KARACHI, Jan 21: The fate of over 66,000 criminal cases pending in different courts across the province hangs in the balance since the Sindh Criminal Prosecution Service (SCPS) still awaits the appointment of the Sindh prosecutor-general after the post was vacated when the first prosecutor-general, Rana Shamim, was appointed as a Sindh High Court judge in the post-Nov 3, 2007, situation. Appointments to other essential posts including additional prosecutors-general, deputy prosecutors-general and assistant prosecutors-general, are also awaited.
The SCPS was constituted by the Sindh governor on May 13, 2007, with the promulgation of the Sindh Criminal Prosecution Services (constitution, functions and powers) Ordinance 2007. The department was to supervise police and other divisions’ investigations into criminal cases in order to ensure the independent prosecution of cases where justice was doubted, the speedy disposal of cases that had been pending for many years and independent and efficient service for the prosecution of criminal cases. In this manner, it was thought, the justice system in the province could be improved.
Mr Shamim was appointed as the first prosecutor-general but was appointed as a Sindh High Court judge after the imposition of a state of emergency on Nov 3, 2007, since when the post has been lying vacant. Meanwhile, no inductions were ever made for the posts of additional prosecutors-general, deputy prosecutors-general and assistant prosecutors-general.
Ishaq Lashari, the SCPS secretary, told Dawn that the induction to these posts, as well as to the posts of district prosecutor, were in progress. “A commission, which is headed by the provincial chief secretary, will appoint the Sindh prosecutor-general and has called applicants in this regard,” he said. “Meanwhile, a requisition has been sent to the Public Service Commission for the appointment of nine additional, 27 deputy and nine assistant prosecutors-general to deal with criminal cases in the Sindh High Court, the Federal Shariat Court and the Supreme Court of Pakistan.”
According to Mr Lashari, 27 district public prosecutors would be appointed to prosecute cases before the province’s district and sessions courts, while 93 deputy district prosecutors would be appointed for assistant and additional sessions courts. As many as 214 assistant district prosecutors would be appointed for the courts of the judicial magistrates.
He told Dawn that 63 deputy district prosecutors had already been appointed while inductions for the remaining deputy district prosecutors, assistant district prosecutors and district public prosecutors were in progress. Mr Lashari added that district public prosecutors would be appointed for prosecution in the 18 special courts in the province, including anti-terrorism courts, anti-corruption courts and anti-drugs/narcotics courts.
‘Low conviction rates’
The SCPS secretary pointed out that the country’s conviction rate was very low, 11.66 per cent in Pakistan and 2 to 5 per cent in Sindh, because of inefficient investigations conducted by incompetent policemen and unskilled prosecutors. The conviction rate in other countries was much higher: 37.4 per cent in India, 39 per cent in South Africa, 90 per cent in the UK crown courts and 98 per cent in the lower courts, 85 per cent in Australia, 85 per cent in US federal courts and 87 per cent in state courts, and 99.9 per cent in Japan.
Saying that the SCPS was currently lacking personnel in key posts, Mr Lashari predicted that its performance would take off once the process of making appointments was completed.
The office of the Criminal Prosecution Service Department is housed in a portion of the old KDA building, Sindh Secretariat No.3, but the space available does not fulfil the requirements. According to the additional secretary of the SCPS, Iqbal Zaidi, offices have been acquired in the old State Bank Building, Sindh Secretariat No.6, and the renovation work being carried out there will soon be completed.
According to Dawn’s sources, it is mandatory for the police and other investigation wings to send the Sindh prosecutor-general a copy of an FIR within 48 hours of it being registered. The SCPS is authorised to recommend strict departmental action against officials found responsible for registering defective or fabricated cases, and the department may also withdraw such cases.
According to the statistics pertaining to the Sindh Criminal Prosecution Service, a total of 66,202 criminal cases are pending in different courts across the province. The district level break-up is as follows: 7,827 cases pending in Karachi South, 7,407 cases in Karachi East, 4,178 cases in Karachi Central, 6,143 in Karachi West, 3,513 in Karachi Malir, 5,312 in Hyderabad, 877 in Thatta, 1,345 in Badin, 224 in Tando Adam Khan, 2,034 in Dadu, 995 in Jamshoro/Kotri, 1,357 in Mirpurkhas, 149 in Thar/Mithi, 409 in Umerkot, 1,789 in Sanghar, 2,845 in Sukkur, 2,395 in Ghotki, 1,809 in Nawabshah, 4,044 in Khairpur, 2,971 in Larkana, 2,531 in Shikarpur, 1,728 in Jaccobabad, 1,583 in Shahdadkot/Kambar and 1,690 cases pending in Kashmore/Kandhkot.
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