ISLAMABAD: Former Supreme Court judge Justice Athar Minallah, in a recently uploaded judgement, expressed concern over the deficiencies in Pakistan’s criminal justice system, citing shortcomings in integrity, competence, and professionalism in investigations and prosecutions. The observations came while deciding an appeal in a murder case from Chitral, Khyber Pakhtunkhwa.
The case involved the murders of two teenagers, Shah Faisal, 18, and Shafi-ur-Rehman, 15, in Jibraik village. Their families reported the abductions to the police in February 2016, naming eight suspects, including the appellants. However, Justice Minallah noted multiple procedural lapses, including improper registration of the complaint under Section 154 of the Code of Criminal Procedure and discrepancies between the official record and witnesses’ testimonies.
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The prosecution’s case relied primarily on judicial confessions under Section 164 CrPC, as no direct evidence or “last seen” proof existed. Justice Minallah emphasized that delayed recording of confessions while accused remained in police custody casts doubt on their voluntariness and warrants heightened judicial scrutiny.
After reviewing the circumstantial nature of the evidence and procedural deficiencies, the Supreme Court held that the appellants were entitled to the benefit of doubt. Their convictions were overturned, and the judgement underscored systemic issues in investigation and prosecution practices.
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Justice Minallah’s observations highlighted the broader challenges facing Pakistan’s criminal justice system, stressing the need for improved competence, accountability, and adherence to legal procedures to ensure fair trials.