Enforcement of criminal justice verdict ordered

PHC sees no progress even after four months

PESHAWAR:

The Peshawar High Court (PHC) has ruled that government institutions have failed to implement a larger bench decision in letter and spirit, warning that if effective measures are not taken, the court will be compelled to pass a strict judgment.

In a written order issued on a contempt of court petition regarding the implementation of a larger bench verdict and related directives, a two-member bench comprising Chief Justice SM Attiq Shah and Justice Ijaz Khan observed that no tangible progress had been made even after four months.

"The administration has failed to show seriousness and commitment," the 13-page written order stated. "Officials sitting in government departments and positions cannot be allowed to ignore the rule of law and weaken state institutions."

During the hearing, Chief Secretary Shahab Ali Shah, Additional Chief Secretary (Home) Ikramullah Khan, Inspector General of Police Zulfiqar Hameed, secretaries of various departments, DG Prosecution Rafiq Khan, Advocate General Shah Faisal Utmankhel, Additional Advocate General Numanul Haq Kakakhel, and others appeared before the court.

According to the judgment, the petitioner had filed a contempt plea over non-implementation of larger bench decisions and directives related to the criminal justice system. Notices were issued to the relevant parties, seeking responses on steps taken to comply with court orders.

A supplementary report submitted by the chief secretary stated that implementation of the directives required involvement of the executive and legislature. Guidelines were issued to all stakeholders after the chief secretary's approval. The report noted that a provincial cabinet meeting on March 9 had approved the establishment of a forensic science laboratory in Peshawar, with Nespak submitting a PC-I estimating the cost at Rs20 billion. Amendments regarding Alternative Dispute Resolution (ADR) had also been approved, with a draft bill to be presented in the provincial assembly. Witness protection boards and units would be established under the Khyber-Pakhtunkhwa Witness Protection Act 2021, with a PC-I prepared to address legal loopholes at a cost of Rs550 million. The police budget had been increased to improve performance, and prosecutors' capacity was being enhanced.

However, the court observed that after reviewing the report, superficial measures were evident instead of full compliance with the larger bench decision, with no progress on the ground. "The administration appears incapable of showing seriousness and commitment," the court remarked.