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2 Pakistan J.L. Analysis & Wisdom 509 (2023)
Private Prosecution in Pakistan: Analysis of the Nur Elahi Case and Its Implications for Public Prosecution

handle is hein.journals/pknjlolw2 and id is 1211 raw text is: Pakistan Journal of Law, Analysis and Wisdom Volume No. 2, Issue No. 2, September 2023 e-ISSN: 2959-0825, p-ISSN: 2959-0817 http://pjlaw.compk Private Prosecution in Pakistan: Analysis of the Nur Elahi case and its implications for Public Prosecution Hafiz Muhammad Azeem Assistant District Public Prosecutor, Punjab Hafizazeeikhokhar@gmail.com Muhammad Umar Ph.D. Scholar/ Lecturer, College of Law, University of Sargodha, Pakistan ranjhaumar@ yahoo.com Muhammad Shahid Sultan Ph.D. Scholar/ Lecturer, College of Law, Government College University Faisalabad, Pakistan shahid6023@yahoo.com Abstract The traditional system of public prosecution, where the state assumes responsibility for criminal charges, has faced challenges in recent years due to the emergence of private prosecution. The case of Nur Elahi v the State paved the way for private prosecution alongside public prosecution in the administration of criminal justice system of Pakistan. Whereas the doctrine of public prosecution holds fundamental importance in the administration of criminal justice system, the decision in Nur Elahi v the State introduced exceptions to this rule by allowing private individuals to prosecute criminal cases through private complaints along with public prosecution. This significant change has weakened the doctrine of public prosecution, making it more arduous for both the state and private individuals to bring offenders to justice. It is also pertinent to note that the judiciary, not the legislature, made the decision in Nur Elahi v the State, which caused uncertainty about the laws for public and private prosecution in Pakistan. Therefore, a thorough examination of the ratio decidendi and the legal reasoning in Nur Elahi v the State is necessary to deal with complications arising from the addition of private prosecution to the public prosecution in criminal justice system of Pakistan. This research aims to provide clarity and guidance for all stakeholders involved in improving criminal prosecutions by clarifying and reassessing the legal framework for private complaints. Keywords: Public Prosecution, Private Complaint, Nur Elahi v the State, Criminal Trial Procedure. 1. Introduction The criminal justice system serves as a cornerstone of the rule of law, safeguarding the wellbeing and security of societies. It is the responsibility of states (Ma 2008) to actively fight crime both at the national (Lamond 2007a; Packer 1962) and international level (Roht-Arriaza 1990). Within this framework, the doctrine of public prosecution assumes a vital position in the criminal justice system (CJS) (Roht-Arriaza 1990). As the CJSs vary widely across countries, including differences in criminal 509