KARACHI: Expressing concern over a lack of coordination between investigating officers and medico-legal officers, the Sindh High Court on Wednesday directed the provincial authorities to evolve a mechanism for appointment of MLOs and police surgeons.

The SHC observed that the MLOs and authorised medical officers were required to have complete coordination with the investigation wing of police, but it seemed to be not possible as there was no proper mechanism for appointments on such specific posts.

A single bench of the SHC headed by Justice Salahuddin Panhwar issued the directive during the hearing of an appeal in a murder case.

The applicant contended that it was a case of “hanging” while the prosecution said that it was “asphyxia”. The IO, along with other police officers and the prosecutor who supervised the investigation, admitted that they were not aware of the difference between hanging and asphyxia and there was no guideline in such a condition.

The MLOs submitted that they had not received any clarification from the IO about the facts of the case and the injuries to verify that in such circumstances an injury can be caused or not.

The bench said prima facie there was a lack of coordination between IOs and MLOs. It added that the expert opinion helped the IO to know about the timing of ante-mortem injuries and possible position of the suspect while causing injuries and the crime weapon that resulted in ante-mortem injuries.

“These aspects are always to be examined keeping in view the inquest report and claimed cause of death, if any, so that truth may come on surface which, otherwise, is the sole purpose of the investigation,” it added.

“Therefore, the role of MLOs and police surgeons [is] always of vital importance,” the bench said.

It further observed that the lack of coordination between IOs and MLOs may result in derailing the investigation from right direction.

The bench directed the chief secretary, home secretary, inspector general of police and prosecutor general, Sindh to examine this aspect and provide a mechanism that fresh appointments of MLOs and police surgeons will be made keeping in view the objective of the posts and purpose instead of picking them from the general cadre.

It also ruled that there must be a policy that appointed persons should be skilled and well aware and ready to help the investigation wing in finding all possible angles.

There must also be a mechanism to supervise high-profile cases, training of MLOs and police surgeons and endorsement of post-mortem reports, it concluded.

Published in Dawn, January 17th, 2019

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