Editoral-Terror suspects

There is no doubt that the criminal justice system in Pakistan needs to undergo a major overhaul. In this respect Sindh Home Minister Zulfiqar Mirza’s recent remarks in the provincial assembly criticising the judiciary have raised some pertinent questions that need to be addressed by all stakeholders.

The minister claimed that the judiciary was actually letting suspected terrorists caught “red-handed” off the hook. He added that hundreds of people — including terrorists arrested for “heinous crimes” — had been released by the courts since 2002. The minister’s comments are not unfounded. Notorious individuals with evidently strong links to banned outfits have been known to walk free in this country because of ‘lack of evidence’. Dr Mirza wants the courts to give the benefit of the doubt to the prosecution in cases of terrorism.

Observers have also pointed out that a defective investigation process is the main reason why suspects are allowed to walk free. Also, eyewitnesses and victims often refuse to testify in court or identify the suspects for fear of their lives. Trials in this country can drag on for years and the low conviction rate is no secret. When the legal system fails, extra-legal means are employed to deal with suspects. This, coupled with the fact that suspected terrorists are freed due to shoddy investigations, is a recipe for disaster. Clearly the solution to bringing terrorists and other hardened criminals to justice is an empowered, effective legal system complemented by modern methods of investigation. The legal lacunae which allow suspects to walk free must be plugged while law-enforcement agencies need to vastly improve the way in which they probe cases. All organs of the state must play their part in overhauling the criminal justice system. The executive cannot afford to be complacent and allow anti-terrorism laws to lapse, as in the case of the Anti-Terrorism (Amendment) Ordinance 2010. On the other hand, the courts must convict and sentence terror suspects if credible evidence is produced. It has also been pointed out that comprehensive anti-terror legislation — which is currently lacking — would at least provide a base for legal action against those who practise violence.

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