PHC urges criminal justice system overhaul

The Peshawar High Court's (PHC) five-member larger bench has delivered a landmark verdict addressing flaws in the criminal justice system and delays in delivering justice.

The court approved all petitions filed in this regard, stating that it is the primary responsibility of the state, including security agencies, to protect the constitutional and legal rights of citizens and ensure the rule of law.

The bench emphasized that the state must exercise its powers within constitutional and legal limits, ensuring accountability and safeguarding lives and property. "Good governance and timely justice can only be guaranteed when state institutions operate within the law. Unlawful actions undermine fundamental rights and promote anarchy," the verdict stated.

To improve the criminal justice system, the bench recommended that the Law, Parliamentary Affairs, and Human Rights departments review relevant legislation to reduce confusion and overlap in institutional powers. The court also directed the separation of police investigation and prosecution wings, allocation of dedicated prosecutors, and provision of financial and logistical support to relevant institutions.

The bench, headed by Chief Justice SM Atiq Shah, included Justices Syed Arshad Ali, Sahibzada Asadullah, Muhammad Ijaz Khan, and Salahuddin. The 149-page written verdict, authored by the Chief Justice himself, stressed that all citizens are entitled to fundamental rights and that administrative and security agencies must ensure public safety and peace.

Highlighting systemic weaknesses, the verdict noted operational inefficiencies, procedural errors, and delays in investigation, prosecution, and forensic procedures. It further stated that 85 per cent of cases remain pending in lower courts and recommended strengthening district-level reforms, enhancing judicial and case management through technology and AI, and activating witness protection programs.

Key reforms outlined include establishing forensic labs across divisions, improving police training, translating investigation manuals into Urdu, amending relevant sections of the Pakistan Penal Code and Criminal Procedure Code, and enforcing stricter oversight on police officers misusing authority or filing false FIRs.

The court instructed all stakeholders, including CTD, FIA, Judicial Academy, Ministry of Narcotics, and provincial departments, to implement the recommendations and ensure accountability. Copies of the verdict are to be shared with all relevant institutions to ensure full compliance.