PROVINCIAL ASSEMBLY OF SINDH
NOTIFICATION
KARACHI, THE 30TH APRIL,
2010
NO.PAS/Legis-B-23/2009-
The Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Bill, 2009 having been passed by the Provincial Assembly of Sindh
on 29th March, 2010 and assented to by the Governor of Sindh on 24th April, 2010 is hereby published as an Act of the Legislature of Sindh.
THE SINDH
CRIMINAL PROSECUTION SERVICE
(CONSTITUTION, FUNCTIONS AND POWERS)
ACT, 2009.
SINDH ACT
NO: IX OF 2010
(First published
after having received the assent of the Governor of Sindh in the Gazette
of Sindh (Extra-Ordinary) dated 30th April, 2010.)
AN ACT
Preamble WHEREAS it is expedient to provide for
establishment of
Criminal Prosecution Service in Sindh.
It is hereby enacted as follows :-
CHAPTER-I
PRELIMINARY
1.Short title, extent and commencement (1)
This
Act may be called the Sindh Criminal Prosecution Service
(Constitution,
Functions and Powers) Act, 2009.
(2) It extends to the whole of the Sindh.
(3) It shall come into force at once and shall be deemed to have taken effect on and from 29th October, 2009.
2. Definitions (1)
In this Act, unless the
subject or context otherwise requires:-
(a) “Code” means
the
Code
of
Criminal Procedure, 1898 (Ordinance V of 1898);
(b) “District” means a district
as notified under
the provisions of
Sindh
Land Revenue Act, 1967 ;
(c)
“First Information
Report”
means an information
recorded
under section 154 of the Code;
(d) “Government” means
the Government of Sindh; (e) “High
Court” means the High Court of Sindh;
(f)
“Investigation Officer” means an officer of a Law Enforcement
Agency competent under any law, for the time
being in force, to investigate an offence;
(g) “Law Enforcement
Agency” includes Sindh
Police and any other agency established under any law, as may be notified
by Government;
(h) “Lower Court” mean and include
Criminal Court, Civil Court, Banking Court, Special Court and Tribunal;
(i) “Order” means the Police Order, 2002 (Chief Executive’s Order
No.22
of 2002);
(j) “Prescribed”
means prescribed by rules;
(k) “Prosecution” means the prosecution of a criminal case;
(l) “Prosecutor”
means the Prosecutor General, Additional Prosecutor General, Deputy Prosecutor General,
Assistant Prosecutor General,
District Public Prosecutor, Deputy
District Public Prosecutor,
Assistant District Public Prosecutor and a Public Prosecutor appointed
under this Act and shall be deemed
to be the Public Prosecutor under
the Code;
(m)“Prosecutor
General” means the Prosecutor General appointed under Section 6;
(n) “Rules” means rules made under this Act ;and
(o) “Service” means Sindh Criminal
Prosecution Service. (p) “Supreme
Court” means the Supreme Court of Pakistan.
(2) The words
and expressions used herein, but not defined, shall have the same meaning as are assigned to them in the Code or
the Order
.CHAPTER-II
ESTABLISHMENT, CONSTITUTION AND ADMINISTRATION OF THE SERVICE
3. Establishment of the Service Government
shall establish and maintain a
Service to be called the Sindh
Criminal Prosecution Service.
4. Constitution The
Service shall consist of
the Prosecutor General, Additional
Prosecutors General, Deputy Prosecutors General, Assistant Prosecutor General,
District Public Prosecutors, Deputy
District Public Prosecutors and Assistant District Public
Prosecutors.
5.Control and Administration (1) Government
shall exercise general
superintendence over the Service to ensure achievement of the objectives of this Act.
(2) The
administration
of the Service shall vest in Prosecutor General. (3)
A Public Prosecutor, an Additional Prosecutor General, a Deputy
Prosecutor
General and an Assistant Prosecutor General shall perform their functions under the control
and the supervision of the
Prosecutor General and general
superintendence of the Government.
(4) Subject
to the sub-clause (1) and (2) control
of all Prosecutor within a District shall work under the supervision of the District Public Prosecutor.
6.Prosecutor General (1) Government shall
appoint a Prosecutor General, who shall
be the Head of the Service
on such terms and conditions, as may be
determined by Government.
(2) The terms and conditions of service of the Prosecutor
General shall not be varied
during the term of his office.
(3) The Prosecutor General shall
hold
office
for
a
non-extendable
period of three years.
(4) The Prosecutor
General may resign from his post during the tenure
of his office by tendering resignation in writing
to Government.
(5) Government may, for reasons to be recorded in writing and after providing him
an opportunity of
being
heard,
remove the Prosecutor General prior to the completion
of his tenure, on the
ground of misconduct or physical infirmity.
(6) The Prosecutor General
shall have a right of representation and audience on behalf of Government in lower Court, the High Court,
the Federal Shariat Court
and the Supreme Court.
(7) The Prosecutor General may delegate
any
of
his
powers and functions to an Additional Prosecutor General or
to a Deputy Prosecutor General or an Assistant Prosecutor General.
7. Qualification for the appointment of Prosecutor General A
person shall not be appointed as
Prosecutor General unless he is a
citizen of Pakistan, and is not less than forty five years of age, and -
(a) he has, for a period of, or for the periods aggregating,
not less than ten years, been
an Advocate of the High Court; or enrolled as an Advocate of the Supreme Court; or
(b) he has, for a period of not less than five years, performed functions of an Additional Prosecutor General and is enrolled
as an Advocate of High Court; or
(c) he has, for a period of not less than seven years,
performed the functions of a
District Public Prosecutor or has performed functions of
a Prosecutor in
Sindh, under any
law, for a period of not less than
fifteen years, and is enrolled as an Advocate of High Court; or
(d) he has, for a period of not less than five years, performed functions
of an Additional Prosecutor General;
or
(e) he has, for a period of not less than seven years,
performed the functions of a
District Public Prosecutor or has performed functions of a
Prosecutor in Sindh,
under any law,
for a period of not less than
fifteen years.
Explanation. - In computing the period during which a person has been
an Advocate of the High Court or held
judicial office, there shall be included any period during which he has held judicial office after he
became an Advocate or, as the case may
be, the period during which he has been an Advocate after having
held judicial office.
Provided that on commencement of this Act, the persons already performing
functions of prosecution on regular basis in the Province, shall continue as
such.
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POWERS AND FUNCTIONS OF THE PROSECUTORS
9. Conduct of prosecution(1) The
Prosecutors shall be responsible for
the conduct of prosecution on behalf of Government.
(2) A
District Public Prosecutor shall distribute work to the Prosecutors with respect to the lower Court within
a district.
(3) A police report under section 173 of
the Code, including a report of
cancellation of the First Information Report or a request for discharge of a suspect or an
accused shall be submitted to a Court through the Prosecutor appointed under this Act.
(4) The Prosecutor shall scrutinize
the report or the request
and may –
(a) return
the same within three days to the Officer Incharge
of Police Station or Investigation
Officer, as the case may be, if he finds the same to be defective, for removal of such
defects, as may be identified by him; or
(b) if it is fit for submission, file it before the Court of competent jurisdiction.
(5) On receipt of an interim
police report under
section 173 of the
Code,
the Prosecutor shall –
(a) examine
the
reasons
assigned
for the delay in the completion of
investigation and if he considers
the reasons compelling, request the
Court
for
the postponement of trial and in case investigation is not completed within reasonable time,
request the Court for commencement of trial; and
(b) in
cases
where
reasons assigned for
delay
in
the completion of investigation are not compelling, request
the Court for commencement of trial
on the basis of the evidence
available on record.
(6) Prosecutor may submit to the Court results of his scrutiny in writing
as to the available evidence and applicability of offences
against all or any of the
accused as per facts and circumstances of the case.
10. Responsibilities of Police towards Prosecutors
(1)
An Officer Incharge of a Police Station or the Investigation
Officer
shall-
(a) immediately
report
to
the
District Public Prosecutor, the
registration of each criminal case by sending a copy of the First Information Report;
(b) send the police
report under section
173 of the Code, to the
concerned Prosecutor within the
period prescribed by law; and
(c) if an investigation
is not completed
or cannot be completed
within the time provided under the law, record reasons for the delay and
inform the Prosecutor.
(2) An officer
Incharge of the Police Station or Investigation Officer shall,
within the time specified by the
Prosecutor, comply with the directions and remove the defects pointed out by the
Prosecutor in a police report under section
173 of the Code, including report for
cancellation of the First Information Report or request
for discharge of an accused or
suspect.
11. Duties of the Prosecutors (1)
the Prosecutor General shall-
(a) submit an annual report of the Service to Government within
three months of the conclusion of the calendar year to which
the report pertains ;
(b) keep Government
informed about the performance
of
the
Service.
(2) A Prosecutor, working under the supervision of the Prosecutor General, shall keep
the Prosecutor General informed about the progress of all the cases under his charge.
(3) A
Prosecutor, working under the
supervision of the District Public Prosecutor, shall keep the concerned District Public Prosecutor informed
about the progress of all criminal cases under his charge.
(4) Where
a Prosecutor is of the opinion that
an application for enhancement of
sentence or a revision should be
filed in any case, he shall refer the matter to the District Public
Prosecutor or the Prosecutor General, who shall take appropriate measures thereon under the law.
(5) In case of acquittal by a -
(i) Court in a District, the concerned District
Public Prosecutor; and
(ii) Special Court, the concerned Prosecutor, shall report the details of the case
to the Prosecutor General, along
with grounds for appeal and the Prosecutor
General may request
Government for preferring an
appeal.
(6) A
Prosecutor shall maintain an
independent file in the prescribed manner
of each case assigned to him for
prosecution.
(7) A
District Public Prosecutor
shall act as a member of
the Criminal Justice
Coordination Committee established
under Article 110 of the Order.
(8) A Prosecutor shall –
(a) in all matters, perform
his functions and exercise his
powers fairly, honestly, with due diligence,
in the public interest and to
uphold justice;
(b) on receipt of the police report,
final or interim, including
a report for cancellation of
First Information Report or request
for discharge of
an accused, scrutinize the same and process
it
under section 9;
(c) make
such entries in the record and
registers, as may be prescribed; (d) perform such other duties as may be assigned
to him under this
Act by Government.
ESTABLISHMENT OF PROCESS SERVING AGENCY
12.Establishment of Agency (1)
Government may establish a Criminal Process Serving
Agency to perform such
process serving functions as may be
prescribed.
(2) The criteria for appointment and terms and conditions of service
of the members of Criminal Process
Serving Agency shall be such, as may be prescribed.
CHAPTER-V
MISCELLANEOUS
13.Power to make
rules ;
Government may, by notification, in the official gazette
make rules for carrying out the purposes of this Act.
14.Terms and
conditions of service
;
Subject to the provisions of this Act and the rules, members
of the Service, including the staff, shall be appointed and governed under the
Sindh Civil Servants’ Act,1973 (Sindh Act No.14 of 1973) and rules made
thereunder.
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15.
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The Prosecutor General shall, with the prior approval of Government,
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issue a code of conduct for the Public
Prosecutors.
16.Indemnity (1) No suit, prosecution or other legal
proceedings shall lie against a
Prosecutor in respect of anything
done or attempted to be done by
him in good faith under this Act.
(2) A Prosecutor appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of
the Pakistan Penal Code,1860 (Ordinance XLV of 1860).
17. Removal of difficulties Government may, by order, provide for the removal of any difficulty,
which may arise in giving effect to
the provisions of this Act.
18.Act to over-ride other laws The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
19.Savings All appointments made,
actions taken and notifications issued by Government before the commencement
of this Act, with respect to
prosecution of criminal cases, shall be deemed to have been made,
taken and issued under this Act.
BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH
HADI BUX BURIRO
SECRETARY
PROVINCIAL
ASSEMBLY
OF SINDH
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