'Courts cant be blamed for executive failure

ISLAMABAD - The burden that rests upon the executive and the legislature cannot be passed on to the courts for releasing alleged terrorists and criminals if the executive and police fail in their duty. So often in the talk shows on various private channels the parliamentarians, lawyers and so-called experts were seen castigating the courts for the release of alleged terrorists and criminals, but the court showed restraint and ignored the criticism. The Supreme Court in its recent judgement on Karachi unrest has observed these facts that the judges couldnt enter upon a public or private debate about their performance or judgements even though the criticism was highly politicised and unjustified, as it often is these days. According to the judgement the courts could only act upon evidence and material presented before them by the executive authorities, therefore judiciary could not be blamed about that issue. In these especial circumstances it is for the government to ensure that cogent evidence to support prosecution is collected and presented in the court. It is for the legislature to provide processes for the protection of witnesses, policemen and judges and for the executive/government to fully implement these reforms. Intelligence sharing and action on intelligence that is uncorrupted by political or extraneous influence must also be ensured by the executive, the court further observed. The court has emphasised that a new culture of independent, depoliticised, and non-partisan prosecution comprising efficient, capable prosecutors would be established by the government to aid and assist the judiciary. The government must also depoliticise the administration/prosecution. This will be for its own good and for that of the nation. The courts will keep a watchful eye and strike down all illegal pressures and orders that are brought to their notice, it added.

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