The Supreme Court has ruled that a weak and committed criminal justice system undermines the rule of law and, therefore, encourages corruption, authoritarianism and the rule of powerful and privileged.
“An effective and receptive criminal justice system, free of political interference and corruption, is a fundamental right of each citizen, while economic and expeditious justice is a commitment of the State under the Constitution. The criminal justice system will only fulfill its purpose when the royal interested parties, the people of this country, will have confidence and confidence in a system that is accessible, impartial, responsible, independent and free of corruption of the correction of corruption correction.
“Therefore, it is a constitutional duty of each body of the State, the Executive, the Judiciary and the Legislature to take urgent measures to ensure that the criminal justice system served the people of this country and that they replace their confidence and confidence in their justice, impartiality and independence,” reads a 20 -page trial authorized by Athar Minallah, who traveled by death by the death of a vitality of a vitality for life.
A bank of three members of the Apex court led by Judge Minallah heard the criminal appeal in a murder case. The trial indicates that the appellant has remained imprisoned for more than 25 years.
“The appellant had escaped from judicial custody and that obviously constitutes a separate crime and, therefore, it would not be appropriate for us to make any observation so that it cannot harm the case of the parties in any matter that may be pending before a competent court/forum.”
The appellant was young in 1991 when the occurrence had taken place. He was accompanying his father and the reason was attributed to him and not the appellant.
It cannot be ruled out that the appellant has acted under the influence of his elders, particularly his father. He had no criminal record before the occurrence and, therefore, was a criminal for the first time.
The court also indicated that the recovery of the fire arm weapon is not free of doubts and the evidence presented in this regard is not sure to trust.
In addition to these recognized mitigating factors, the appellant has fulfilled the full term prescribed for the alternative imprisonment for life without the benefit of the remisss.
“Therefore, we are of the opinion that, due to these mitigating and mitigating circumstances, the death sentence for five positions was not justified. Therefore, we partially allow the appeal only in the degree of modifying the death sentence in five positions to prison for the life of five positions. The sentences, except those required by the breach of the payment of compensation, must be concurrently In favor of the appellant, “says the trial.
The court lamented in the abysmal condition of the criminal justice system in general and the unjustified delays in the final elimination of cases in which the appellant or the petitioner has challenged the death sentence. In the case before the Court, the appellant was sentenced to death by the Court of First Instance on September 3, 2008. The appeal was preferred within time.
“The Superior Court decided the appeal on September 18, 2014, and the reference was answered affirmative and, therefore, the death sentence was confirmed. There are six years of delay in deciding the appeal of a prisoner who has been delivered by the death sentence that cannot be justified.”
The necessary time to assume the appeal and its final elimination should not have been more than 12 months, said the Apex court.
“The appellant had requested a license presenting a petition before this court and the necessary and reasonable time required for its final elimination should not have been more than twelve months.”
The petition, which was presented in 2014, was set for the first time for an audience after seven years, that is, on March 22, 2021, and finally on January 29, 2025. It took more than 17 years for the appeal process to be completed from the date on which the death sentence was transmitted.
“The condemned prisoner was in a death cell and was not responsible in any way for this excessive delay or the procedures in his control.”
The delay had definitely overcome the necessary and reasonable time required for the appeal procedures to be completed.
This excessive delay unbrusts the criminal justice system and undermines the confidence of people in court and the criminal justice system. The abysmal conditions in most overpopulated prisons throughout the country and inhuman and degrading conditions often informed are not only added to agony and unimaginable difficulties of a condemned prisoner, but becomes a form of unauthorized punishment that the legislature does not intend.
The court also indicated that the Judiciary is undoubtedly responsible when the appeal process exceeds the necessary and reasonable time required for its completion, but the other branches of the State, the Executive and the Legislature are also equally responsible for ensuring that the conditions in prisons are human and that the treatment of prisoners is not cruel, inhuman and degrading.
“It is an onerous task of the higher courts and this Court guarantees that the appeal process and the resources provided under the law are completed within the necessary and reasonable time for this purpose.”
The executive branch is equally responsible for ensuring that the treatment of inmates of a prison is not cruel, degrading and inhuman.
“The legislature is also expected to review the legislation in order to make the criminal justice system respond to the needs of citizens and responsible for violations of their rights.”
The unauthorized punishment that an prison inmate is forced to support due to a committed, weak and failed justice system cannot be legalized or tolerated. We have pointed out with the concern that most victims of excessive delays at the end of the appeal process are those that are financially so weak that they cannot even afford to involve a lawyer of their choice.
“It seems that the criminal justice system, from the investigation stage to the fixation of the appeals, is vulnerable to being exploited by the privileged and powerful, while the victims are those that belong to the political, economic and socially marginalized and privileged classes.”
Each branch of the State that has a role in the functioning of the criminal justice system has the obligation to take urgent measures to remedy errors. A system that fails to protect and enforce rights to real stakeholders; The people of this country. “
