PHC warns of strict order over delay in implementing criminal justice verdict

PESHAWAR: The Peshawar High Court has said provincial authorities have not implemented a larger bench ruling on the criminal justice system in letter and spirit, warning that a tougher order may follow if effective action is not taken.

In a 13-page written order issued on a contempt petition, a two-member bench comprising Chief Justice SM Attiq Shah and Justice Ijaz Khan said no meaningful headway had been made despite the passage of four months. The petition was filed over the alleged failure to carry out directions issued earlier by a larger bench in connection with the criminal justice system.

The court said notices had been issued to the relevant respondents seeking details of the steps taken to comply with the earlier ruling. During the hearing, Chief Secretary Shahab Ali Shah, Additional Chief Secretary (Home) Ikramullah Khan, Inspector General of Police Zulfiqar Hameed, secretaries of different departments, Director General Prosecution Rafiq Khan, Advocate General Shah Faisal Utmankhel and Additional Advocate General Numanul Haq Kakakhel, among others, appeared before the bench.

In its order, the court said the administration had not demonstrated the required seriousness. "The administration has failed to show seriousness and commitment," it stated.

"Officials sitting in government departments and positions cannot be allowed to ignore the rule of law and weaken state institutions," the bench further observed.

Government report placed before court

According to the written order, a supplementary report submitted by the chief secretary said implementation of the court’s directives required the involvement of both the executive and the legislature. Guidelines had been issued to all stakeholders after approval from the chief secretary.

The report also stated that the provincial cabinet, in a meeting held on March 9, had approved the establishment of a forensic science laboratory in Peshawar. Nespak had submitted a PC-I estimating the project cost at Rs20 billion.

The supplementary report further said amendments relating to Alternative Dispute Resolution had been approved and that a draft bill would be tabled in the provincial assembly. Witness protection boards and units would be created under the Khyber-Pakhtunkhwa Witness Protection Act 2021, and that a PC-I worth Rs550 million had been prepared to remove legal gaps.

According to the same report, the police budget had been increased to improve institutional performance, while steps were also being taken to strengthen the capacity of prosecutors.

Court finds measures inadequate

After reviewing the material placed before it, however, the high court said the steps outlined by the administration were largely superficial and did not amount to full compliance with the larger bench decision. The order said there was no practical progress on the ground.

The court remarked that the administration appeared unable to show the seriousness and commitment required for enforcement of the earlier ruling. It warned that if concrete and effective measures were still not taken, the court would be compelled to pass a strict judgment in the matter.