In Pakistan, public prosecution is a provincial subject. Thus, matters pertaining to administration and financial control of the prosecution service are within the purview of the provincial government. On the other hand, matters pertaining to rules of procedure and duties of prosecutors at criminal trials are governed by the Criminal Procedure Code of 1898.
The prosecution service throughout had remained under the home department, and had been regulated by the police from which the public prosecutors and deputy public were drawn from the ranks of deputy superintendents of police and inspectors. Under no condition was any officer below the rank of sub-inspector authorized to act as a prosecutor in any case.
In 1985, for the first time the prosecution was transferred from the administrative control of the police department and placed under the law department. the designations of prosecutors working as public prosecutors and deputy public prosecutors were changed to district attorneys and deputy district attorneys.
In 1994, the prosecution service was transferred back to the administrative control of the police. the district attorney and other designated law officers were transferred back to the police department at the same level as deputy superintendents of police, inspectors and sub inspectors.
In 2002, prior to the coming into force of the police order 2002, the prosecution service was again taken out of the administrative control of the police department and placed under the provincial law department.
Organizational Hierarchy of Criminal Prosecution Services
Presently, criminal prosecution services of a province are headed by the prosecutor general. The organizational hierarchy of criminal prosecution services is as under;
b.Additional Prosecutors General
c.Deputy Prosecutors General
d.District Public Prosecutors
e.Deputy District Public Prosecutors
f.Assistant District Public Prosecutors
A public prosecutor, an additional prosecutor general and a deputy prosecutor general perform their functions under the control and supervision of the prosecutor general. Subject to the general control of the prosecutor general, all other prosecutors within a district are under the control and supervision of the district public prosecutor.
The provincial government appoints a prosecutor general, who is the head of the service, on such terms and conditions as may be determined by the government. The prosecutor general hold office for a non-extendable period of three years. He may resign from his post during the tenure of his office by submitting his resignation in writing to the government. Whereas, the provincial government may, for reasons to be recorded in writing and after providing him an opportunity of being heard, remove the prosecutor general prior to the completion of his tenure, on the ground of misconduct or physical infirmity.
The prosecutor general have a right of representation and audience on behalf of the provincial government in all courts including the high court, the federal shariat court and the supreme court. The prosecutor general may delegate any of his functions to an additional prosecutor general or to a deputy prosecutor general.
Additional Prosecutors General and Deputy Prosecutors General The Provincial Government may appoint Additional Prosecutors General and Deputy Prosecutors General to conduct criminal cases in the Supreme Court, the High Court, the Federal Shariat Court or any other Special Court.
District Public Prosecutor
The provincial government appoints a district public prosecutor in each district, the officer incharge of the prosecution in the district. He conducts the criminal cases in district and session’s court, and special courts e.g anti terrorism, anti corruption and anti narcotics.
Deputy District Prosecutors.
They normally prosecute...