Unempirical investigation system leads to flawed prosecution

Islamabad : The outdated unempirical investigation system by our law enforcing agencies, especially the police and other investigation agencies have frequently led to flawed and weak prosecution, on one hand benefiting the criminals and on the other leads to punishments to innocents.

Our police, in particularly are employing the outdated, colonial means of investigations, mainly revolving around use of third degree tactics to draw confessions from criminals, which in almost 90 per cent of cases, are negated in the court of law as drawn under duress, leaving prosecution in quandary.

Senior police officials conceded that the use of 'third degree' tactics by the investigators in the police stations to get confessional statements has frequently led to embarrassment in the courts of law.

“Our police are still engaged in the unorthodox and colonial methods of investigations to unearth evidences to substantiate the allegations. Rounding up the close family members like father, brothers and even the female members of an alleged criminal to force him to surrender before the police is still a common practice.

“Similarly, use of extreme forms of violence in the police stations by police against alleged criminals is still continuing despite repeated directions to avoid such tactics but unfortunately such directions are mostly not followed,” a retired top cop of Punjab said while talking to ‘The News’.

He said that there is a dire need to immediately train the investigators in police and the first step would be to separate investigation/prosecution in the police department.

Former Inspector General of Police, Zulfiqar Cheema when contacted to obtain his opinion regarding deteriorating situation way of investigation employed by the investigation agencies, narrated, “Even today many Police officers are either ignorant of the concept of scientific investigation or they ignore the basic requirements of investigation and resort to torture or other third degree methods.”

Most of the police officers even in Punjab overlook the basic requirements of crime scene management, he maintained, adding, however, the quality of investigation in other provinces is extremely poor and worse than Punjab.

The former IGP said the preservation of crime scene, search and collection of relevant pieces of evidence is least important for them. Interview and interrogation of suspects and accused persons is a complete subject, which needs specialisation, but most of our police officers are not fully familiarised whit it. They are familiar with one method only and that is third degree method.

Unlike developed countries, accused is arrested first and the evidence is collected afterwards.

“Now a day, it is a common practice that police file is written by 'writers (retired police officers)' on payment. When a police officer has not drafted the crime scene site plan / not recorded the statements of the witnesses / recovery memos, all the benefit is given to the criminals,” Zulfiqar Cheema said.

It has been observed many times that signatures of witnesses are missing on the recovery memos resulting in instant ball from the trial court, he pointed out a weak point made from the investigation officers, adding, 95% of the times police officers are reluctant to carry out identification parade in property cases. As per several directions of the superior courts, it is a compulsion in such cases where unknown accused are involved, he said. This procedural mistake also provides benefit to the criminals, he maintained.

Mr. Cheema said, “In property/murder/hurt cases, evidence is usually recovered/received in the police station instead of recovery after being pointed by the accused e.g. murder weapon is brought by brother of an accused and presented in police station before the I.O. as weak evidence.”

In dacoity/robbery cases, physical description of the accused is not mentioned. Secondly, their roles are not defined properly, giving benefit to the criminals at later stages of the trial, he said, adding, “In cases relating to section 420/468/471 PPC, verification of fake documents is not carried out and the case is weakened.”

“Unnecessary delay is observed in sending the firearms to Punjab Forensic Science Agency (PFSA) for forensic report in violation of the procedure/court directions, Mr. Cheema said and add, "Sampling in narcotics cases is usually not proper e.g. if 50 bottles of liquor are recovered, 50 separate samples should be sent to PFSA for forensic examination.” “Procedural mistakes always affect the investigation as investigation of 295-C can only be done by an officer not below the rank of SP. Secondly, it requires the prior permission of the Home Department before registration of the case,” the former IGP said.

"In supplementary statements, the complainant nominates other accused persons without informing his source of information. At the trial stage, the benefit lies with the accused. Sometimes, cases are registered directly by police officers on information provided by general public. Statement of 161 CrPC should be recorded to strengthen the case,” he said.

Zulfiqar Cheema said, in rural police stations, it has been observed that investigations/disputes are finalised on Quranic Oath. There is no evidenciary value of such activity in criminal law. Sometimes, procedure is not followed while recording dying declaration e.g. the dying declaration/application to record such statement must be attested by the concerned doctor, he maintained.

It has been observed that audios/videos are sent to PFSA for forensic examination in a USB. The PFSA authorities demand original source (cellular device) which is not available with police. It weakens that particular evidence, he added.

The former IGP said, “In narcotics cases, the officer who has recovered the drugs cannot investigate that case. Some other officer should be deputed for investigation of such cases.” In Sodomy and rape cases, statement of 164 CrPC should be preferred. On later stages of the case, the victim/witnesses retract (hostile witness) from their statement of 161 CrPC, he added.

Narrating some common procedural mistakes, the former IGP said, adding, “In cases of PITRO (Punjab Information of Temporary Residents Ordinance 2015) a seven-day notice prior to registration of FIR is a compulsion. (Usually FIRs are lodged directly).”

“In Sound System Act, statement of a private person affected by loud sound is not recorded benefitting the accused, the former IG said.

In cases registered Prevention of Gambling Act, investigation should not be carried out by an officer below the rank of Sub-Inspector, he maintained.

“As per Punjab Marriage Functions Act 2016, Government's notified person can be complainant of the case whereas in reality, SI/ASIs are directly registering FIRs and carrying out the investigation,” he pointed out.

Despite all these lacunas in investigation, prosecution department clears the challans for submission in the court for their own vested interests resulting in acquittal of the criminals from courts, former IGP Zulfiqar Cheema concluded.