Two-week Skill-Based Training Program “Police-Prosecution ...sja.gos.pk/assets/events/15-Day Skill...

TWO-WEEK SKILL-BASED TRAINING PROGRAM “POLICE-PROSECUTION COOPERATION TRAINING FOR

PROSECUTORS AND INVESTIGATION OFFICERS OF SINDH”

16-04-2018 to 28-04-2018

Report

Supervised by: Mr. Justice Khilji Arif Hussain, Director General, Sindh Judicial Academy

Edited by:

Mr. Muhammad Shahid Shafiq, Ld. Sr. Faculty Member, SJA

Prepared by: Mohammad Murtaza Khan, I.T Expert/Faculty Member, SJA

Police-Prosecution Cooperation Training for Prosecutors and Investigation Officers of Sindh SJA

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Contents Preface .......................................................................................................................................................... 2

Day 1 ............................................................................................................................................................. 4

Day 2 ............................................................................................................................................................. 8

Day 3 ............................................................................................................................................................. 9

Day 4 ........................................................................................................................................................... 12

Day 5 ........................................................................................................................................................... 13

Day 6 ........................................................................................................................................................... 16

Day 7 ........................................................................................................................................................... 16

Day 8 ........................................................................................................................................................... 17

Day 9 ........................................................................................................................................................... 18

Day 10 ......................................................................................................................................................... 19

Day 11 ......................................................................................................................................................... 21

Day 12 ......................................................................................................................................................... 24


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Preface In the beginning of 1992, Hon’ble Chief Justice and Judges of High Court of Sindh felt the

importance of judicial education and training for judges and other legal practitioners in Sindh. The

realization of the vision appeared in the form of Sindh Judicial Academy, which was established

in May 1992 under a resolution of High Court of Sindh. In 1993, Sindh Judicial Academy

Ordinance, 1993 (Ordinance XVIII of 1993) was promulgated to provide legal cover to its mandate

and functions. In 1994, Sindh Assembly repealed the Ordinance by Sindh Judicial Academy Act,

1993 (Act IX of 1994) which was promulgated on 7th March 1993. The Preamble of the Act reads

as under:

“Whereas it is expedient to establish a Provincial Judicial Academy in the Province of Sindh, in

the manner hereinafter appearing”

Sindh Judicial Academy is performing the following functions according to Sindh Judicial

Academy Act, 1993:

a. Legal orientation, training of members of the subordinate judiciary, law officers and

members of the bar;

b. Continuing education of the members of the subordinate judiciary;

c. Holding of conferences, seminars, workshops, and symposia for improvement in

judicial system and quality of judicial work;

d. Providing information on legal and constitutional research;

e. To conduct departmental examinations of members of establishment of subordinate

courts and the High Court;

f. Publishing of journals, memoirs, research papers or reports; and

g. Performing such other incidental functions as may be approved by the Board or as may

be requisite to further its objectives

The Academy has been promoting the vision of its founders by devising training programs for the

stakeholders of judicial system, including police officers and public prosecutors. Realizing the

importance of public prosecutors in judicial system, a two-week skills-based training program was

designed with the financial support from UNODC.

The said training program was meant to enhance the capacity of public prosecutors by introducing

latest developments in the field of prosecution. Initially the program was attended by newly

appointed public prosecutors from the office of the Prosecutor General of Sindh and later

Investigators from the Police Department joined the training program.

Selected trainee prosecutors and Police Investigators were enriched with the following topics:

• Introduction to Criminal Justice System

• Roles and Responsibilities of Prosecutors and Investigation officers

• Role of Prosecutors during investigation


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• Submission of Challan

• Scrutiny of Challan

• Provisions of Pakistan Penal Code

• Sindh Criminal Prosecution Service (Constitution, Functions & Powers) Act 2009

• Framing of Charge

• Advocacy Skills/ in-courtroom skills

• Trial Evidence

• Juvenile Justice

• Qanun-e-Shahdat

• Forensic Evidence

• Chain of Command

• Pre-arrest & Post-arrest Bail

• Communication Skills

Permanent faculty members of the Academy took sessions on various topics while expert subject

specialists were invited to deliver lectures on variety of topics. The Training Program was held at

Sindh Judicial Academy campus from 16th – 28th April 2018.

Most of the trainers were Senior Judges and other subject specialists. They are:

1. Mr. Justice Khilji Arif Hussain, Former Judge Supreme Court of Pakistan, Hon’ble

Director General, Sindh Judicial Academy.

2. Mr. Justice Ali Aslam Jafri, former Judge High Court of Sindh.

3. Saad Qureshi District & Session Judge

4. Mr. Muhammad Shahid Shafiq, Sr. Faculty Member SJA.

5. Muhammad Azmat Qazi, Secretary, SJA and faculty member

6. Mr. Javed Ahmed Kerio, District & Sessions Judge.

7. Dr. Chaudry Waseem Iqbal, District & Sessions Judge.

8. Mr. Niaz Siddiqui, Ex-IG Sindh.

9. Dr. Naeem Zeeshan, In charge Training Coordination Branch, CPO Karachi.

10. Mr. Khalid Hussain Shahani, District & Sessions Judge

11. Mr. Saleem Buriro Prosecutor General, Sindh

Following outcomes were achieved from the training;

1. Code of Conduct for Prosecutors.

2. Check list for Examining Challan.

3. Draft SOP’s for Police and Prosecutors while they handle a case of juvenile.

4. Finding laws and case laws by browsing & surfing websites.

5. Sharing case laws on important issues

6. Exercises to record evidence of witnesses and statement of accused

7. Art of arguments-closing statement.

8. Inductive and Deductive reasoning in developing arguments.


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Two-week Skill-Based Training Program on

“Police-Prosecution Cooperation Training for Prosecutors and

Investigation Officers of Sindh”

(16-04-2018 to 28-04-2018)

Day 1

The first session was conducted by Mr. Muhammad Shahid Shafiq, the learned senior faculty

member and District & Sessions Judge. He shared

that while in judicial proceedings, all the concerned,

including Prosecutors, Investigator, Judges and other

concerned judicial staff keep blaming each other for

the failure of expeditious disposal of cases. He said

that we, as stakeholders, should play our role to

deliver timely justice.

Describing the mode of this training he said that he

would prefer skill-based training instead of surfing

through the books. In the training program, he said

that, they were going to see the difference between what they had learnt in the books and what

was actually happening. He also shared that notifying the code of conduct was also an objective

of the training program.


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Elaborating the responsibilities of the participants, Mr. Muhammad Shahid Shafiq said that as

Prosecutors their role was different as of an Advocate. He distributed a pre-assessment form

among the participants to collect data. The participants were instructed to mention ‘Agreed’,

‘Partially agreed’, ‘Not agreed’ and ‘Need some amendment’ against every statement.

Honorable Mr. Justice Khilji Arif Hussain, Director

General, Sindh Judicial Academy, in his inaugural

address said that the training program shall help us all

to see the flaws in the delay of cases. He mentioned

that indicating imperfections, defects and

shortcomings in any law was not their jurisdiction.

Rather to address the shortcomings in the capacity of

the stakeholders. He further said that in societies

where culprits are not punished, are the worst

societies. He added that, this act of leniency encourages criminals to become fearless and as a

result, the crime rate increases.

Honorable Mr. Khilji, described the importance of the prosecutor’s office and declared its

function as very important in justice system. He emphasized that if you see that the facts and

figures are unfolding that there is nothing in this case so work for a rapid acquittal instead of

prolonging the case, similarly, if the facts are defining that someone is guilty of a criminal offence,

expedite in proper proceedings.

Honorable Mr. Justice Khilji Arif Hussain said that the dilemma of our society is that we have lost

the consciousness between right and wrong, you have an extra responsibility on your shoulders

to draw a clear line between the right and wrong. Mentioning the course and faculty of this

training the Honorable Director General said that we have the best available faculty for this

course so be attentive in the sessions, ask questions and improve your knowledge.

Mr. Aftab Shoaib, Training Manager UNODC conducted the next

session. He delivered his presentation on Leadership. He started his

presentation by describing the difference between Leader and

Manager. He shared that a Manager follows the given SOP (Standard

Operating Procedures) and TOR (Terms of Reference) whereas a

Leader is the one who creates an inspiring vision of the future/change,

motivates and inspires people to engage with that vision. He also

shared that a leader is a person who influences a group of people

towards the achievement of a goal and this ability to influence others

is the derivation of: -

Interpersonal Communication

Conflict Management

Problem Solving


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Discussing the interpersonal communication Mr. Aftab said that Leadership is a direct function

of three elements of interpersonal effectiveness: -

Awareness

Skills and Abilities

Commitment

He said that awareness is a state of realization of oneself and others, events and situation

whereas skills and ability is the understanding of issues. Elaborating the commitment, he shared

that it is the state or quality of being dedicated to a cause, activity, etc.

Unfolding the skills and abilities of a Leader, Mr. Aftab said a Leader should consist the following

qualities:

Character

Authenticity

Guiding Vision

Planner

Communication

Modesty

Passion/ Courage

Honesty/ Empathy

Trust/ Empowerment

Optimistic

Explaining the element of Commitment, he shared that it’s a willingness to give your time and

energy to something that you believe in, or a promise or firm decision to do something. One

should completely aware that one’s decision whether its positive or negative makes difference

on the lives of others; negative impact on some and positive on some. He said that for running a

wrist watch, it is necessary that all components including gears and wheels (no matters how tiny

one would be) should work properly, otherwise, the whole mechanism would stop.

Moreover, he elaborated the difference between the qualities of a Leader vs. Manager by

showing the following table:

Categories Leadership Management

Essences Change Stability

Focus Leading people Managing work

Have Followers Subordinates

Horizon Long terms Short terms

Seek Vision Objectives

Power Charisma/ Influence Authority/ Position

Energy Passion Control


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Appeal to Heart Head

Risks Takes Minimizes

Conflict Uses Avoids

Credits/ Blames Gives/ Takes Takes/ Gives

Finally, he concluded his presentation by inviting the participants to think out-of-the-box, make

research and development as an essential part of your life and initially, don’t think how to bring

improvement, just analyze your mistakes and errors.

Mr. Javed Ahmed Keerio, District and Sessions, Judge delivered a presentation on defective

prosecution and its effects on final verdicts. He explained the reasons

for defective prosecution:

Lack of cooperation between Police and prosecution at the

investigation stage

Lack of training and competent prosecutors:

Protection of witnesses:

Adjournment requests by lawyers and delay in fixation of cases

by judiciary

He shared that investigation is the backbone of every criminal justice

system and prosecution is responsible to prove the crime of accused

beyond reasonable doubt and accused is presumed to be innocent

and cannot be convicted in absence of trustworthy, confidence inspiring evidence.

Mr. Keerio also defined the investigation in brief and said that all the proceedings for the

collection of evidence conducted by a police officer or by any person who is authorized by a

magistrate in this behalf. He shared that a good investigation is a rigorous process that consists

of identification, collection, preservation and presentation of evidence in court of law. In other

words, he said that, investigation means scrutiny, search or an inquiry into a matter to find out

truth, to know about facts or solve crime.

Mr. Javed Ahmed Keerio engaged the participants in an exercise in which a case was given for

solution on causes of defective prosecution.


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Day 2

In the first session Mr. Muhammad Shahid Shafiq discussed initial stages of trial and role of

prosecutor while granting remand. He also discussed briefly how a witness, recorded

identification parade and confessional statement is examined during trial and what would be

precautionary measures to be observed by the prosecutor.

He discussed that before the date of hearing, the concerned Magistrate who is expected to

appear in court as witness may be approached before date of hearing requesting him to bring all

necessary documents wiz application of the IO and the memo of ITP or the confessional

statement as the case may be.

Mr. Shafiq asked the trainers to work in groups and respond to an exercise. Each group was

consisting of two trainees. Their written responses on the exercise

were briefly discussed.

Mr. Khalid Shahani, District and Sessions Judge spoke about the

process and procedures of filing revision application. He referred

Section 418 of Cr.P.C. under which a revision is filed. He shared that

how it is to be articulated and what type of issues may be agitated in

criminal revision.

Mr. Zeeshan, training coordinator from Police Department spoke

about Police rules which are relevant to investigation process and

according to him these are to be the knowledge of prosecutors so

that they may be able to scrutinize the challan sheet effectively and

meaningfully.

Mr. Salim Akhtar, Additional Prosecutor General discussed in detail Criminal Prosecutor Service

(Constitution, Functions and Powers) Act, 2009. He also shared practical issues which are

normally faced to prosecutors while they perform their duties. He emphasized on Section 9, 9-A,

10 & 11 of the Act which defines prosecutor’s role on completion of investigation.


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Day 3 In the first session, Mr. Muhammad Azmat Qazi, Secretary Sindh Judicial Academy and the faculty

member, delivered his lecture on Communication Skills. After a brief

introduction, he discussed the purpose of a language, why to learn a

language and the role of English language in our profession. He said

that unfortunately, we use difficult language, phrases, words and

punctuations; hence it is difficult to understand.

Describing the importance of Prosecutors’ drafting, he said that, it may

decide the fate of a person, family or a community. He also defined the

role of short-term and long-term memories. Later on, a questionnaire

was distributed among the participants. The purpose of this

questionnaire was to collect the data, analyze the proficiency of

trainees and structure the rest of training with respect to their

capabilities.

In the next session, Honorable Mr. Justice Ali Aslam Jafri,

Consultant Sindh Judicial Academy, delivered a lecture. This was a

lecture with reference to Qanoon-e-Shahadat particularly with

reference to defining of evidence and relevancy of facts.

While defining the evidence itself effort was taken to clarify the

difference between various kinds of evidence particularly primary

evidence and secondary evidence. The participants of the lecture

were also made to understand as to how and when recording

evidence can be produced and what are the conditions to be followed under the law.

Mr. Javed Ahmed Keerio and Mr. Muhammad Shahid Shafiq conducted joint sessions from 02:00

pm to 05:00 pm. As per schedule, topic of the day was ‘How to prepare witness and identify

documents to be produced in Court?’ but it was changed and Role of Prosecutor in juvenile’s trial

was discussed in detail. It was shared that now a Prosecutor should act while dealing a case of

juvenile.

Mr. Javed Ahmed Keerio explained important prosecution of the Juvenile Justice System

Ordinance 2000 and the Sindh Children Act, 1955 whereas Mr. Muhammad Shahid Shafiq

explained the role of prosecutor during trial of juvenile. Main features of discussion of both

speakers are as under:

1. The prosecutors are responsible for the conduct of prosecution on behalf of the

Government. The Prosecutor is a lawyer, a government attorney, who represents the

victim in a court case and who tries to prove that the accused person is guilty.

2. In the case of juvenile justice under JJSO, there should be at least one Public Prosecutor

in a district whose role and responsibilities are given below:


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To assist the Court and Police.

Act as liaison officer dealing with Police and Judiciary of the juvenile justice system.

Identify cases where diversion is possible and bring this in the notice of court.

Assist Court in disposing of bail matter and main case of juvenile within stipulated

time.

3. Important actions of the Prosecutor should be -

Scrutinize the report.

Is a young person involved? Yes or No

If yes, is it a case of violence?

Is a young person a victim?

If not, have the Police gathered info on Age?

If not, ask the Police to collect info as per PLD 2004 Service Charges 758

Has the forensic evidence been collected?

if yes, collect past crime record.

If yes, determine the type of evidence collected and how to use it in proving your

case?

Is the young being held in a youth prison?

Is the juvenile being transported separately as per JJSO

4. Prosecutor should do -

Provide technical assistance related to specific sections of JJSO to the investigation

agency and the Court in dealing with the matters relating to Juveniles.

Act as liaison officer among Police and Judiciary relating to the juvenile justice system.

Maintain proper record of the juveniles and assist Court in calling report from

probation officer with regards to juvenile’s social and education status.

Identify cases where diversion is possible and bring in the notice of Court.

Collect past criminal record of a juvenile and produce it before Court prior to the final

verdict.

Maintain proper record of juveniles who were earlier provided counseling services

through Social Welfare Officer or Psychologist/Therapist.


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Assist Court in disposing of bail matters and main cases of juvenile within a period of

four months as provided in law and attempts may be made to get them released on

probation in case they found guilty instead of sending to a place of detention.

Play leading role among all stakeholders of the juvenile justice system.

Scrutinize the report of investigation agency in dealing with the matters relating to

juveniles.


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Day 4 The first session was scheduled for communication skills. Mr.

Muhammad Azmat Qazi delivered an activity-based presentation. In

the first activity, each trainee was asked to share about

himself/herself as much as they like including name, reason for

choosing the law profession and the expectation from this course. In

the second activity, the trainees were asked to select five factors

from given list in order of preference they consider essential for

achieving success in their life. He also shared the power of mind and

effective sentences.

Mr. Muhammad Shahid Shafiq gave an exercise to the trainees. It

was about the trial, in particular, recording evidence of a witnesses.

Relevant documents of the criminal case including statement of

witnesses given to them and they were asked to record examination

in chief in the form of question answer.

In two consecutive sessions, Mr. Javed Keerio discussed the re-examination of prosecution

witness and raising the objection. He explained the FIR/complaint under Section 154. Describing

the investigation in a criminal case, he said that criminal

investigation is an applied science that involves the study of facts,

used to identify, locate and prove the guilt of an accused. He also

explained the complete criminal investigation, that includes, arrest,

searching, interviews, interrogations, evidence collection and

preservation and various methods of investigation.

Mr. Keerio elaborated the Charge. He shared that when a person

is charged with a crime, a formal allegation (a statement not yet

proven) of an offense is made. He also shared that once convicted,

the person has been proven or declared guilty of the offense. He also

added that a person is convicted after a legal trial. He also explained

what evidence in a criminal case is.


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Day 5 In the first session, Mr. Javed Keerio discussed the recalling of witness with the relevancy of

Section 540 Cr. PC. He also elaborated Section 265-f ‘the evidence for prosecution’ and its Sub-

Sections. He referred the following case laws:

2003 mld 1296. Muhammad Yaqoob V/S sessions judge, Kousar & 2 others

KLR 1995 cr.C.127. Aamna Bibi V/S Kashif-ur-Rehman & another (Quetta DB).

1997 MLD 1358. Nusrat V/S the State (FSC).

1997 MLD 2221. Ali-Nawaz & 8 others V/S the state (Karachi)

2000 PCRLJ 372. Mukhtar Ali & 3 others (Karachi).

Mr. Muhammad Shahid Shafiq, shared relevant website where

judgement of apex courts of Pakistan and India may be

downloaded. He shared Indian website https://indiankanoon.org/,

http://prosecution.punjab.gov.pk/, http://pja.gov.pk/,

https://www.pakistanlawsite.com/ etc.

He elaborated that how the data can be downloaded and what

types of data is available there. Trainees were asked to find specific

laws and case laws to which they did. He also shared that PLD

Publisher’s website https://www.pakistanlawsite.com/ is subject to

membership. He also described the common features of this

website:

❖ Access to Case-Law Reported in PLD, SCMR, CLC, PCr. LJ, PTD, PLC, CLD, MLD, YLR, GBLR.

These Case laws are monthly updated and kept in the “What’s New” section of the site.

❖ One of the main feature of pakistanlawsite.com is the access to reported caselaw through

different sections of the site.

❖ All the searches are designed to focus on user's requirements.

❖ One can search caselaw through specific keywords and sections by typing them in Caselaw

search text box. This is the most significant search of the site as it puts the entire data of

the site within the reach and one can use key words to limit it to a relevant section.

❖ The site also provides the access to Statutes. One can access most of Federal and

Provincial Statutes. Just type in the portion of name of the statute or year in statute search

text box and one can view the statute.

❖ Legislation, Notification, SRO, circular, General Order, Forms are also available on the

website.

Mr. Shafiq, shared that Indian Kanoon is a free search engine for Indian law that provides:


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❖ access to more than 1.4 million central laws, and

judgments from The Supreme Court of India, 24

High Courts, 17 law tribunals, constituent assembly

debates, law commission reports, and a few law

journals.

❖ access to Indian legal “documents”. It also

provides a state of art “search functionality”

over these documents. It also shows

portions of a given document that contains

a query that we call “document fragments”.

❖ Word and Phrase search

❖ Operators Beside phrase search, words can

be combined by ANDD, ORR and NOTT

operators. For example, 'murder ORR

kidnapping', 'murder ANDD NOTT

kidnapping' etc.

❖ Restricting search by date: You can restrict

the dates by going in advanced search and

changing the from date and to date.

❖ Title and Citation Search: A search on the

main box will automatically query the titles

and the citations (like "1977 AIR 1579").

❖ Author and Bench search: One may also like

to look for documents written by a particular

judge/bench

Mr. Shafiq, also shared that each Honorable High Court has its own website where important

judgments are available and decisions of important cases can be downloaded. For example:


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Mr. Shafiq, in his second session of the day, discussed at length relevant provisions of law viz 130

to 143. Difference between examine chief and cross examination was made understood. The

participants were given task to record examination of chief of a witness. It was informed that

during examination in chief leading questions cannot be put to the witness. Whereas in cross

examination leading question is to be asked. In examination in chief witness should speak as per

previous statement and activities the witness did in investigation. Whereas in cross examination

there is no such a limit. They were given exercise. Trainees in group worked. They by using

statement of witness recoded 161 Cr. PC. got recorded statement of witness. They could know

the nature of questions that may be put to witness during examination in chief and cross

examination.

Mr. Muhammad Azmat Qazi, shared the knowledge on paragraph writing. He discussed the

patterns of organization: chronology and process. He explained the RENNS (Reason, Example,

Names, Numbers, Senses) Test with an example.


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Day 6 In the session of communication and presentation skills, continuing from his previous session,

Mr. Muhammad Azmat Qazi talked about the analysis of the paragraph. He explored the given

example under the RENNS Test structure. He also shared ‘what is mentioned in an FIR?’

Mr. Qazi elaborated the Deductive Reasoning and Inductive Reasoning. He also elaborated the

patterns of organization. He shared the chronology and process in writing. He also shared the

ways to arrange sentences in a paragraph.

Honorable Mr. Justice Ali Aslam Jafri delivered a lecture

with relevancy of facts which is most important part of

the Qanoon-e-Shahadat. It was pointed out to the

trainees that the evidence collected during the

investigation by the concerned quarters should be kept

in mind by a prosecutor. The other important duty is to

produce the evidence in such a manner that irrelevant

pieces of evidence are not brought on record. Unless the

material collected by the investigating agency is placed

in the systematic manner before the court and the

witness understands before giving its evidence fully

about his case.

The participants were therefore advised to go through Chapter-II and Chapter-III minutely and

discuss every provision of law with their colleagues or other seniors from time to time. It was also

pointed out that by repeatedly going through the specific provision of law viz article of Qanoon-

e-Shahadat, one becomes familiar with the terminology used in the law and their real spirit.

A tour of ATC Court was arranged by the Academy for the participants where they witnessed the

actual proceedings of the courts. They were also sensitized with the other functionalities of a

running court.

Day 7 Continuing from his previous session, Mr. M Azmat Qazi described how to arrange the sentence

by time. He said that the events are arranged according to time: in whatever order they took

place. He also said that using time sequence is a very natural and easy way to organize a

paragraph. He decorated his presentation with an example and a paragraph to elaborate the

topic. Similarly, he shared the arrangement of sentences by location with an example and a

paragraph.

Two sessions were conducted by Mr. Muhammad Shahid Shafiq. The first session was a practice

session. Statement of witnesses recorded under Section 161 Cr. PC, were shared and they were

asked to prepare examination-in-chief of witnesses in question/answer format. They were also

asked to demonstrate what they have written. They were divided in five groups, each group


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members played their role as prosecutor, witness, defense advocate and judge. They were

assisted and guided during mock activity. Groups also commanded on each other performance.

The object of the activity was to make them understand how a witness is examined and what

types of questions are to be put during the examination-in-chief and cross-examination. The

practice continued to the next session.

Mr. Javed Keerio discussed ‘The Anti-Terrorism Act, 1997’. He shared the scope of Anti-

Terrorism in Pakistan Latest case law, that is, P L D 2016 Supreme Court 951. He also shared

Procedure and powers of Anti-Terrorism Court.

Day 8 Mr. Javed Keerio discussed the FIR under section 154 criminal procedure code. He also discussed

what is an investigation in a criminal case. He also explained what the charge is.

Explaining what an evidence in a criminal case is, Mr. Keerio said that evidence governs the use

of testimony, that is, oral or written statements, such as an FIR, physical objects, documentary

material, or any kind of evidence which are admissible/allowed to be considered by the court in

a judicial proceeding. He also shared examples on the subject.

In his session, Mr. Muhammad Shahid Shafiq explained the

statement of witnesses recorded in court with the assistance of

previous statement of witnesses recoded by IO (Investigation

Officer). These statements of were used in formulating

statement of accused under Section 342 Cr. PC. They were also

shared statement of one of the accused recorded under Section

342 Cr. PC. It was asked to notice whether all necessary

questions have been put to the accused or the statement needs

improvement and in case a question is to be articulated they

may suggest. They were shared a few case laws on the point of importance of statement recorded

under Section 342 Cr. PC. It was shared that most of the time a

question in respect of recovery is put to accused but a question

with regard to expert’s opinion is not asked. In the case of Imtiaz

alias Taj vs State on Honorable Supreme Court observed that a

question about forensic science report was not put to accused at

the time of recording his statement.

Honorable Mr. Justice Khilji Arif Hussain, in his session, made a

discussion on how to cross examine the defense witness. He

shared the useful tips for the process. He also shared how to

prepare yourself for a Cross Examination of a Witness. The


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Honorable DG opened the session where he answered the questions made by the trainees.

Day 9 The first session was conducted by Mr. Javed Keerio. He delivered a presentation on ‘Chain of

evidence’. He described the kinds of Evidence under Qanoon-e-Shahadat Order, 1984, namely:

➢ Original evidence

➢ Un-original Evidence

➢ Direct Evidence

➢ Real Evidence

➢ Circumstantial Evidence

➢ Personal Evidence

He also discussed the relevant provisions including Articles 155 through 157 of Qanoon-e-

Shahadat order, 1984 with their scope. He also shared the condition precedents to invoke the

provision of Article 155, parameter to determine correctness of record made and the right of

cross-examination of Adversary 157.

Delivering an expert opinion, Mr. Keerio said that “general rule is that the opinions of a witness,

who have not seen, heard or perceive the alleged incident by him is not relevant. However, Article

59 to 65 is exceptions to this rule. It is provided that the opinion of witnesses possessing peculiar

skill is admissible, whenever the subject matter of inquiry is such that inexperienced persons are

unlikely to prove.”

Mr. Keerio also discussed the relevant provisions of Qanoon-e-Shahadat. He concluded that

Qanoon-e-Shahadat order provides rules, kinds, types of evidences and the manner of recording

evidences of witnesses as well as consideration of documents in evidence, etc.

Advocate Dr. Rana Khan discussed the role of forensic science in

criminal justice system. Describing the experience of a

prosecutor, she said that a prosecutor usually has knowledge

more than any Advocate due to his multi-field experience. She

defined the terms forensic and forensic science. She also defined

the following objectives of forensic science:

High Success rate in Crime Control.

Public Safety.

Accreditation of standards.

Safe Convictions

International Recognition.

Access to justice.

Sharing the importance of forensic experts their role and responsibilities she said that the

forensic experts are duly bound to examine about the forensic analysis regarding the


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documentation and photograph. She also elaborated the attributes that a forensic expert should

possess:

Forensic Physicist

Scientist of Forensic Chemistry

Forensic Biologists

Serologist

Ballistic Expert

Toxicologists

Documentation Expert

Dr. Khan also elaborated the forensics and human rights. She pointed out that our system of

investigation is not up to the mark. At the end, she concluded her session with the following

words:

“I would like to say that all the stakeholders of criminal justice system are duty bound to know

the basic importance of Forensic Investigation and its related laws, procedure and proceedings

so that the criminal cases may be concluded properly by applying the scientific techniques and

finally the justice can be done without any doubt, ambiguity and delay, than in sha Allah we will

get the ultimate goal of dispensation of free and Impartial justice for all and impunity for non”.

Day 10 Mr. Adnan Ahmed Awan from GIZ, Pakistan delivered a presentation on Using Forensic Evidence

in Pakistan: A Primer for Prosecutors. He shared the nature and importance of forensic evidence

in criminal investigation. He also shared effective use of forensic

evidence. He shared the facts of scientific infrastructure of all

provinces of Pakistan.

Mr. Awan also discussed the legal framework in accordance with

Qanoon-e-Shahadat Order 1984. He said that he is keen to look

forward for a better cooperation between the two institutions.

As a federal enterprise, GIZ supports the German Government in

achieving its objectives in the field of international cooperation

for sustainable development.

In his session Dr. Ch. Wasim Iqbal, District & Sessions judge made a discussion on the topic of

hostile witness. He defined and explained the various types of witnesses:


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Prosecution Witness

Defense Witness

Expert Witness

Eye Witness

Hostile Witness

Child Witness

Dumb Witness

Chance Witness

Accomplice Witness

Identification Witness

Interested Witness

He also explained the definition of hostile witness and the relevant provisions of law. To

elaborate the subject, Dr. Iqbal discussed the recent case laws. He also discussed the Cross

Examination and its purpose. He explained the measures that should be taken to carefully plan

the cross examinations. He also explained how to be flexible during the planning, how to define

the strategy, what are the supportive cross and fact witnesses.

Later on, an exercise was given to the trainees to understand the subject.

Two continuous sessions were conducted by Mr. Muhammad Shahid Shafiq. He discussed and

explained Juvenile Justice System. He explained the international obligations of the subject. He

also briefly discussed the investigation and trial procedure. The trainees were also sensitized

with criteria for determining age of juvenile.

Ms. Kelly B. Lake, Resident Legal Advisor U.S Department of Justice visited to Sindh Judicial

Academy on April 26, 2018. The Honorable Mr. Justice Khilji Arif Hussain, Director General, SJA

informed Ms. Lake about ongoing Police-Prosecution Cooperation Training for Prosecutors and

Investigation Officers of Sindh and shared that this two-week skills-based training program was

designed with the collaboration of UNODC. He also shared that the same training was meant to

enhance the capacity of public prosecutors by introducing latest developments in the field of

Prosecution.


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Ms. Kelly B. Lake visited the training session and shared her experiences with the participants.

She appreciated the initiative and hoped that such training programs would continue in future.

Day 11 It was an open discussion session in which the prosecutors and investigation officers were

invited to give suggestions for which this two-week skill-based training program on “Police-

Prosecution Cooperation Training for Prosecutors and Investigation Officers of Sindh” was

arranged. The participants shared their grievances and gave the ideas for better cooperation

between the two institutions.

Following dignitaries represented their respected institutions:

Honorable Mr. Justice Khilji Arif Hussain, DG, Sindh Judicial Academy

Honorable Mr. Justice Ali Aslam Jafri, Consultant, Sindh Judicial Academy

Mr. Muhammad Shahid Shafiq, District & Sessions Judge, Sindh Judicial Academy

Mr. Sharjeel Kharal, DIG Trainings, Police department

Mr. Ayaz Hussain Tunio, Prosecutor General Sindh, Prosecutor department

Mr. Waqas, UNODC

Mr. Aftab Shoaib, UNODC

The Honorable DG, SJA welcomed the respectable participants and representatives. He

encouraged the trainees to openly take part in this session so that we may come to a solution for

a better cooperation among the stakeholders. He said that you people might have some

grievances with each other; share them, keeping one’s self-respect in your mind. He emphasized

to unfold the problems one by one and step by step. He again emphasized on the right selection

of words for not hurting anyone’s self-worth.


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Most of the Prosecutors complained that the investigation officer does not usually interact with

them and there is a huge communication gap between the two stakeholders. The Investigation

Officers complained about the lack of resources, shortage of time and heavy burden of cases on

their shoulders. Mr. Chandar Mal, the Prosecutor from Khair Pur shared that Mr. Peer

Muhammad Shah, SSP arranged several workshops for Prosecutors and Investigation Officers

during his tenure. He also shared that because of this practice, the cooperation and

understanding increased, hence, the conviction rate also increased.

Mr. Muhammad Shahid Shafiq shared that we have made a package of several relevant case laws

and we are working on developing SOP’s for the proper guideline. He also shared that the Police

Protection Act is not properly implemented. He pointed out that in Lahore, there is a system

where the witnesses are properly protected. He raised a question for discussion that whether in

identification parade, the investigation officer should seek the assistance from the prosecutor or

not.

Answering to the question, a Police Officer said that in the ATC, the meeting was possible. He

pointed out that it is very difficult to find Prosecutors as there is no

proper sitting arrangement for them. He suggested that there should

be a schedule of meeting stipulated on daily basis. He also suggested

that there should be an authority for pointing out the errors made by

the officers of both departments. Replying to a question raised by Mr.

Shafiq, an investigation officer said that we don’t have a proper access

to CFMS.

Mr. Sharjeel Kharal, DIG Trainings assured that he will look into the

matter of the I.O wing. He also assured that he will go through a

research and analysis for the burden of cases on each individual.


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Mr. Ayaz Hussain Tunio, Prosecutor General Sindh said that he is thankful to Sindh Judicial

Academy for arranging this program and meeting. He assured that he will make proper seating

arrangements for the Prosecutors. He pointed out that if the

lacunas are recovered at the early stage, the rest of the proceedings

may get easier. He again assured that he will definitely work his best

to make a proper infra-structure for his officers. He said that out

duty is to help the I.O’s and if any of the investigation officer does

not find a proper assistance, he should directly contact to him. Mr.

Tunio also invited his Prosecutors for suggestion and ideas. He said

that he is open for any proposals and recommendations.

Honorable Mr. Justice Khilji Arif Hussain, shared that the Honorable

High Court of Sindh is already working Video Conferencing

Technology and this project is underway. He shared that this is just starting, we are going to have

several batches of this skill-based training program. He requested both institutions to have a

good cooperation between them and offered the Sindh Judicial Academy as a platform for that.

Mr. Waqas of UNODC delivered his presentation on organizational communication. He discussed

the definition of communication and explained why communication is important at work place?

He also elaborated the process of communication. He also discussed the types and ways of

organizational communication. He pointed out the barriers to effective organizational

communication. He also explained the six ‘C’ of effective communication. Finally, he revealed the

tips of good communication with active listening.

Mr. Niaz A. Siddiki, the former IG Sindh Police conducted a session on expert evidence. He

explained the two types of Evidence, that is, Testimonial Evidence and Physical Evidence. In an

interesting memory challenging exercise, the trainees were shown a picture and they were

directed memorize all 20 items of the picture in 30 seconds. They were NOT allowed to write

anything down and they were allowed to talk to anyone else.

Mr. Siddiki, shared interviewing techniques and how information is retrieved can make a

difference in accuracy of witness’s account. He also shared

the other important factors when weighing an eye

witnesses account. He also discussed the crime scene

challenges.

In his next presentation, Mr. Siddiki explained the DNA

(Deoxyribonucleic Acid) and its functions. He also

explained the errors due to mutation. He shared the

sources of biological evidence. He also shared the

importance of DNA in crime investigation and how

conclusive is DNA Evidence. Finally, he shared the

important and relevant case laws of the subject.


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Day 12 Mr. Waqas of UNODC delivered his presentation on

communication and presentation skills. He explained the

process of recognizing, understanding and accurately

interpreting communicated messages and responding to

spoken and/ or nonverbal messages. He also explained the

process of Hearing, Interpretation, Evaluation and Respond. He

also shared the techniques of making good presentations.

Mr. Javed Keerio, District & Sessions Judge conducted the next

session. He discussed how to prepare final arguments? He

emphasized on making a good preparation the final argument.

He said that it is a very good practice to take the notes

throughout the trial.

He also said that to make a final argument effective, you must know your case.

Mr. Keerio also shared very good tips and techniques:

Start with great confidence

Be very energetic

Grab the attention of judge

Have a copy of all the relevant documents

Make points for your arguments in sequence

He emphasized on using simple language. He said that if you know the strength of case and you

also know the weaknesses of your case then you would be having a very good grip on your case.

He said that separate different kinds of evidence.

Describing the importance of case laws, Mr. Keerio said that they support your arguments,

especially when those case laws are preferably from the Supreme Court and your own High Court.

He accentuated on not to fire in the air and stressed on explaining the legal or factual flaws with

sound reasoning.

Honorable Mr. Justice Muhammad Iqbal Kalhoro addressed to the participants and observed

their skills while they were busy in mock practice. Hon’ble Judge guided them and shared that

the prosecutor should know facts of the case and able to refer relevant laws and case laws on

each point. The Prosecutor should have eye contact with the presiding officer for effective

communication. Later on, Hon’ble Judge distributed certificates among the trainees followed by

a group photograph.


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