Role of the Prosecutor in Examining Terrorism Cases in Pakistan

Abstract

The paper makes the case that a prosecutor's proactive approach could reduce the disproportionately high percentage of acquittal of terrorists in Pakistan. According to this argument, the prosecutor must carefully examine the terrorism allegations in order to successfully prosecute the terrorists in Pakistan. The bulk of terrorists have been exonerated by Pakistan's anti-terrorism courts. The primary reasons for the acquittal are insufficient oversight, a lack of due diligence, incorrect prosecutorial recommendations from the police and prosecution in light of the lack of victims' interests, transfer of cases from regular courts to terrorism courts. This paper discusses the importance of monitoring, examining, and recommending terrorism cases. In this section of the study, recommendations made to the court by the District Public Prosecutor, Senior Public Prosecutor, Superintendent of Police and Investigation Officer of Counter-Terrorism Department, are also examined. Additionally, terrorism cases as well as cases that are the purview of regular courts are discussed. If the prosecution only sends terrorism cases with strong sentential logic and ample supporting evidence to the terrorism court for trail, the percentage of terrorist in Pakistan who are exonerated falls. With the aid of this paper, both agencies are better equipped to handle terrorism situations in light of pertinent legal provisions and rulings from the Supreme Court. In this qualitative study, information from the Pakistan Penal Code of 1860, the Code of Criminal Procedure of 1898, the Anti-Terrorism Act of 1997, the Khyber Pakhtunkhwa Prosecution Service (Constitution, Functions, and Powers) Act of 2005, the Constitution of the Islamic Republic of Pakistan 1973, as well as many other legal documents, will be used. Therefore, the focus of this research study is on carefully examining terrorism cases in order to put them into context with respect to regular court cases and a suitable suggestion from the prosecuting departments. In relation to our legal system, this research defines the mechanical process that determines which cases move to the terrorism court and whose prosecution instructions are necessary.