The Plight Of Prosecution.

I had the 'honor' of being called by the court many times as a police officer. Once a prosecutor was pleading on my behalf. The honorable judge got upset and remarked that he would start contempt proceedings against me. I was stunned when the same prosecutor while observing the mood of the court also turned against me and stated that he would now be arguing against me and I should rather find some other counsel for my defense.

Our justice system is widely criticized by people from all walks of life. Sometimes the reflection is done in good faith, and at others it is tainted by political maneuvering. Nevertheless, many of these condemnations are unwarranted and are being made by people who are unaware of the true facts. No doubt the justice system of our country needs to be reformed which may lead to better interpretation of truths and decisions taken on these platforms.

Currently, the criminal justice system is comprised of five realms, the foremost being the provision of redress of its clientele - the public, which is served by four pivotal institutions: police, prosecution, judiciary, and prisons. Even though these institutions have their own manacles, the flaws in prosecution catch little attention.

Solving a crime is hard but proving the same in the court is the real challenge. 'Prosecution has an ethical responsibility not just to indict the defendant when he is guilty, but also to safeguard to get a verdict, which means fair trials both for defence and prosecution'.

In some jurisdictions, police and prosecutors work closely and prosecutors are even supposed to supervise and guide the police throughout the investigation process. Practically this liaison is a formality. Generally, neither prosecutors are involved in the investigation process, nor do they ever visit the scene to support the preparation of case files.

After the police conclude their investigation and decide to arraign the offender, only then the prosecutors get involved. Even though the prosecutors are consulted for their opinion regarding the availability of evidence during the remand stage, their role begins mainly once they receive a challan from the police.

In fact our prosecution department is predominantly carrying the legacy of colonial era and could be compared to present British system. One major distinction from the Crown Prosecution of England is that our prosecutor formally cannot drop a case at the pre-trial stage. Though few pragmatic prosecutors have the...