Measures For Improving The Criminal Justice System In Prosecution Of Terrorism In Pakistan

Abstract

Terrorism prosecution has become a significant challenge for the criminal justice system (CJS) in Pakistan as the acquittal rate is very high while the conviction rate is extremely low. During the past few decades, increasing terrorist attacks in Pakistan and the failure of law enforcement to prosecute the accused has contributed to this issue. Due to the delay and flawed process of producing and constructing evidence, the dismissal rate is high when these cases are finally brought to the court. As a result, most “hard-core terrorist” cases are acquitted and seldom go to the higher courts to face trial. Police officers have been considered as the main contributor for the failure of Pakistan’s CJS due to their weak investigation and procedural mistake during registration of the first information report, but in fact, two other actors are also responsible; prosecutors and judiciary of Pakistan. This article finds that the three basic pillars of CJS, the police, prosecution and judiciary play a blame game considering each other responsible for these flaws instead of being supportive and to complement each other through institutional coordination. The situation is also worsened by all three pillars operating in isolation despite having the same goals. This article concludes with suggestions for overcoming the weaknesses in the CJS of Pakistan particularly the police force, prosecutor and judiciary and thus ensuring successful prosecution of terrorists in Pakistan.