KARACHI: Expressing concerns over lack of a mechanism to improve skills of investigators, the Sindh High Court has directed the home secretary and the provincial police officer to evolve a complete mechanism for training programmes in collaboration with other provinces and countries to equip the investigating officers with basic and essential tools of investigation.

In the light of a 2016 judgement of the SHC, it also sought an inclusive methodology within 15 days regarding the cost of investigation, check and balance on IOs as well as awards for their efficiency and role in reduction of crime.

The single bench of the SHC headed by Justice Salahuddin Panhwar asked the prosecutor general of Sindh to ensure that the live case study conferences must be held by calling the victims, witnesses, prosecutors and defence lawyers.

Constant failures on the part of prosecution have encouraged criminals, says court

The bench observed that normally, the judges were expected to detail reasons for failure of prosecution, but if such failure was found to be pure cause of defective investigation then such aspect must be referred to high-ups of the investigators for such defects which normally would be taken as deliberate unless otherwise so justified before the proper authority.

It further said that the prosecution and police officials must invite leading lawyers from criminal side for guidance and conferences.

The bench also asked its office to communicate this order to the judges of subordinate as well as the special courts for keeping in view the aspect of defective investigation.

The bench issued these directives during the hearing of a bail application of a suspect in which the IO filed an A-class report for what he said was lack of evidence, but apparently he was unaware that in which class the case should be disposed of.

The superintendent of police (investigation) and sub-divisional district police officer (SDPO) concerned contended that they had been in police service for over two and three decades respectively, but never attended any workshop, training programme or live case study seminar with regard to investigation, it added.

The bench further observed that the investigation was the most vital part of prosecution and any negligence or ignorance on the part of investigators could damage the roots of prosecution’s case.

It added that the constant failures on the part of prosecution not only encouraged a criminal in daring to repeat the crime, but also resulted in hurting the faith of victim in law.

“Prima facie, the officers having considerable service have not been provided an opportunity of acquiring necessary skills rather appear to be not aware of legal disposal of an investigation (report under Sections 170/173 CrPC). This indicates that there is no mechanism to understand and learn the investigation skills which would amount in letting the victims to suffer for incompetence of an otherwise expected skilled police officer”, the bench observed.

It further said another aspect is that strangely investigation officers and investigation and operational branches of police were not separate and reshuffling was routine, and recommended that training, refresher courses and seminars be arranged for those police officers not aware of necessary investigation skills as well as law and procedure while the negligence in investigation was assured to bring penal actions.

The bench said that as per 2016 judgement of this court, an amount specified for the purpose of investigation will be given to IOs directly through cross cheque and there must be check and balance as well as awards to the IOs with regard to their efficiency and reduction of crime.

Published in Dawn, October 14th, 2018