Lacunae in judicial system
Chief Justice Iftikhar Muhammad Chaudhry on Tuesday remarked that no person can be kept in detention without any evidence. Raja Irshad, counsel of Inter-Services Agency (ISI) informed the bench that all the accused were sent to detention centers according to the law. A three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry resumed hearing of missing inmates of Adiala Jail. The bench also remarked that either bring evidence against the missing prisoners or release them. The security top echelons have been complaining about the holes in the existing anti-terrorism law, as a result of which terrorism suspects go scot-free by the courts for want of evidence, and then they continue with bloodletting of the innocent people and members of the security forces. From the remarks and observations by the judges in the case under reference, one can conclude that the seven accused of terrorism will be released.
In fact honorable judges also made observations about the inefficiency of the judicial system. Sheikh Azmat Saeed while delivering his address to the full court reference given in his honor to bid him farewell at his elevation as judge of the Supreme Court in May 2012, said: “Pakistan is perhaps one of the most regulated countries in the world with plethora of laws, yet the cherished goal of providing justice to the people remains illusive. It is the inefficiency of our legal system which has compromised its effectiveness. The procedures, rules, regulations and practices forming the basic fabric of the system were conceived in the 19th century and were perhaps best suited to the times”. Since the courts give their verdict on the basis of evidence, national assembly passed a fair trial legislative bill on 20th December authorizing the state to intercept private communications in order to apprehend terrorists.