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