Flaws in prosecution let criminals go scot free: SC 

By: 24 News
Published: 05:07 PM, 17 Jan, 2022
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Caption: File photo
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The Supreme Court has reproved the prosecution for not pursuing cases in a diligent way which result in the condemnation of the innocent and acquittal of the real criminals, reported 24NewsHD TV channel.

A two-judge bench of the apex court headed by Justice Qazi Faiz Isa on Monday heard a bail application of an accused arrested on charge of smuggling charas. 

During the hearing, Justice Isa expressed his ire over the flaws in the methods of prosecution and the way it dealt with cases. “Everybody finds faults with the court but no one sees flaws in the prosecution,” the judge rued. 

Justice Isa observed that according to the FIR, the accused was held during checking at a general picket and security officials recovered charas from his possession. He wondered why the police did not record the whole incident as policemen carried mobile phones too. What will happen if an accused denies his presence at the crime scene, he said.

The judge inquired if the interior ministry was not aware that every official carried mobile phone. “Or is it the case that the prosecution deliberately leaves flaws in connivance with the accused? Or is there any veracity in the assumption that the prosecution tries to fool the courts,” he wondered. 

Justice Isa remarked that the police caught charas during a random checking at a check post. They presented challan against the accused but failed to provide details about the car owner. 

The public prosecutor told the court that details of the car owner were sought from the excise department. 

On this, Justice Isa wondered why the prosecution couldn’t obtain details as yet. 

The Supreme Court granted bail to accused Muhammad Saqib against a surety bond worth Rs0.2 million. 

A case has been registered against Saqib in Kohat who was accused of smuggling 3kg charas.