SHC terms police investigations ‘a get out of jail free card’ in gender-based violence cases

The Sindh High Court has directed the provincial police chief to file comments why investigation lapses are continuously recurring in rape cases and why investigation officers are so clueless and insensitive about investigation in gender-based violence.

The direction came on an application of a woman, who has challenged the disposal of her kidnapping and rape complaint by the police without any proper investigation in Larkana’s Waleed police station jurisdiction.

A single bench, headed by Justice Omar Sial, after perusal of the evidence, observed that its seems that police did not carry out an iota of investigation and recommended the case for disposal for want of evidence before the judicial magistrate.

The court observed that the applicant had submitted that she was forced to record her statement and since the day of the registration of the FIR she had been victim of harassment and aggression from the accused and certain members of the Larkana police station, who had pressured her to withdraw the case. It further remarked that it is disappointing to see that repeatedly in cases of gender-based violence the police completely show a lack of apathy.

The court observed that directions of the Supreme Court and provisions of the Anti-rape (Investigation and Trial) Act 2021 had not been complied with in the instant case. It said women investigation police officers must be included in gender-based violence cases, as in this case the investigation officer did not collect a shred of evidence because of an alleged pardon that the woman had given to all accused.

It said that keeping in view of social dynamics largely spread in the rural areas where violence against women at times is justified on grounds of tradition and culture, the alleged pardon should have in itself raised a red flag for the investigation officer and he should have further looked into it to establish whether the victim has been pressurized in any manner to render the pardon.

The court directed the IGP to file his comments explaining why such investigation lapses are continuously recurring in gender-based violence cases and why investigation officers are so clueless and apparently insensitive about the investigation in gender-based violence cases.

The police chief was further told to explain to the court what the police can do to improve investigations in gender-based violence cases. It said it seems at the moment that investigation itself is a “get-out-of-jail-free-card” for the perpetrators.

The court noted that the SP headquarters conceded that mistakes were made in handling the case. It said a casual non-serious attitude of the police department in cases of gender-based violence is saddening and unacceptable and a lack of apathy of the law enforcement agencies in this regard must end.

It set aside the judicial magistrate order with regard to the disposal of the case under C class and directed the DIG Larkana to appoint any capable woman officer who is capable of handling gender based-violence cases to reinvestigate the complaint by the woman petitioner and submit a fresh charge sheet before the relevant court.

The court observed that such observations shall not be interpreted to impute any guilt or innocence on the accused persons and the investigation officer shall be at complete liberty to reach any conclusion, which she is of the view is true situation. The court observed that the judicial magistrate shall also be at complete independence to take any decision that it in its wisdom deems appropriate.

It also took notice of the conduct of the SSP Larkana who did not appear before despite a notice served on him and directed him to file his comments about his conduct and present a case on the next date of the hearing.