By: Kamran Ali Shah
PESHAWAR: A larger bench of the Peshawar High Court (PHC) has issued a detailed 149-page verdict on petitions highlighting loopholes in the criminal justice system, directing the provincial government to take concrete steps for effective policing and to prevent illegal interference.
The verdict was announced by a five-member larger bench headed by Chief Justice SM Atiq Shah on petitions filed by advocates Shabbir Hussain Gigyani and Asif Ullah. The court also constituted a Provincial Criminal Judicial Committee to oversee reforms in the criminal justice system and directed all stakeholders to ensure strict implementation of its recommendations and directions.
The judgment noted that around 85 per cent of cases are pending in subordinate courts and stressed the need for reforms at the district level to reduce the backlog. It ordered the filling of judicial vacancies and further strengthening of Section 344 CrPC to curb unnecessary delays. The court also directed amendments to Section 510 CrPC to include DNA and cybercrime digital experts, as well as amendments to Sections 182 PPC, 674 and 250 CrPC.
Emphasising the need for effective policing, the court instructed the provincial government to avoid illegal interference in police affairs. It directed that prosecutors and investigation officers across all districts be provided with modern and basic facilities. The Inspector General of Khyber Pakhtunkhwa was instructed to place his requirements before the provincial government, while legal action was ordered against police officers found registering unnecessary FIRs or misusing their authority. The installation of CCTV cameras in all police stations was also directed.
The court further ordered the establishment of a forensic laboratory on the pattern of the Punjab Forensic Science Agency, with its facilities extended to all divisions. It also stressed the importance of forensic evidence in serious crimes.
For the safety of the judiciary, the DIG Security was directed to take measures to protect judicial officers. The court also ordered probation officers to regularly visit jails, identify eligible cases, and submit monthly reports.
The verdict underlined that police officers registering cases must have adequate knowledge of the law and called for the use of information technology and artificial intelligence to improve judicial efficiency and case management. It also directed capacity-building and training for the judiciary, police, prosecution, and other stakeholders.
The court ordered activation of the Witness Protection Board and its units to ensure the safety of witnesses. Additionally, the prosecution department was directed to translate the investigation handbook into Urdu within three months and distribute it to investigation officers.
