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Sindh issues circular aimed at strengthening prosecution system

On the directions of Sindh Minister for Law, Home and Parliamentary Affairs Zia-ul-Hassan Lanjar, Prosecutor General Sindh Barrister G. Shabbir Shah has issued a comprehensive circular aimed at strengthening the prosecution system, enhancing scrutiny of challans, ensuring independent application of mind by prosecutors, and improving the overall administration of criminal justice in Sindh. The circular reaffirms the statutory supervision and control of the Prosecution Department at both the pre-trial and trial stages. It emphasizes that prosecutors must independently assess investigation reports and challans before their submission to courts and record their own legal opinion regarding the sufficiency of evidence and the correct application of law. A key feature of the circular is the recognition that effective prosecution begins at the investigation stage. The circular underscores that prosecutors cannot realistically secure convictions at trial unless they are taken on board from the very first day of investigation and are allowed to exercise appropriate supervision and control over the material, evidence and legal aspects that ultimately form part of the challan. To strengthen coordination within the criminal justice system, all investigating agencies have been directed to engage with prosecutors immediately after the registration of an FIR and to maintain close consultation throughout the investigation process. The circular notes that early prosecutorial involvement can significantly reduce procedural and evidentiary deficiencies that often weaken criminal cases during trial. The circular further reiterates that the objective of the prosecution service is to ensure that no innocent person is wrongfully prosecuted or convicted, while at the same time ensuring that offenders do not escape punishment. Prosecutors have therefore been directed to exercise their duties with complete independence, professional integrity, impartiality and fidelity to the law. Special emphasis has been placed on cases involving women, children, elderly citizens, persons with disabilities, victims of sexual violence and gender-based offences. Prosecutors have been instructed to prioritize such cases, safeguard the dignity and rights of victims, and ensure that victims and witnesses are protected from intimidation, harassment or secondary victimization. The circular also contains a strong accountability framework. It warns that failure to comply with its directions may attract disciplinary proceedings not only against prosecutors but also against officers of investigating agencies whose actions adversely affect the prosecution process. In this regard, Section 9A(2) of the Sindh Criminal Prosecution Service Act empowers the Prosecutor General Sindh to initiate or recommend disciplinary proceedings where warranted. Welcoming the initiative, Sindh Minister for Law, Home and Parliamentary Affairs Zia-ul-Hassan Lanjar described the circular as an important step towards strengthening the rule of law, improving institutional coordination, and ensuring a fair, transparent and effective criminal justice system in the province. Prosecutor General Sindh Barrister G. Shabbir Shah stated that strict implementation of the circular would be ensured across Sindh so that prosecution services remain independent, accountable and capable of delivering justice in accordance with the law and the public interest.

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