dispose of cases as presented to them. What is brought before them is after a long process involving police investigations which are downright false and the witnesses are unwilling to depose for fear of inviting the wrath of criminals.

Those witnesses who are willing to appear before courts to state facts are likely to be eliminated. A recent example is in the widely-reported case of all witnesses being killed in the murder case of journalist Babar in Karachi.

Kamran Faisal, an investigator from the highest body in the country, working on a case in the Supreme Court of Pakistan, lost his life under pressure from seniors to facilitate criminals.

A broad outline of revised system is to make the judge responsible for ensuring timely justice for any crime committed in the area of his jurisdiction. The number of judges should be increased at the scale of at least one for each union council.

New rules of businesses should be formulated by the Supreme Judicial Council so that the crime should be immediately reported to the judge’s office that should remain open for 24 hours.

On receiving the report the judge should promptly send an investigation team, placed under him, to the scene of crime to record evidence. Based on that evidence, the case should be processed and decided by the judge within days. The police should act on orders of the judge to apprehend and produce people wanted by the judge.

A large number of lawyers are responsible for the present dismal state of affairs as they are the ones who want to save criminals for money. I suggest they should be absorbed in the new system.

Some of them may be suitable for appointment as judges while some others can be employed as state employees to assist judges.

The rest will have to find some other job. Any effort to form judicial reforms committees comprising members from the present judicial system will add to confusion and will not give workable solution for obvious vested interests.

The suggested system does not require any constitutional amendment and can be implemented without delay.

COL (Rtd) NAZIR AHMED Islamabad


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Comments (3) (Closed)


Mohammad Ali Gaad
Feb 01, 2013 06:44am
There are accentuate marks on his whole body but no one to notice! The accused would abscond as it usually happens when Honest is crushed in bureaucrats hands.
pathanoo
Feb 01, 2013 04:27pm
The author now recommends the dictatorship of the judges. That would not solve the problem. The problem is the corrupt police, the judges who are afraid, powerless to meet out justice for fear of their own safety and populace either too scared to be witness in the court of law or so calloused that it doesn't care to fight the ills of society. It is too vast and complex an issue to discuss in cliches. That said, it is the people of Pakistan who have to rise up, demand and force an honest police and judiciary with clear guidelines, rules and severe punishments for violation of those rules irrespective of the person who violates them. Make the punishment so it is a determent and public. This will be the only way over a long period of time where justice may make a dent.
Nasir Abbas
Feb 01, 2013 08:16pm
more or less a similar system is working in Iran. It may also be there in other countries. But we want to stick to the police given by britishers