PESHAWAR, Nov 25: Due to lack of proper service structure in the prosecution department, most of the prosecution inspectors and sub-inspectors have opted to join the police service in the new setup.

It is learnt that the provincial government had sought options from the prosecution inspectors (PIs) and sub-inspectors (SPIs), presently functioning under the police department, whether in the new setup they would prefer to join the prosecution or the police department.

Almost all the PIs and PSIs said they should be kept in the police department, a PSI said.

He claimed that most of his colleagues had favoured the option because of the uncertainty prevalent among the public prosecutors (PPs) and additional public prosecutors (APPs), because of lack of proper service structure.

“The successive governments have turned a blind eye towards the problems faced by the prosecution branch, which has also resulted in low conviction rate,” he claimed.

In most of the cases the public prosecutors and additional public prosecutors retire in the same grade in which they are appointed.

The APPs are appointed in garde 17 and they remain in the same grade till their retirement. Similarly, the PPs are appointed in grade 18. Although, they have been given move-over to grade 19, but most of them remain in the same grade throughout their career.

Unlike Punjab, where quota has been allocated for the prosecution officials in judicial appointments, in the NWFP no such incentives are given to the prosecutors.

In 1984, a notification was issued for allocating 20 pert cent quota to the prosecutors in judicial appointments, but later the law department put it in cold storage and it has not been implemented. In Punjab, the public prosecutors posts have been redesignated as district attorneys.

Earlier, the APPs and senior civil judges were in grade  17 and the PPs and the additional district and sessions judges were in grade 18. Now the APPs and the PPs are in the same grade whereas the posts of senior civil judges and additional sessions judges have been upgraded to grades 18 and 19 respectively.

There is also unrest among the prosecutors due to their not being appointed  on different posts in the law department. The judicial officers are mostly appointed in the department on different posts, including section officer, deputy secretary, additional secretary, solicitor and secretary.

 A public prosecutor suggested that during the reforms process the prosecution branch should be overhauled. “The prosecution should be headed by a director-general prosecution and he should be appointed from amongst the prosecutors,” he proposed.

He said that for improving functioning of the prosecution department it was necessary that 50 per cent quota be reserved for the PPs and APPs in judicial appointments and in the advocate general’s office.

He proposed that the solicitor’s office should be expanded and made independent in administrative and financial matters. He said the office should be filled from the PPs cadre and not from the judicial cadre.

He said regular promotions should be granted to the PPs up to grade 20.