ISLAMABAD: Perturbed over the acquittal of terrorists, the government and the other political parties are brainstorming about ‘overhauling’ the criminal justice system.

The Multi-Party Anti-Terrorism National Action Plan Committee is considering revamping the criminal justice system besides introducing ‘concrete’ steps for the protection of judges, prosecution and witnesses in the terrorism-related cases.

The committee has taken serious note of the low conviction rate in terrorism-related cases and also discussed the loopholes in the existing system, which are used by those suspected of terrorism to ensure an acquittal.

It may be mentioned that since 2007, over 2,000 suspects have been acquitted by the courts. As per a report prepared by an intelligence agency, after their acquittal, many suspects rejoined their terrorist outfits.

Some prosecutors engaged with the high-profile cases of terrorism told Dawn that banned organisations openly issued threats to them as well as to the witnesses. A prosecutor claimed that terrorist outfits also threatened the judges.

Though the recently-promulgated Protection of Pakistan Act (PPA) 2014 does try to address the security concerns of judges, prosecutors and witnesses, some prosecutors believed that it was ‘insufficient’ to counter the serious threats posed to them by terrorists.

The PPA states: “The government shall take appropriate measures to provide adequate security to the prosecution witnesses, investigating officers, prosecutors, special judicial magistrates and judges of the special courts and for this purpose (it) may establish, anywhere in Pakistan, high security points with courtrooms.”

Due to loopholes in system, conviction rate remains low for terror suspects

Under the PPA, the government has already given the antiterrorism court judges the charge of special courts. The prosecutors working in the ATCs have been asked to deal with the cases registered under the Act.

However, the Act has made no difference to the lives of those who are working in this judicial system.

A prosecutor dealing with the PPA-related cases said that except the issuance of a notification about his additional responsibilities, nothing had been done for his protection.

However, the committee is trying to formulate measures under which the identity of the judges, prosecutors and witnesses would not be disclosed. But for this purpose, an amendment to the existing law will be required.

The sources said the committee had also considered the establishment of military courts to try hardcore terrorists.

However, the committee was told that the Supreme Court had already held that the government had no power to establish a ‘parallel judicial system’; this in Nawaz Sharif’s second term the SC had struck down military courts.

Hence, this meant that if the government did decide to establish military courts, it would need to amend the constitution.

Nonetheless, the committee was told that military courts could be established for Fata.

It is important to point out that at the moment these are simply proposals.

The sources said the parliamentary parties engaged in finalising the report, which may be made public during the next week, were on the same page as far as ‘overhauling’ of the judicial system was concerned.

When contacted, Dr Shireen Mazari, one of the members of the committee, confirmed that a proposal for the ‘protection of judges, prosecutors and witnesses’ had been discussed at the meeting.

“There are some laws in this regard and we need to implement them to get positive results. We have to take short and long term measures.”

She said so far the members had discussed the issues in general which would be fine-tuned in the ‘experts’ meeting, the first of which was held on Sunday.

The committee has to look into some other issues as well, she added.

Published in Dawn December 22th , 2014