FEW
POINTS MAY HELP US UNDERSTAND THE REALITIES
ü The law-enforcement officer, involved in manipulating
the process of interrogation or interview, should face criminal prosecution in
our functional rule of law system. But this seems virtually impossible, and
scarcely even imaginable.
ü The law-enforcement officer uses the process of
interrogation or interview to extort bribes from both the suspect and the
victim.
ü In order to prove before the superior officers, the
wider public and to show that the officer concerned is “seriously” pursuing the
matter, the third-degree method / coerciveness / torture is used to quicken the
process of investigation and to extract information from suspect, regardless of
the quality or authenticity of information extracted.
ü By ignoring mandate of law, most often,
non-qualitative judgments & orders are passed and ambiguous facts are being
written in case diaries of the suit or matter. This is done for the purpose of
creating the record of more number of cases disposed by a particular court and
for reducing the burden of pending cases. Such records of case disposal are
taken into consideration for promotion, posting, and elevation of judicial
officers. It’s more of a number game than any intention of upholding justice.
ü The Judges, often argue that poor investigations,
poorly trained or incompetent prosecutors and meritless appointments are
hurdles in administering justice. They find it quite easy to use such an excuse
to throw the ball in opposite side but do not try to take courage or capacity
to question these practices with in the judiciary.
ü The absence of modern techniques, credible forensic
facilities or medico-legal examination facilities for criminal investigation is
one of the results of poorly resourced justice institutions.
ü The political, bureaucratic, and financial elites
always take benefits by the maintained status quo of the power structure and
they use to engage law-enforcement agencies to fight for their own political
and financial benefit.
ü The Appointments, postings, and promotions in public
institutions and the presentation of gallantry awards are perceived and
maintained in a way so that the entire process can benefit those who “serve”
the political elites.
ü Unfortunately Suo-Motu notices and Judicial enquiry
committees have become redundant as the courts and the enquiry committees
conclude the proceeding by shifting the burden to others for removing all
causes or without coming to any conclusion. The results of those judicial
inquiry commissions / committees, which have pointed out the negligence of
state and its security agencies, including intelligence agencies, have never
been made public.
[Frahan
Khaliq Anwer Advocate............E.Mail: duaapk@hotmail.com.
..... Cell:03002165271 &
03410214627……. “The Lords International” – Magazine of Law & Law Fields]
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