Pakistan Journal of Criminal Justice

Examining the Extradition Process in Pakistan: Insights from the Extradition Act of 1972

Faiza Rafique — Sun, 28 Jul 2024 00:00:00 +0000

The Extradition Act of 1972 in Pakistan stands as a crucial piece of legislation governing the extradition process within the country. This research article delves into the legal intricacies and procedural frameworks outlined in the Act, highlighting its significance in the context of international extradition requests. The study examines key definitions such as fugitive offenders, distinctions between foreign and treaty states, and the principles of cooperation under the Act. Furthermore, it analyses the process of extradition both to and from Pakistan, detailing the rules, procedures, and challenges faced by Pakistani authorities in handling extradition requests. The article also explores principles like double criminality, political victimisation, and the right to a fair trial, shedding light on the complexities involved in extradition cases. Through a comprehensive analysis, this research aims to provide a nuanced understanding of the Extradition Act of 1972 in Pakistan and its implications for the extradition landscape.

Revamping Prosecution in Punjab: Empowering Prosecutors and Overcoming Challenges

Sadia Tanveer, Muhammad Shahid Sultan, Hafiz Muhammad Azeem — Tue, 20 Aug 2024 00:00:00 +0000

Prosecutors play a fundamental role in the effective functioning of the criminal justice system (CJS). The Punjab Criminal Prosecution Service (PCPS) was formed to enhance this role, yet prosecutors are facing several legal and practical challenges that impede efficiency of CJS. Identification and recognition of these challenges, in relation to the roles of prosecutors, is essential to provide a correct evaluation of the present situation of the prosecutors besides to pinpoint areas which require improvement. This study employs a qualitative analysis of existing academic literature to investigate how prosecutors can be empowered to enhance the overall effectiveness and efficiency of the CJS. The research concludes that strengthening prosecutors is vital for improving the performance of the CJS in Punjab and proposes a comprehensive roadmap to overcome these challenges and revamp the role of prosecutors.

An Analysis of the Role of Forensic Evidence from the Commission of Offence to the Trial

Khurram Baig, Muhammad Saqib Hameed — Tue, 27 Aug 2024 00:00:00 +0000

Forensic evidence in Pakistan’s criminal justice system is the point of focus in this study to harmonize legal frameworks, enhancing the effectiveness of evidence management and sufficiency of procedural guidelines. This involves research adopting quantitative methodology and involving 50 professionals from five different sectors – judges, lawyers, public prosecutors, healthcare professionals and police officers. This survey indicates that there is consensus that forensic evidence management maintains integrity and provides fair trials whereby 40-80% recognize well-preserved forensic samples while maintaining strict chain of custody protocols. However, some doubts arise as concerns the adequacy of healthcare staff training and clarity in collecting such proofs. These include the Qanun-e-Shahadat Ordinance 1984, Criminal Procedure Code (Cr.P.C.) 1898, Punjab Forensic Science Agency Act 2007; Prevention of Electronic Crimes Act (PECA) 2016 is comprehensive legal frameworks for enabling forensic science which have been challenged during the implementation. Suggestions include better training programs for forensic experts, providing clearness and uniformity within evidencing procedures along improving infrastructure related to forensics throughout Pakistan. Reliability and fairness in the criminal justice system depend on these measures being taken.

Forensic Fingerprints: An Evidential Clue for Police Officers in Forensic Investigation in Khyber Pakhtunkhwa, Pakistan

Syed Aizaz Ali Shah — Tue, 10 Sep 2024 00:00:00 +0000

Fingerprints being an individual trait make humans different from one another and perform an important role in criminal investigation. Within the broader field of forensic science; fingerprint is a specialized area and important biological evidence which is scientifically examined by fingerprint experts in the forensic lab in both criminal and civil cases to compare and match the disputed fingerprints with the suspected ones. This study was carried out to explore the value of forensic fingerprints as an evidential clue in criminal investigation. This qualitative research was carried out by using a sample size of 25 respondents of the Khyber Pakhtunkhwa Police Department in which 15 police investigation officers were selected through convenience sampling technique and 10 fingerprints experts belonging to Forensic Science Laboratory, (FSL) Peshawar and Regional FSL of Swat through simple random sampling technique. The primary data from all the respondents was collected through interviews. Research findings revealed that the Automated Fingerprint Identification System (AFIS) is not fully operational in the province due to the unavailability of advanced software; FSL Peshawar searcher hall contains more than five hundred thousand manual records of convicted criminals. The police department doesn’t have direct access to NADRA fingerprint records in a criminal case. Other problems include a lack of proper training on fingerprints; contamination of fingerprints by the public; lack of chemicals and powders at police station level to develop the latent prints on crime scene etc. Lastly, experts in fingerprints sections of forensic labs are not academically sound which affects their service delivery in perusing the analysis of fingerprints in a criminal case.