Common mistakes in pre trial (proceedings (criminal)

1. COMMON MISTAKES IN PRE-TRIAL
(PROCEEDINGS (CRIMINAL)
Zia ur Rehman
Add. District & Sessions Judge / Sr. Director
Administration,
KP Judicial Academy, Peshawar

2. OBJECTIVES
To familiarize the participants with the
common mistakes in Pre-trial
 To make them understand how these
mistakes hinder & delay justice delivery
 To make them learn how to avoid these
mistake & facilitate, not complicate, the
administration of justice

3. OUTCOMES
Participants are expected to;
 Avoid the highlighted mistakes
 Proactively manage & supervise the court
proceedings
 Follow letter & spirit of the law in true
sense

4. PURPOSE OF PROCEDURAL LAW
To serve & facilitate administration of
justice through;
 Transparency
 Uniformity
 Discipline
 Systemization
 Recording
 Due process

5. COMMON MISTAKES
Warrant u/sec 204 CrPc
Proclamation u/sec 87 CrPC
How lead to delayed challan
submission

6. COMMON MISTAKES
Practice of filing challan u/Sec 512
CrPC

7. COMMON MISTAKES
Inquiries u/sec 156(3) CrPC
& U/Sec 523 (i) CrPC

8. COMMON MISTAKES
Mechanical Custody orders, physical
or police as well as judicial custody
(often without examining )
Juvenile & Females

9. COMMON MISTAKES
Demanding local sureties, how may
lead to promoting toutism
Recovery proceedings (forfeited bond)
only against the sureties.

10. COMMON MISTAKES
 Case Property Disposal
 Nature of the property (perishable, animal etc)
 Interim order
 Return & superdari
 Excessive bonds
 Final disposal
 Accident Case
 Sec 95 MVO 1965

11. COMMON MISTAKES
Mechanical recording of statements,
u/sec 164 CrPC, or refusal to record.

12. COMMON MISTAKES
Post mortem exemption & Medical
examinations (under age & female)

13. COMMON MISTAKES
Unnecessary detention in Dar-ul-Aman
(Protection or detention)

14. COMMON MISTAKES
Curtailing liberties in the name of
preventive detention u/sec 54 and Sec
86 CrPC

15. COMMON MISTAKES
Stereotype approach in taking
cognizance and sending up the cases

16. COMMON MISTAKES
Mechanical orders upon cancellation
requests

17. COMMON MISTAKES
Delayed identification proceedings and
search warrants

18. COMMON MISTAKES
Non-exercise of discretion in
concurrent jurisdiction matters

19. COMMON MISTAKES
Non-use of probation law

20. COMMON MISTAKES
Irregularities in confessions recordings
(oath, language, ascertainment of free
will, profromas, dictation etc)

21. COMMON MISTAKES
Approach in most attracted offences
 Arms (licensing issue)
 EHO and CNSA
 Gambling
 Sec 365-B and Sec 494

22. COMMON MISTAKES
Dominance of Prosecutors and Naib
Court

23. COMMON MISTAKES
Framing charge without examination
record

24. COMMON MISTAKES
Mechanical Summoning of PWS (Here
scrutiny and scheduling of the order of
examinations and time tables possible)

25. NOLO CONTENDERE
PLD 2009 LHR 312