Administration of criminal justice
MIAN ASHRAF ASMI
ADVOCATE HIGH COURT
Judges are mere mortals but the functions they perform have divine attributes .By the nature of their calling .they dispense under the law and provide relief. however , justice , in its generic sense is a relative concept and unless regulated by law .the dispensation ,notwithstanding the noble intent would be rather subject .(PLD 2014 S.C 1) Main purpose of the entire judicial proceeding is to find truth ,to arrive at a correct decision and to see that no innocent person is punished merely because of certain technical omission /s ob his part or on the part of his counsel .In case of capital punishment accused must be given reasonable opportunity of rebutting the evidence so brought on record .Fair and free administration of justice is primary and essentially obligation cast on the court of law constituted for the purpose.(2012 YLR 112(Bal.) Court is to administer the laws as are operative in the country and if such laws fail to achieve the desired result then it is the duty of the legislature to amend such laws suitably to make them affective .(2012 YLR 374) Procedural laws or technicalities cannot create hurdle in dispensation of substantial justice .(2012 YLR 398) Supreme object with the Court is always to administer even handed justice to parties in a criminal case without unreasonably leaning in favour of the without depriving the other party of its due right to offer defence .Court must keep the scale of justice even to both sides and the conduct of proceedings must visibly be reflective of its clean and un-biased mind in every sense .{2005 YLR 742}Each criminal case is to be adjudged In the background of its own facts and circumstance ,and the facts of two cases seldom co-inside .{2010 YLR 1815} Supremacy of law cannot be achieved without elimination of the police -whim factor in the administration of criminal justice .without unqualified allegiance to the rule of law whimsy ,defective ,poor and dishonest investigation tainted with mala fide ,is to going to be of much help for improvement of the system .{2009 PCR.L.J 889} proper place of procedure would be to provide stepping stones and not stumbling blocks in way of administration of justice .(PLD 2012 S.C 409 ) Court is not required to give decisions of cases in vacuum rather it has to consider facts as well giving a cause to a person to approach Court .{PLD 2010 S.C1} Citation of wrong provision of law does not bar the court from exercising having under right provision of law.(PLD 2015 Lah .68)All parties before law are equal irrespective of there gender ,{2013MLD 476} class ,creed and status .Court would have to do justice between the parties and is not supposed to discharge its function in an arithmetical or technical manner .{2013 MLD 1032} case should be decided on merits and for safe administration of justice Court are legal obligation not to nock out parties strictly on procedural and technical ground alone .{2013 MLD 41} justice should not only be done but must be seen to have been done .{2013 MLD 689 } Mere misquoting of any provision of law would not render an order illegal .{2013 MLD 588} Object behind all formalities is to safeguard paramount interest of justice and not to frustrate or defeat the ends of justice .(2013 MLD 287) it is an established proposition of law that who avers is to prove .plaintiff must stand on his own legs and have to advance cogent evidence to prove his case .{2013 MLD 913}
one in a particular manner .it must be done in that way and not otherwise .(2013 MLD1675) .
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