Abstract:
The current study aims to determine the prosecution's inefficient performance in Pakistan's
criminal justice system. Despite playing an essential role in the criminal justice system, the
incapacity of the prosecutors to perform to the best of their abilities disrupts the execution
of a fair trial. In order to explore the root causes of this, a theoretical framework has been
used which includes human rights theories, situational prevention crime theory, and Due
process. The critical analysis of the existing literature showed that issues with the
performance of a prosecutor begin firstly with the registration of the FIR, because he simply
obtains a copy of every FIR written by a police officer which is flawed most of the time, and
secondly when reviewing the results of the police investigation and sending the report. The
police are in charge of conducting investigations, and the prosecution is obligated to transmit
all police reports to the court after carefully reviewing them. Multiple reasons like lack of
availability of proper evidence or incomplete, corrupt practices by police departments, and
overburdened cases pending, are responsible for the inefficiency of prosecutors. Different
steps can help to maximize the efficiency of prosecution. For instance, prosecutors should
be allowed to examine crime scenes to collect evidence, they must refrain from challenging
or impeding the execution of court orders, assert their right to appeal at a more appropriate
and suitable time or use another declaratory method.
