LAHORE: Chief Justice of Pakistan Justice Asif Saeed Khan Khosa on Friday announced that the policy regarding conclusion of murder trials in four days would be enforced from April 1st throughout the country.
The top judge made this announcement while hearing a petition seeking cancellation of bail earlier granted to an accused in a fraud case. He said Pakistan is the only country in the world where accused persons have to approach the supreme court for bail, adding that in some countries, courts even do not issue written orders on bail petitions.
“How can a person be punished without conducting a trial and it is the duty of the trial courts, but after hearing the arguments of petitioner’s counsel, it seems he wants the supreme court to decide the case, Justice Khosa said.
The chief justice also pointed out that under the law, complainant’s counsel could only assist the prosecutor in a criminal case but he hires separate counsel to take control of the case in his hand. If the complainant wants to control the case, he has the option to file a private compliant under Section 200 of the Criminal Procedure Code.
“The key complications in our criminal justice system are due to complainant’s eagerness to tighten his control over the case by hook or by crook,” the chief justice said, adding that a complainant could only enter into a comprise with the accused party or file an appeal against the order of trial court or high court but he has no role in proceedings of trial court.
“But the law is being bypassed in our country. Earlier the situation was much better but it got worsened in last 10 years. Complainant wants to run the trial as well as the investigation officer as per his will and whims, which create hurdle in speedy disposal of cases, Justice Khosa said.
It is the prerogative of the investigation officer whether to arrest a culprit or not. If he considers his arrest is not required as per law, no one could force him to do so, he continued. The chief justice made these remarks after the complaint’s counsel asserted that the trial court granted bail to the accused in violation of law.
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