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Express Tribune
27-05-2025
- Politics
- Express Tribune
Legal and ethical dimensions of polygraph testing
The writer is a former Secretary to the Government, Home and Tribal Affairs Department, and a retired Inspector General of Police. He can be reached at syed_shah94@ Listen to article The recent headlines regarding Imran Khan's refusal to undergo a polygraph test have reignited public discourse around the legal and ethical implications of such investigative techniques. The entry of digital tools like lie detectors into criminal investigations raises important questions: Can a suspect be compelled to undergo a polygraph test without their consent? Are the results of such tests admissible in a court of law? To address these concerns, it is essential to understand what a polygraph test entails. Commonly known as a lie detector test, a polygraph measures physiological indicators — heart rate, blood pressure, respiratory rate and galvanic skin response — while the subject answers a series of questions. The assumption is that deceptive responses produce physiological reactions distinct from those linked to truthful answers. However, polygraph testing is not based on an established scientific theory accepted in the field of law or physical science, and thus, its results are not considered conclusive evidence. The legality of compelling an individual to undergo such a test touches directly upon constitutional protections, particularly the right against self-incrimination and the right to privacy. In Pakistan, Article 13(b) of the Constitution provides protection against self-incrimination, stating: "No person accused of an offense shall be compelled to be a witness against himself." This constitutional safeguard underpins the principle of a fair trial, ensuring that individuals are not forced to provide evidence that may lead to their own conviction. A landmark judgment in this context is the Indian Supreme Court's ruling in Selvi & Ors v. State of Karnataka (2010), which addressed the involuntary administration of narco-analysis, polygraph tests and brain-mapping techniques. The Court held that such practices violate Article 20(3) of the Indian Constitution, which guarantees the right against self-incrimination, and also infringe on Article 21, which protects personal liberty, including mental and physical privacy. The Selvi judgment categorically stated that no individual can be compelled to undergo a polygraph test. Informed consent is mandatory, and even when consent is provided, procedural safeguards — such as legal representation and the presence of an independent medical practitioner — must be ensured. Similarly, in the United States, forcing a suspect to take a polygraph test without their consent may violate the Fifth Amendment, which protects against self-incrimination. The central legal question relates to the evidentiary value of polygraph results. Courts globally have expressed skepticism regarding the reliability and scientific validity of such tests. In Selvi, the Indian Supreme Court clarified that while polygraph results may aid investigation if obtained with voluntary consent, they cannot form the sole basis for conviction. Such evidence, due to concerns over reliability and potential misuse, is inadmissible as substantive evidence. In the United States, admissibility often hinges on the Frye and Daubert standards, which assess whether scientific evidence is generally accepted by the scientific community and meets established reliability criteria. Polygraph results frequently fail these tests, and thus, are typically excluded for fear they may unduly influence juries. In the United Kingdom, polygraph tests are not used in criminal trials and have only limited application in investigative contexts. Across the European Union, the priority given to human rights leads courts to regard such techniques with caution. In Pakistan, the Supreme Court's decision in Husnain Mustafa v. The State and another echoed this view. The Court recognised polygraph testing as a modern forensic tool capable of indicating deception but emphasised that its findings cannot be equated with an admission of guilt. Beyond legal admissibility, polygraph testing raises significant ethical concerns. The possibility of coercion — whether overt or subtle — during the process of obtaining consent cannot be discounted. Moreover, physiological responses may be influenced by anxiety, medical conditions or the testing environment, rather than deception. Another critical issue is the potential for institutional misuse. In high-profile cases, investigative agencies might use polygraph results to sway public opinion or create an illusion of progress, regardless of the scientific credibility of the findings. Over-reliance on such methods could divert attention from more reliable investigative tools like forensic analysis, corroborative witness testimony and digital evidence. Polygraph tests also risk undermining the interrogative competence of law enforcement agencies. While these tests may offer psychological leverage or investigative leads, they must not be prioritised over constitutionally sound procedures or used at the expense of a suspect's fundamental rights. There is broad consensus within the legal and academic community that individuals should not be compelled to participate in polygraph testing and that the admissibility of such results must be heavily restricted. Courts have rightly emphasised that criminal justice cannot be reduced to a spectacle reliant on questionable science. The controversy surrounding Imran Khan's refusal to undergo a polygraph test underscores the delicate balance between science, law and ethics in criminal jurisprudence. While polygraph tests may have a supplementary role in investigations, their inherent limitations must not be overlooked. Legal frameworks must continue to uphold voluntariness, due process and the right against self-incrimination — ensuring that justice is not only done but is seen to be done in a fair and constitutionally sound manner.
Express Tribune
01-05-2025
- Politics
- Express Tribune
Bugti vows action against anti-state employees
Balochistan Chief Minister Mir Sarfaraz Bugti on Thursday vowed strict action against government employees involved in anti-state activities, asserting that there will be no compromise when it comes to national interest. Chairing a high-level meeting in Quetta to review progress on the Provincial Action Plan, CM Bugti said the fight against terrorism and subversive elements is a collective responsibility — not just that of the armed forces. "This war belongs to every citizen who believes in peace and prosperity for Balochistan," he stated. The meeting, attended by Chief Secretary Shakeel Qadir Khan and departmental secretaries, included a detailed briefing by the Home and Tribal Affairs Department.
Express Tribune
08-04-2025
- Politics
- Express Tribune
How to fill the gaps in governance
The writer is a former Secretary to Government, Home and Tribal Affairs Department and a retired IGP. He can be reached at syed_shah94@ Listen to article The recent address by Chief of Army Staff General Syed Asim Munir to the Parliamentary Committee on National Security highlighted a critical issue: the persistent governance gaps in Pakistan. He questioned, "For how long shall we continue to fill the governance gaps with the blood of armed forces martyrs?" His statement underscores a fundamental challenge in public policy — ensuring effective governance to eliminate terrorism and maintain national stability. 'Good Governance' has consistently been a top priority in the manifestoes of political parties and international organisations. Its primary goal is public welfare, with peace and security as essential prerequisites for fundamental rights. However, Pakistan has long struggled with governance deficiencies, navigating a fractured system marred by multiple fault lines. These weaknesses fuel crises, trigger unrest and hinder development. Identifying these governance fault lines is crucial. Political instability, rising crime, extremism, terrorism, economic decline, social injustice and civil-military tensions all stem from governance failures. One perspective holds that neglecting grievances fosters divisions, ultimately leading to violence. Theorists like Charles Tilly argue that societal violence arises from perceived inequalities - economic, political and cultural. Relative deprivation, exclusion and marginalisation further contribute to unrest. Distributive injustice reinforces this sense of deprivation, deepening societal divides. Political theorist Francis Fukuyama emphasises the importance of a strong state, asserting that governance starts with the ability to enforce laws and maintain order. A state must have the exclusive monopoly on legitimate force to prevent disorder. This concept gained global traction after 9/11, linking weak states to international terrorism. Fragile states are now seen as potential breeding grounds for extremism, capable of disrupting global security. Consequently, the study of failing, failed and collapsed states has become critical in governance discourse. Many studies suggest that extremism and militancy stem from governance failures. Addressing these challenges requires understanding the indicators of good governance and implementing them effectively. Scholars have identified several enduring governance fault lines in Pakistan. Maleeha Lodhi, in Pakistan: Beyond The Crisis State, outlines five key factors shaping Pakistan's governance struggles: 1) The imbalance of power between elected and unelected institutions; 2) A feudal-dominated political culture fostering clientelism; 3) An oligarchic elite dependent on external financial support while resisting taxation; 4) The use of geography as leverage in national security strategy; and 5) Divisive ideological debates over Islam's role in the state and society, alongside the appeasement of religious extremists. Another critical governance issue is the disruption of civilian rule. Hussain Haqqani argues that Pakistan's national security priorities have driven the country towards an ideological state model, often at the cost of democratic governance. Excessive focus on military strength, ideology enforcement and foreign alliances has weakened internal political structures. One of the most persistent governance cracks is the ongoing struggle over political authority. Ethnic and provincial differences further fragment the state, while the unresolved question of religion's role in governance has deepened ideological divisions. Religious parties, well-funded and heavily armed, exert substantial influence over state affairs. Their ability to mobilise street power and challenge state authority is evident, particularly in Islamabad, where unauthorised structures have been erected on state land with impunity. Given these governance gaps, the critical question remains: what is to be done? The foundation of good governance lies in a well-structured and smoothly functioning system, defined by constitutional principles, legal frameworks and established conventions. Effective governance requires continuity, inclusive participation and responsiveness to diverse perspectives. A system that fosters mutual understanding ensures collective progress, allowing all segments of society to contribute to national development. Good governance is built on efficiency, transparency, accountability and the rule of law. Achieving these objectives necessitates institutional reforms, skill enhancement in the public sector and leadership that is competent, visionary and free from vested interests. A merit-based, depoliticised civil service must support governance efforts, aligning political decisions with socioeconomic progress while avoiding hybrid administrative models. Economic revival is another urgent necessity. Mobilising resources, ensuring macroeconomic stability and maintaining fiscal discipline are essential. Expanding the tax base, strengthening revenue-generating institutions and addressing population growth through family planning and education are critical steps. Promoting female literacy, vocational training and employment opportunities will enhance human capital and social stability. Restoring law and order is paramount for societal well-being. Governance must prioritise human development, skill-building and universal primary education within the next decade. Integrating Pakistan into global economic networks and reassessing foreign policy alignments are crucial for long-term progress. Pakistan's governance challenges are deeply rooted and complex, but they are not insurmountable. Addressing them requires political will, institutional strengthening and a commitment to inclusive, rule-based governance. These essentials can help Pakistan move beyond crisis management and towards sustainable stability and development.
Express Tribune
27-03-2025
- Politics
- Express Tribune
What ails universities in K-P?
The writer is a former Secretary to Government, Home and Tribal Affairs Department and a retired IGP. He can be reached at syed_shah94@ Listen to article Recent news of dismal performance of candidates in various competitive examinations speaks volumes of the deteriorating standards of higher education in our universities. Not a single candidate from the lawyer's quota passed the last year's examination for additional sessions judges. Only 9 candidates qualified for the 80 seats of civil judges. No wonder the Khyber Pakhtunkhwa Bar Council requested the Peshawar High Court to relax the English language requirement for the additional sessions judges screening test. Out of the 598 candidates, 139 did not pass the English part. Similarly, only 408 candidates out of the 28,024, a mere 2.96%, passed the written CSS exam. That means students graduating from universities have the degree but not the knowledge to do well in competitive exams. The question is: what has gone wrong? As an engine of change, universities with quality education act as a propeller, navigating the nation to the shores of progress and development. The tall claims of universities in their vision and mission are mere words without much of substance in them. 'Quest for Excellence', the motto of a university in District Swabi, is pleasing on the ears, but that is all that is there to it. While one may argue that the university aspires be there, most do not have the logistics and resources available to achieve such ambitious goals. The career and professional growth; addition to human knowledge; contribution to the cultural, social and economic growth of society through ground-breaking research are perhaps unrealistic goals most universities set for themselves. They promise more than they can actually deliver. One reason for the poor performance of universities is the lack of good governance which requires adherence to the law set for universities in the Constitution of the country, the HEC guidelines and the Act that governs them. Though the preamble to the Khyber-Pakhtunkhwa Universities Act, 2012 postulates reconstitution and re-organisation of "universities to further improve their governance and management by ensuring accountability, transparency and giving due representation to all stakeholders in decision-making, so as to enhance the quality of higher education in the province", in reality the performance of universities has declined. Contrary to the set standards, universities offer programmes, even MPhil and PhD, without regular faculty. To add insult to injury, some of them offer degree programmes without accreditation. Though the Act envisions structural changes, good governance and good quality education, universities do not deliver the expected goods. Arguably, vice chancellors are the pivots, but the procedure of their selection suffers from serious flaws. The search committee does not take into account candidates' previous achievements. The past achievements and quality of a candidate's work should matter, not the size of their CV. The legal framework promises autonomy, integrity and efficiency. However, the effectiveness of governance largely depends on leadership, high moral standards, particularly of the vice chancellor, registrar, treasurer and controller of Examination. Most of these officers seek their positions through connections, not merit, which is why they most easily succumb to internal and external pressures at the cost of quality. Keeping these positions filled through ad hoc arrangements makes these officers more vulnerable. Although recent amendments to the Khyber Pakhtunkhwa Universities Act now require registrars to be appointed from within the administrative cadre of universities, this requirement is often bypassed to accommodate hand-picked candidates. For example, the University of Swabi's statutes specify that the librarian must hold a PhD in Library Science and be promoted from within the university library's cadre. In other words, a librarian cannot be posted to other office, not in accordance with his or her job description. This principle is meant to ensure merit-based appointments. Similar rules are disregarded in the appointment of registrars also. Appointments of vice chancellors through connections in utter disregard of merit leads to poor governance and dismal administrative performance - something that impacts the quality of education and research in universities. Such vice chancellors are likely to gratify their patrons more than strengthen academics, governance and quality of education. Moreover, appointing scores of redundant teaching and non-teaching staff in universities creates unnecessary financial burden on universities. Such appointees resort to litigation seeking regularisation of their services despite the fact that there is no such provision in the laws of universities. Women University of Swabi is a case in point, where the contracts of many of the members of the faculty and administration have expired. In this respect, the Peshawar High Court dismissed a petition filed by more than 50 contractual employees of the university. These petitioners were seeking regularisation of their services. The High Court declared the instant writ petition "not maintainable" as well as "meritless" and thus it was dismissed. The judgement and laws are clear. Even the Syndicate, the Senate and the Chancellor cannot extend the contract beyond the period stipulated in the Act. Consequently, the services of those who completed their term of appointment, as per their contract, stand terminated. In view of the aforementioned observation, the right course is to follow the HEC guidelines, Khyber Pakhtunkhwa University Act, 2012, and the statutes made thereunder in letter and spirit, and put an end to ad hocism. Universities ought to have permanent vice chancellors and other officers in accordance with the laws of the universities. Stop-gap-arrangements will only worsen the falling standards of education and governance in universities. With a consistent permanent set-up, one can hope that universities are likely to deliver some of the promises they make in their mottos. No society can afford mediocrity in the appointments of leaders for institutes of higher learning. We cannot afford to appoint vice chancellors through networking who gratify their patrons.
