PESHAWAR: The Peshawar High Court has declared that extrajudicial killings, staged and fake encounters, and enforced disappearances constituted a serious menace to the rule of law, public confidence and the fundamental rights guaranteed under the Constitution.
A larger bench consisting of Chief Justice SM Attique Shah, Justice Syed Arshad Ali, Justice Sahibzada Asadullah, Justice Mohammad Ijaz Khan and Justice Salahuddin declared: βNo officer shall act beyond or against the law, and all law enforcement authorities are directed to prevent, report, and investigate such incidents. Any participation, complicity, or willful neglect shall attract criminal, civil, and departmental liability.β
The court issued multiple directives and recommendations to stakeholders for reforming the criminal justice system (CJS), directing the provincial government to fully separate the investigation wing of the police from its operation wing with full administrative and financial autonomy.
It declared that to ensure fair, impartial, and transparent, an independent investigation cadre shall be created and all future appointments shall be made exclusively to that cadre.
Issues directives, recommendations for improving criminal justice system
The bench released a comprehensive 149-pagejudgement over the matter after considering the reports and arguments submitted by the stakeholders, including law, home, police, prosecution and health departments, and senior lawyers, and the suggestions made by them for improving the CJS.
βThe Provincial Government is confined to
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