ISLAMABAD: At a time when prosecution is being cited as the major reason for delay in dispensation of justice especially in terrorism related cases, a prosecution agency presented a report on some of the factors which result in the weakening of the prosecution’s case.

Inspector general (IG) of Islamabad police presented a comprehensive report to Islamabad High Court (IHC) detailing how poor quality of investigation results in a weak prosecution.

The report was submitted in response to the court directive for an inquiry into the role of police officers in causing delays.

The high court had further directed the IG to develop guidelines for investigating officers in consultation with other stakeholders to ensure quicker resolution of cases.

The law ministry was also directed to review the procedure for appointment of counsel at state expense so that the accused can have access to an attorney.

The report submitted by the IG says the procedure for sending evidence to forensic laboratories in Lahore is too time-consuming, and delays investigation and trial.

According to the report, the current procedure involves too many steps and takes two months. The report suggests that the investigation officer (IO) should be legally allowed to submit written requests to the laboratories directly to save time.

Moreover, the IOs do not have sufficient funds for a thorough investigation, the report notes. It costs Rs5,000 to send each parcel and the amount is paid out of the IOs budget.

The report suggests that the laboratories should not charge the IOs; instead the district administration should pay the amount directly to the laboratory concerned.

IOs also have to pay large amounts for reports such as like chemical examiner reports, forensic reports, serologist’s reports and DNA reports.

The report calls for a forensic laboratory to be set up in the federal capital.

Similarly, IOs often do not have the funds to conduct a raid out of town.

In murder cases, scaled maps are prepared for which an IO pays a draftsman Rs15,000. The revenue departments are unable to pay this fee which delays investigation. The report suggests that a proper procedure be put in place which ensures that scaled maps are prepared within two days especially in terrorism related murder cases.

It is observed in the report that the transfer procedure for accused persons and case properties requires the intervention of provincial and federal government offices which causes delays and so amendment to relevant provisions of the Criminal Procedure Code (CrPC) can remove unnecessary steps.

The report highlights that if the accused is someone influential, often they manage to manipulate the witnesses and the evidence before it can be presented in court. It suggests that the IO’s report with supporting evidence should be made admissible in court.

Yet another reason for delays, according to the report, is that investigation and operation units are not separated. Policemen are unable to specialise which affects performance and quality of investigation.

The report further suggests that laws must be changed to ensure that IOs give due importance to collection of evidence.

The report observes that defence lawyers are unable to produce witnesses before the court and blame the police for it. When witnesses are present, lawyers make excuses to buy more time.

Case property is often not presented in time, the report notes, as sometimes it is returned to owners and when courts ask for it to be presented police is unable to produce it. The report suggests that in case of heinous crimes, case property should not be returned to the real owners until the conclusion of the trial.

Similarly, in rape cases sometimes social pressures or out of court settlements prevent families from presenting evidence weakening prosecution.

Finally, the report notes that police officers are often deployed on special law and order related duties which a reason why they are unable to appear before the court.

Published in Dawn, January 20th, 2015

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