Ineffective performance of prosecution in criminal justice system of Pakistan: An interdisciplinary and law in action critique.

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.