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SC judge laments loopholes in existing laws

Justice Dost suggests training institute for prosecutors, more forensic science laboratories in Pakistan

ISLAMABAD – Lamenting loopholes in the existing laws, Supreme Court judge Justice Dost Muhammad Khan has said that instead of enacting and enforcing harsh laws, legislatures should critically examine all the existing ones and try do away with all the anomalies that could possibly decelerate the ratio of convictions and pester the victims anywhere.


He expressed these views at the certificate-awarding ceremony at the conclusion of a one-week refresher course for prosecutors in quick disposal of cases here at the Federal Judicial Academy on Saturday. “We have several laws replete with flaws. Our entire structure of dispensation of justice needs overhauling, revamping and reinvigoration,” Justice Dost said.


He suggested that a task force consisting of all sectors of legal and judicial system including the parliamentarians should be created to reflect upon the loopholes, lacunas and flaws in existing laws and those be removed through a proper legislation for effective implementation. He said that harsher legislation was generally not well placed to reduce crime.


“Our judicial system and other sectors of legal system such as investigating and prosecuting agencies should be modernized,” he said. “Modernization of the system for the desired results is the need of the hour. Proper infrastructure, adequate allocation of budgets, enhancing their capacity, their knowledge, sharpening their expertise and equipping them with modern means and skills especially those of investigating and prosecuting agencies are essential,” he said.


"Without proper infrastructure, skilled manpower, modern technological tools and career incentives they would not be in a better position to deliver. It is suggested that one state-of-the-art training institute for prosecutors should also be established where they may be imparted training as per modern best practices,” Justice Dost said. More forensic science laboratories should also be set up in Pakistan, he said.


He said that the courts would not let loose the criminals but proper modern means must be provided to key players of the system. Advising the prosecutors, he said prosecution was one of the important limbs of the justice sector. “You have a unique role to play. You have to represent the state. Always be fair and honest to play your role within the available resources. One wrong conviction of an innocent person will be a stigma and you will have to carry throughout your entire career,” he said.


“Our society has gone wild. Crimes are complex of nature nowadays. Get prepared yourselves to play your requisite role in the wake of new law called the Pakistan Protection Act which is very delicate and demanding,” Justice Dost said. Earlier, Federal Judicial Academy Director General Dr Faqir Hussain presented an overview of the refresher course.

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