BRIEF OF THE

PROSECUTION DEPARTMENT
GOVERNMENT OF BALOCHISTAN

BY
QAZI ABDUL ALI
SECRETARY, PROSECUTION
 CONTENTS
1 Organization.
2 Vision.
3 Introduction
4 Objectives
5 Existing manpower
6 Approved SNE for 2009-10
7 Approved Budget for 2009-10

8 Share / Strengthening of Prosecution Department

Under Access to Justice Program
9 Criminal cases pending adjudication
10 Assets
11 Proposed Development Schemes 2009-10
12 Proposed Umbrella PCI 2009-10
13 Salient Features of Balochistan Prosecution
Service Act 2003.
14 Prosecutor General Main Functions
15 Recommendations
16 Conclusion.
17 Distribution.
 ORGANIZATION

Secretary Prosecution

Prosecutor General Additional Secretary

Additional Prosecutor General Deputy Secretaries

Deputy Prosecutor General Section Officers

Assistant Prosecutor General Supporting Staff

Supporting Staff

1
VISION
THE VISION BEHIND CREATION OF
INDEPENDENT PROSECUTION SERVICE IS:-

a. To establish an efficient and

performance based criminal Justice
system with ingrained sense of dignity,
trust and safeguarding the interest of
the State with neutrality and
impartiality.

b. To remove the biases inherent in the

system and ensure timely and
affordable justice and meaningful
remedies to the public at large in the
society.

c. To establish Prosecutorial
independence and to provide better
coordination in Criminal Justice
System of Province and to meet the
Government’s ideal “Joined up
Criminal Justice System”.

2
INTRODUCTION
a. The Government of Pakistan has
availed loan of 350 Million US Dollar
from Asian bank under Access to
Justice Program for introduction of
reforms in the Criminal Justice
System.

b. One of the policy action under Access

to Justice Program was creation of
independent Prosecution Service.

c. The share of Province of Balochistan

was fixed on the basis of NFC
formula and an amount of
Rs.1114.480 Million was received to
the Province during financial year
2007-08 out of which 80% share is
fixed for infrastructure development
whereas 20% for soft reforms.

3
d. Section 492 of Criminal Procedure Court say

“The Provincial Government may appoint,

generally, or in any case, or for any
specified class of cases, in any local area,
one or more officers to be called Public
Prosecutor”

e. The Government of Balochistan promulgated

Prosecution service (Constitution, Function,
Empowerment Act) in 2003.

f. The Government of Balochistan framed

Prosecution Service rules in 2006.

g. The Prosecutor General was also appointed on

30-08-2006.

h. Full fledged Prosecution Department was

created in 2007.

4
OBJECTIVES
 The main objectives of the creation of independent
prosecution service follows as under:-

A. Protection of rights, especially those of the poor and

disadvantaged.

B. Strengthening capacities to seek remedies through

formal and informal mechanisms.

C. Improving institutional capacities to provide remedies

in relation to adjudication, due process, enforcement
mechanisms (police and prisons), and civil society
efforts to foster accountability.

D. To prosecute each and every offender of Law before

the Courts and ensure dispensation of Justice by
providing every possible Legal assistance before and
during the Trial.

E. To reduce crime and the fear of crime.

F. To ensure the effective delivery of Justice.

G. To ensure that no real culprit goes unpunished and

no innocent citizen is harassed and suffers uncalled
for investigation and frivolous Trial.
5
EXISTING MANPOWER
EXISTING MANPOWER OF PROSECUTION
DEPARTMENT

S# Designation No of Post Status

1 Secretary Prosecution 1 Filled

2 Prosecutor General 1 Filled on contract basis

3 Additional Secretary 1 Filled

4 Deputy Secretaries 2 One Vacant

5 Section Officers 4 Filled

6 Private Secretaries 1 Filled

7 Stenographers 4 Four filled

8 Junior Clerks 8 Filled

9 Drivers 4 Filled

10 Naib Qasids 6 Filled

6
APPROVED
BUDGET OF
PROSECUTION
DEPARTMENT
 APPROVED BUDGET OF SECRETARY &
PROSECUTOR GENERAL FOR 2009-10

SECRETARY PROSECUTION DEPARTMENT

S# Name of Post BPS No. of Posts

1. Secretary B-20 1
2. Additional Secretary B-19 1
3. Deputy Secretary B-18 2
4. Section Officer B-17 4
5. Private Secretary B-16 1
6. Junior Scale Stenographer B-12 4
7. Junior Clerk B-07 8
8. Driver B-04 4
9. Naib Qasid B-01 6

Total posts 31

Total pay of officers 10,23,600/-

Total pay of staff 717,000/-
Total Allowances 14,24,000/-
Total Regular Allowances 130,000/-
Total Other, Allowances 124,000/-
Total Operating Expenses 20,73,400/-
Total General 260,300/-
Total Transfers 40,000/-
Total Repair & Maintenance 135,000/-
Total Machinery & Equipment 40,000/-
Total Furniture & Fixture 25,000/-

Total 54,13,000/-

7
PROSECUTOR GENERAL OFFICE

S# Name of Post BPS No. of Posts

1. Prosecutor General B-20 1

Total pay 233,460/-

Total Allowances 281,560/-
Total Other, Allowances 50,000/-
Total Operating Expenses 830,000/-
Total Communication 90,000/-
Total Travel & Transportation 310,000/-
Total General 430,000/-
Total Repair & Maintenance 50,000/-
Total Machinery & Equipment 10,000/-
Total Furniture & Fixture 5,000/-

Total 13,95,020/-

8
APPROVED SNE
FOR 2009-10
APPROVED SNE OF THE PROSECUTION DEPARTMENT
FOR THE FINANCIAL YEAR 2009-10

The Government of Balochistan has approved following

gazetted and non-gazetted posts for the Prosecution
Department, for the office of the Prosecutor General and District
Prosecutors at Divisional Headquarters.

APPROVED POSTS OF FOR THE OFFICE OF PROSECUTOR

GENERAL BALOCHISTAN

S# Name of Post BPS No.of Posts

1. Additional Prosecutor General B-19 3
2. Deputy Prosecutor General B-18 2
3. Superintendent B-16 1
4. Senior Scale Stenographer B-15 1
5. Assistant B-14 1
6. Librarian B-14 1
7. Junior Scale Stenographer B-12 1
8. Sub Accountant B-11 1
9. Junior Clerk B-07 1
10. Driver B-04 2
11. Daftari B-02 1
12. Naib Qasid B-01 2
Total posts 17
Total Prosecutor General (Charged) During 2009-10 1,23,67,900
) 10,98,2900/-
Others 13,85,000/-

Total 1,23,67,900/-

9
 APPROVED DIVISIONAL ESTABLISHMENT AT SIX
DIVISIONAL HEADQUARTERS

S# Name of Post BPS No. of Posts

1. District Public Prosecutor 18 01
2. J.S.S 12 01
3. Junior Clerk 07 01
4. Driver 04 01
5. Naib Qasid 01 01

TOTAL POSTS 05

Total Nos of post for each division 5 x 6 = 30

Total pay of officers and staff 321600 x 6 = 1929600/-

Total Regular Allowance 1047500 x 6 = 6285000/-

Grand Total: 82,14,600/-

SUMMARY

Secretary Prosecution Office 54,13,000/-

Prosecutor General Office 39,60,900/-
Divi: Estb: at Six Headquarters 82,14,600/-

Grand Total: 1,75,88,500/-

10
SHARE /
STRENGTHENING OF
PROSECUTION
DEPARTMENT UNDER
ACCESS TO JUSTICE
PROGRAM
STRENGTHENING OF PROSECUTION
DEPARTMENT UNDER ACCESS TO JUSTICE
PROGRAM

The Government of Balochistan has

created independent Prosecution service in
the province, as an important integral part of
criminal justice system.

The equitable and sustainable

strengthening of all the formal components of
the criminal justice system i.e investigation,
Prosecution and adjudication is strongly
emphasized under Access to Justice Program
to meet out the policy objectives of cheap
speedy justice and meaningful remedies for
all.

11
SHARE OF PROVINCES

The share of the provinces under Access to

Justice Financial Assistance is based on NFC formula,
with the details as below:-

Province Share Rs: (Million)

Punjab 51.62% 6133
Sindh 21.34% 2535
NWFP 17.44% 2072
Balochistan 9.60% 1140
Total: 11880

DETAILS OF DISTRIBUTION OF FUNDS AMONGST

PROVINCIAL IMPLEMENTING AGENCIES

Share of the different implementing agencies

in Balochistan province under Access to Justice
Program.

Judiciary including Law Department 41%

Police Department 14%
Prison Department 35%
Levies 8%
Provincial Ombudsman 2%

12
 DETAILS OF THE SCHEMES UNDER TAKEN AND
COMPLETED, DURING LAST THREE YEARS

S Description No of Approved Exp: Release Exp: Total

# Schemes Cost 06/08 2008 / 2008 / Expenditure
2009 2009
1 Judiciary / 29 369.237 324.654 31.274 0.000 324.654
Law Deptts:

2 Police 14 310.969 270.949 35.128 8.055 279.004

Department

3 Prisons 16 300.535 286.340 14.195 2.900 289.240

Department

4 Levies 06 70.614 67.627 2.987 0.000 67.627

Department

5 Provincial 01 15.000 15.000 0.000 0.000 15.000

Ombudsman

Grand / Total:- 66 1066.355 964.570 83.584 10.955 975.525

13
 From the above detail it is transpired that out of
total 66 schemes approved at the cast of Rs: 1066.355
Million, only one scheme of the Prosecution Department
approved and implemented at the cost of Rs: 24,57000
otherwise the department being important formal part of
the criminal justice system is badly neglected under
Access to Justice Program in contravention to the policy
objectives.

The reason for the above state of affairs appears

that as per PC I of the Access to Justice Program,
Judiciary & Law Departments has been declared as one of
the implementing agencies under the program with 41%
share with the total allocation of Rs:1140 Million and by
that time Prosecution Department was part of the Law
Department, but after creation of the independent
Prosecution Department the share of newly created
department is not determined out of the share Judiciary &
Law Departments.

14
 It is therefore, imperative that the
government of Balochistan P&D department
may determine / fix the share of the
Prosecution Department out of 41% share of
the Judiciary & Law Departments and kept
reserved for financing the proposed project of
the Prosecution Department under hard and
soft loan components.

Or

The Prosecution Department may

also included as separate implementing
agency under the program after making
necessary amendments in the PC I of the
Access to Justice financial assistant program
by referring the matter to the special review
committee of the Planning and Development
Department.

15
CRIMINAL CASES
PENDING ADJUDICATION
PENDING APPEALS/CASES BEFORE THE HIGH
COURT OF BALOCHISTAN QUETTA:-

Particular of Cases No of Cases

Criminal/Appeals/Jails Appeals Murdered 379
References.
Criminal Revisions/Transfer Applications 87
Quasmer Application.
Criminal Bail Applications 90
Total Pending Appeals/Cases 556

PENDING APPEALS/CASES BEFORE THE HIGH COURT

OF BALOCHISTAN SIBI CIRCUIT AT SIBI BENCH:

Particular of Cases No of Cases

Criminal Appeals/Jail Appeals Murdered 259
References.
Criminal Revisions/Transfer Application 29
Quashment Applications.
Criminal Bail Applications. 27
Total Pending Applications/Cases. 315

16
PENDING APPEALS/CASES BEFORE THE FEDERAL
SHARIAT COURT:

Particular of Cases No of Cases

Criminal Appeals/Jail Appeals Murdered 560
References.
Grand Total. 560

PENDING APPEAL/CASES BEFORE THE SUPREME

COURT CASES.

Particular of Cases. No of Cases.

Criminal Appeals/Bail Applications. Transfer 16
Applications Quashment Application.
Grant Total: 1447

17
CRIMINAL CASE PENDING ADJUDICATION BEFORE
DIFFERENT SESSION DIVISIONS

Column-A Column-B
S# Name of Pending S# Name of Pending
Session cases Session Cases
Division Division
1. Quetta 3421 10. Kharan. 178
2. Pishin 432 11. Usta 253
Muhammad
3. Loralai 268 12. Musa Khail. 46
4. Zhob. 93 13. Sibi. 294
5. Khuzdar. 396 14. Dera Allah 325
Yar.
6. Kalat at 295 15. Dera Murad 316
Mastung Jamali
7. Nushki 203 16. Dera Bugti. 49
8. Turbat 577 17. Kohlu. 25
9. Hub. 265 18. Panjgoor. 71
Total Pendency 5950 Total Pendency 1557
Grand Total of Column-A & B: 7507

18
ASSETS
 SECRETARY OFFICE

• Vehicle 1
• Computer 5
• Fax 2
• Photocopier 1
• Generator 1
• Furniture & Fixture

PROSECUTOR GENERAL OFFICE

• Vehicle 1
• Computer 1
• Fax 1
• Furniture & Fixture -
• Photocopier 1

19
PROPOSED
DEVELOPMENT OF THE
PROSECUTION
DEPARTMENT
ESTABLISHMENT OF PROSECUTION DEPARTMENT
AT SIX DIVISIONAL HEADQUARTERS

The Prosecution Department has proposed

construction of offices of the District Prosecutors at six
divisional headquarters i.e Quetta, Sibi, Loralai, Nasirabad,
Khuzdar and Kech during the financial year 2009-10 at the
total cost of Rs: 205,800,000/- i.e Rs. 34,300,000/- each
project at divisional headquarter.

COMPONENT OF THE PROJECT WITH COSTS

ESTIMATES

Purchase of Land.
Preferably state land will be availed for the project at
Approximate Cost
Divisional level .
Cost of two acre of private land if required. Rs.
3,000,000/-
Office and Residential Accommodation.

Office of the District Public Prosecutor and Assistant Public

Prosecutor and supporting staff with allied facilities and
boundary wall. Approx. cost. Rs.20,000,000/-

20
a) One Bungalow for Grade-18 Officer. Rs. 4,000,000/-
b) One Bungalow of Grade-17 Officer. Rs. 3,000,000/-
c) Two Residential Quarters for Grade-1 to 4 . Rs. 1,200,000/-
d) Tow Residential Quarters for Grade 5 to 10. Rs. 1,600,000/-
f) One Residential Quarters for Grade 11 to 15. Rs. 1,500,000/-
Total Approximate Cost of One Project Rs.34,300,000/-
1x6 Divisional Headquarter Rs.205,800,000/-

ADMINISTRATIVE JUSTIFICATION.

Criminal Justice System and Civil Justice System

comprises of different types of institutions with different
actors such as Police, Prosecutors Prison officials, social
workers, community leaders which are strongly inter linked
in the process of dispensation of Justice. It is therefore
crucial to recognize the importance of all the formal and
informal institutions comprising of justice system and make
balanced endeavourers for their sustainable strengthening
which will help to provide speedy affordable, meaningful
justice and remedies particularly to the poor and
disadvantaged people.

21
 Prosecution occupies a critical position between
investigation and adjudication, without quality prosecution
services, however good the quality of investigation and
adjudication may be the criminal justice system will not be
able to protect the weak and vulnerable, and bring persons
to account for wrongdoing. Quality prosecution is thus an
essential aspect of an effective criminal justice system
which facilitates investigation and adjudications to meet
the standard of justice prescribed by the law.

One of the policy action under Access to Justice

Program is the creation of independent prosecution
service. Since prosecution occupies vital position
between the investigation and adjudication of the cases,
therefore without strengthening linkages between all the
relevant formal structures , it will remain impossible to
achieve policy objectives of speedy, affordable justice and
remedies, particularly for the poor and disadvantaged
people.

Timely and affordable access to Justice by the

unprivileged class of this backward province is strongly
linked with the strengthening of Prosecution Department.
The Prosecution Department strongly contest its
strengthening and revamping to ensure better role and
performance as an important formal part of the criminal
justice system.

22
LEGAL JUSTIFICATION

Section 492 of Criminal Procedure Court

provides that,

“the Provincial Government may appoint,

generally, or in any case, or for any specified
class of cases, in any local area, one or more
officers to be called Public Prosecutors”

Further that the heavy pendency of

criminal cases before Hon’ able Supreme Court,
High Court and eighteen session divisions of the
province as reflected / discussed in the earlier
chapter justifies the approval and execution of
the proposed schemes of the Prosecution
Department to met out the policy objective of
cheap, speedy justice and meaningful legal
remedies for all.

The PC I of the proposed six schemes

have been prepared through C&W Department
and submitted to the P&D Department for final
approval and financing out of the share of
Prosecution Department under Access to Justice
Program.

23
UMBRELLA PC I OF
PROSECUTION
DEPARTMENT
 PROPOSED UMBRELLA PC I OF PROSECUTION
DEPARTMENT 2009-10

The Prosecution Department has also proposed

twelve schemes at the cost of 7,300,000/- for the
revamping / strengthening of its establishment and
capacity building of its staff under soft reforms
component of Access to Justice Program with the detail
below:-
S# Name of Scheme Cost

1 Prosecutor General Office Automation 400,000/-

2 Prosecutor General Office safe-keeping Access to retrieval 400,000/-
of records
3 Development of case progress review system software 300,000/-

4 Training of officers / staff Prosecution Department in 300,000/-

financial management
5 Training of officers / staff Prosecution Department in office 300,000/-
management
6 Training of officers / staff Prosecution Department in 300,000/-
monitoring & evaluation management
7 Training of officers / staff Prosecution Department in judicial 300,000/-
management
8 Secretary Prosecution office automation 300,000/-

9 Secretary Prosecution office conference room & multimedia 800,000/-

10 Setting up of reference libraries in criminal laws /PLD/for 800,000/-

PG office
11 Purchase of two vehicle for Prosecution Department 2500,000/-
12 Installation of intercom system in the office of Secretary 400,000/-
Prosecution Department
Total 7300,000/-

24
 The umbrella PC I is submitted to the
provincial director Access to Justice Program and
Planning & Development Department, Government of
Balochistan for its approval and financing out of the
Access to Justice Program detail of the schemes as
below:
.

Since the Prosecution Department is

badly neglected under Access to Justice Program
in the past due to non presentation of the
schemes under the hard and soft reforms
component by the department itself as well as by
ignoring the newly created department as one of
the important part of the approved implementing
agency i.e courts and Law Department as per
approved PC I. Therefore in realization of the
Prosecution Department as important integral part
of the criminal justice system the proposed
development schemes of the Prosecution
Department under the hard and soft components
needs to be attended on top priority.

25
SALIENT FEATURES
OF BALOCHISTAN
PROSECUTION
SERVICE ACT,2003
 CHAPTER 1-PRELIMINARY

Section: 2.
(d) “District” means a district notified under the Balochistan
Land Revenue Act 1967 (W.P Act,XVII of 1967), and
includes a City Distt: or a Capital City District;

(e) “Government” means the Government of Balochistan;

(f) “Head of Investigation” means a police officer

appointed as such in a Capital City District, City District
or a District under Police Order, 2002 or any law for the
time being in force;

(g) “Investigation Officer” means an officer of the law

enforcement agency competent under the law to
conduct investigation of offences within his territorial
jurisdiction:

(o) “Final Report” means final report as mentioned in

section173 of the Code:

(q) “Service” means the Balochistan Prosecution Service

established under this Act consisting of Prosecutor
General, Additional Prosecutor General, Deputy
Prosecutor General, Assistant Prosecutor General,
District Public Prosecutor, Additional District Public
Prosecutor, Deputy and Assistant District Public
Prosecutors and such other civil servants that the
Government may appoint as Public Prosecutors;

26
CHAPTER II-PROSECUTION SERVICE

Section 3.
(1) The Government shall establish a Service to be
called the Balochistan Prosecution Service.
(2) The members of the Service shall be appointed on
such terms and conditions as may be prescribed.

Section 4.
(1) The Government of Balochistan shall appoint a
Prosecutor General who shall be the head of the
service.
(4) The Prosecutor General shall be assisted by such
number of Public Prosecutors as the Government
may determined from time to time

Section 5.
(1) The Government shall exercise control over the
Service.
(2) The Administration of the service shall be vested in
the Prosecutor General.

Section 6.
(1) Subject to rules framed by the Government in this
behalf, the recruitment in the Service shall be
through a competitive examination held by the
Balochistan Public Service Commission.
(2) The Government may frame rules prescribing
qualifications and other eligibility criteria for
deputation to and induction into various posts of the
Service.

27
 This Bill may be called the Balochistan
Prosecution Service (Constitution, Functions &
Powers) Act, 2003. It shall extends to the whole
of Balochistan. It shall come into force on a date
notified by the Provincial Government in the
official gazette in the areas and to the extent as
stipulated therein.

The Government shall establish a Service

to be called the Balochistan Prosecution Service.
The members of the Service shall be appointed
on such terms and conditions as may be
prescribed. The Government of Balochistan shall
appoint a Prosecutor General who shall be the
head of the service.

The Prosecutor General shall be assisted

by such number of Public Prosecutors as the
Government may determined from time to time.
There shall be a District Public Prosecutor in
each district appointed by the Government. The
District Public Prosecutor shall be assisted by
such number of Public Prosecutor as the
Government may determine from time to time.

28
A Public Prosecutor, in discharge of his lawful duties
and in respect of a case, the prosecution whereof, is
lawfully assigned to him, shall perform the following
functions, namely: -

(a) It shall be the duty of a public prosecutor to

safeguard the interest of the state in prosecution of
cases before the competent courts,

(b) The Public Prosecutor being competent in

respect of a particular case or class of cases shall
on receipt of the final report: -

(i) send the same before the competent court for

trial: or

(ii) withhold the same for want of proper evidence

and return it to the investigation officer with written
direction to resubmit the report after removal of the
deficiencies so identified by him.

29
(c) In respect of compoundable offences other
than those which are punishable by death or life
imprisonment, the Prosecutor General and in
respect of compoundable offences punishable
with imprisonment for seven years or less, the
District Public Prosecutor, may withhold
prosecution if reasonable grounds exist for the
Public Prosecutor to believe that the same shall
be compounded.

Provided that if the offence is not compounded

within a period of one month, he shall send the
report in the competent court for prosecution
and trial.

(d) In respect of offences other than those

which are punishable by death or life
imprisonment, the Prosecutor General and, in
respect of offences punishable with
imprisonment for seven years or less, the
District Public Prosecutor, may apply supported
with reasons, to the court of competent
jurisdiction for the discharge of case if the
institution of the case has been found to be
malafide, wrongful or weak from evidentiary
view point:

30
 Provided that an application under this section
shall accompany the report under section 173 of
the Code:

Provided further that the competent court may

disposed off the application as it may deem fit;
and

(e) In respect of any case instituted by a public

prosecutor before a competent court, any
private person representing the complainant
shall act under the direction of the public
Prosecutor.

2 The prosecution of criminal offences shall be

conducted in the following manner, namely: -

(a) The investigation officer shall send the case

together with the evidence to the concerned
Public Prosecutor;

(b) Prosecution shall not take effect against

persons other than those designated as the
accused on the basis of available evidence, by
the competent Public Prosecutor;

31
(c) The Public Prosecutor shall have the right of
audience before any court in respect of any
case assigned to him;

(d) A public Prosecutor may, within his

jurisdiction, issue general guideline to police
officers regarding the state of their
investigation and other matters necessary
for the fulfillment of the purpose of effective
prosecution;

(e) District Public Prosecutor may ask Head of

Investigation in district to take disciplinary action
against investigation officer, where sufficient
reasons exist to believe that investigating officer
has colluded or has not exercised due diligence
in conducting investigation, misrepresented the
facts of the case or prepared the report
inefficiently; and

(f) The Prosecutor General or the District Public

Prosecutor may, when he deems necessary in
cases where police officers fails to follow any
suggestions or instructions of Public Prosecutor
under this Ordinance. Call for disciplinary action
against the investigation officer with the
competent authority and the Government.

32
3 The Prosecutor General shall keep liaison with
Advocate General to ascertain the progress of
criminal appeals and revision and other legal
proceedings pending before the Supreme
Court, High Court or any other court
established under the law
4 A Public prosecutor, in discharge of his lawful
duties and in respect of case lawfully assigned
to him,, may exercise the following powers,
namely: -
(a) Upon expiry of time period mentioned in the
Code for submission of final report or after
submission of final report, if necessary for
proper and through investigation of an offence,
a Public Prosecutor may request the court to
issue warrants for search, seizure or inspection
of evidence for compliance by the investigation
officer;
(b) A Public Prosecutor may call for record or any
other document from any law enforcement
agency upon expiry of time period mentioned in
the Code for submission of final report;
(c) District Public Prosecutor in case of offences
carrying seven years or less imprisonment and
the Prosecutor General for all other offences
may withdraw prosecution, subject to prior
approval of the Government.

33
5 (1) District Public Prosecutor shall keep the
Head of Investigation informed about the
outcome of prosecution of case.

(2) On the request of Head of Investigation.

District Public Prosecutor shall render such
advice, on matters pertaining to
investigation, prosecution and may matter
ancillary to these matters, as may be
necessary for effective prosecution.

(3) In those cases in which the prosecution

of an offence results in acquittal of the
accused or in cases when the punishment of
offence doses not appear to be
commensurate with the offence, the District
Public Prosecutor shall submit a report to the
Provincial Government in writing giving
reasons for the acquittal.

(4) Officer in-charge of a police station shall

report to the District public Prosecutor cases
of all persons arrested without any warrant
irrespective of whether such persons have
been admitted to bail.

34
 (5) At the end of each year, the Prosecutor General
shall submit to the Government of Balochistan a
report on the discharge of functions of the Service
during the year. The Government shall lay before the
Provincial Assembly a copy of the report received
form the Prosecutor General.

(6) The Prosecutor General shall issue guidelines for

the prosecutors on general principles for effective
prosecution of cases.

1 Subject to prior approval of the Government, the

Prosecutor General may at any time appoint a
person otherwise qualified who is not a member of
the service to institute or take over the conduct of
such legal proceedings in court as the Prosecutor
General may assign to him.

2 Any person conducting proceedings assigned to him

under subsection (1) shall have all the powers of a
prosecutor subject to any instructions by District
public Prosecutor.

35
POWERS AND
FUNCTIONS OF
PUBLIC
PROSECUTORS
1 The Prosecutor General shall: -

(a) Submit an annual report of the Service to the

Government within three months of the
conclusion of the calendar year to which the
report pertains Provided that the Government
shall lay the report before the Provincial
Assembly within two months of its receipt and

(b) Keep the Government informed about the

performance of the Service

2 A prosecutor, working under the supervision and

control of the Prosecutor General, shall keep the
Prosecutor General informed about the progress
of all the cases under his charge.

3 The District Prosecutor shall keep the Prosecutor

General informed about the progress of all
criminal cases in the district.

4 A Prosecutor, working under the supervision and

control of the District Public Prosecutor, shall
keep the concerned District Public Prosecutor
informed about the progress of all criminal cases
under his charge.

36
5 Where a Prosecutor is of the opinion that
an application for enhancement of
sentence or a revision should be filled in
any case, he shall refer the matter to the
District Public Prosecutor or the Prosecutor
General, who shall take appropriate
measures thereon under the law.

In case of acquittal by a: -

(i) Court in a district, the concerned District

Public Prosecutor; and

(ii) Special Court, the concerned Prosecutor,

shall report the details of the case to the
Prosecutor General along with grounds for
appeal and the Prosecutor General may
request the Government for preferring an
appeal.

7 A Prosecutor shall maintain an independent

file in the prescribed manner of each case
assigned to him for prosecution.

37
A District Public Prosecutor shall act as
a member of the Criminal justice
Coordination Committee established
under Article 110 of the Order.

9 A Prosecutor shall: -

(a) In all matters, perform his functions

and exercise his powers fairly,
honestly, with due diligence, in the
public interest and to uphold justice;

(b) On receipt of the police report, final or

interim, including a report for
cancellation of first information report
or request for discharge of an
accused, scrutinize the same and
process it under section 9;

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(c) Make such entries in the record and
registers as may be prescribed;

(d) Report to the District Public Prosecutor,

details of investigations, if any,
conducted in violation of law or
instructions issued by the Prosecutor
General or not completed in the time
provided under law without reasonable
cause and the District Public
Prosecutor may inform the head of
investigation and the Pr5osecutor
General for appropriate action; and

(e) Perform such other duties as may be

assigned to him under this Act b y the
Government or the Prosecutor General.

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GENERAL FUNCTIONS

1 Conduct of Government litigation:

(a) Representation in criminal cases;

(a) Appeals and applications for enhancement of

sentences and conviction.

2 Dealing with matters pertaining to criminal law

and procedure.

3 Government Law offices, Public Prosecutors,

Government Pleaders, Special Counsels,
appointment, transfer, leave, fees etc of.

4 Matters relating approval of appointments of

Legal Advisors and engagement of Legal
Practitioners made by the Statutory Bodies,
payment of their fees and termination of their
services.

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5 Defence of pauper accused in the courts and
fees to plead for such Defence.

6 Matters relating to functioning of public

prosecutors in their respective jurisdiction as
defined under Section-7 of the Balochistan
Prosecution Service (Constitution, Functions
and Powers) Act 2003.

7 It is duty of Public Prosecutor to safeguard the

interest of the State in prosecution of cases
before the competent courts.

8 To ensure conduct of prosecution in

accordance with Section-8 of the Balochistan
Prosecution Service (Constitution, Functions
and Powers) Act 2003.

9 District Public Prosecutor in case of offences

carrying seven years or less imprisonment and
the Prosecutor General for all other offences
may withdraw prosecution, subject to prior
approval of the Government.

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SHORT AND LONG
TERM
RECOMMENDATIONS
/ SUGGESTIONS
SHORT TERM

• The Prosecution Department play vital role

between investigation and adjudication
therefore, it is crucial to recognize its
importance and strengthen it on equal footing
to met out the policy objectives of timely,
affordable justice and remedies to the public at
large in the society.

• The strengthening and revamping of

Prosecution Department is completely
neglected under Access to Justice Program
therefore, the funds available under Access to
Justice Program in next phase must be
allocated on equitable basis for strengthening
of all relevant institutions involved in the
criminal justice system.

• The umbrella PC I of the Prosecution

Department submitted in the recent past needs
to be accorded priority and allocation of funds
out of balance available under Access to
Justice Program.

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• The Provincial Government may post senior
reputed and hard working officers in the
Prosecution Department so that the newly
created Department is raised on sound
footing and make fully functional within
shortest possible time.

• The Office of Secretary Prosecution

Department is set up in a privately hired
building which needs to be shifted to the
premises of the Civil Secretariat so that the
different Office involved in the administrative
and functional issues are conveniently
attended.

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 LONG TERM

Following long terms suggestions are offered to

cope with future challenges.

• The operational efficiency and organizational

effectiveness of the Prosecution Department needs
to be attended on top priority.

• The physical facilities office space and amenities,

information technology, library and legal materials,.
Modernize and computerize the operations and
systems of the department by automating records
management and developing a case management
system needs to be increased / improved.

• A comprehensive training opportunities within and

outside the country for Prosecutors needs to be
created to meet the challenges of sophisticated and
transnational crimes.

• The independence, capacity and skills of

Prosecutors’ shall be improved to raise Prosecution a
strong institution.

• The existing state of coordination and cooperation

between the Prosecution and investigating, Judicial
and other relevant agencies needs to be improved
substantially.

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• The research culture and capacity needs to be
developed for strategic and operational
management of crimes.

• The nature of crime has changed over the recent

years and has become much more sophisticated
and technological. In the interest of administration
of justice, the Prosecutors should have a much
higher degree of competence, and training linked
to better pays and emoluments. They should be
closely associated with the investigation from the
very beginning to ensure proper collection and
collation of evidence for successful prosecution.

• The Prosecution system as laid down in the Code

of Criminal Procedure 1898 is outdated and lot of
patch work has been added to it. The government
may substantially review the whole Prosecution
system threat barely and introduce new enactment
in this regard, wherein the Prosecution mandate
must be clearly defined.

• Prosecutorial operational procedure must be open

and transparent, with audit trails for decisions and
suitable management checks operated by high
principled and professionally qualified officials.

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• The independence of Prosecution must be ensured
through clearly defined and appropriately
distributed powers and responsibilities. The
Prosecutor General must be appointed on merit
and he should be responsible to Provincial
Assembly and not to a particular Office.

• Prosecution must be functional separate from

administration, adjudication, investigation and
other criminal justice-related functions.

• Powers, resources, incentives and capacity must

be adequate to discharge the prosecution
mandate.

• Well defined accountabilities to ensure

responsiveness to justice and prosecution needs.

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CONCLUSION
CONCLUSION

The Prosecution is a newly created

department which is facing lot of challenges at its
initial days. The Department needs serious and
constant attention of the authorities to attend and
address various problems, to ensure its growth as a
strong institution. Surely at the same time it also
needs the presence of devoted and committed
officers to face the challenges hampering the
development and strengthening of the newly created
department, who will have to work with extraordinary
zeal and courage to meet the ideal, and norms of
civilized society i.e timely affordable justice and
meaningful remedies for all.

To put the newly created department on

working track and make it efficient organ / formal part
of the criminal justice system as envisaged in the
policy, all out legal, financial and moral support is
required to be extended to the department and
officers working with commitment and sincerity to met
out the policy objectives.

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DISTRIBUTION

• Chief Secretary Government of Balochistan.

• Registrar High Court of Balochistan.
• Additional Chief Secretary (Dev:).
• Principle Secretary to Chief Minister.
• Secretary Law & Parliamentary Affairs
Department, Government of Balochistan.
• Secretary Home & Tribal Affairs, Government of
Balochistan.
• Secretary S&GAD, Government of Balochistan.
• Secretary Finance Department, Government of
Balochistan.
• Prosecutor General Balochistan.
• Provincial Director Access to Justice Program.
• P.S to Minister for Prosecution Department.

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