Poor investigation leads to injustice

Islamabad : Thousands of innocent people are in jails and undergoing, death and life imprisonment, without committing any cognisable offence due to defective criminal justice system and poor circuit of the investigation, because the structure of investigation is built on the foundation of monitory magnetism, not on the truth and reality.

Criminal investigations in Pakistan move from criminal to the crime scene which ultimately leads to the invention of substantiation, forced confessions, torture, and ultimately acquittals or wrongful convictions.

Investigation under the Criminal Procedure Code (CrPC) is defined as the collection of evidence which in turn requires the use of scientific tools and latest techniques.

To perk up investigations, police must shift their focus on the crime scene and use scientific methods, ensure the chain of custody procedures and secure the evidence to identify the criminal.

Police are the entry point in the criminal justice system and an entrance for access to justice. If its nucleus task of the investigation is compromised due to political interference, vested interest, or corruption coupled with inefficiency, it will definitely lead to the closure of justice at the doorstep.

There are examples in the past where lack of expertise and poor handling of evidence at crime scenes lead to a negative impact on the final verdict. Poor handling, preservation, and incomplete crime scene investigation left a gap in evidence in the trial leading to failure in getting a conviction. In spite of a mountain of evidence given by the prosecutor, serious doubts had been created by defence on evidence. The impact of lacking proper training also influenced the crime scene processing including evidence collection and subsequently case investigation as well.

It is high time that investigative role shall be further strengthened and enhanced and only sanctioned investigators must be deputed by law to investigate the cases and in case of motivated or wrong arrests, the investigation officer and the department must face the civil damages suits.

Pakistani criminal justice system establishments are not capable to cope with the challenges being faced. Police, prosecution, judiciary, and prisons lack sufficient modern education, required technology, and a rule of the law-oriented conception of the criminal investigation. These phenomena have led to a lack of trust on the part of the populace in the execution of the system.

The structure also suffers from a lack of capacity on the part of individual institutions and involved actors, especially with regard to coordinating their efforts. Crime rates are high, yet only a small proportion of cases result in convictions. The system and its institutions, the public prosecutor’s office and the judiciary are largely inefficient, outdated, subject to political influence, and fragmented. Despite these shortcomings, they are under considerable pressure to produce results.

Crime scene investigation is an important tool in the criminal investigation process. Proper processing of a crime scene is a prerequisite for successfully solving a criminal case. In Pakistan, local policemen are not properly trained and equipped with the necessary items required for systematic processing of crime scenes including proper identification and collection of evidence. Certain capacity-building measures and improvements must be needed for the proper processing of crime scenes in Pakistan. This article focuses on the current situation and strategies being practiced in Pakistan followed by suggestions for capacity-building measures in this field.

Crimes are often investigated poorly in developing countries like Pakistan because forensic science is rarely considered a part of the process. The importance of crime scene investigations has not only been neglected but has also been underestimated in past. One reason for substandard crime scene processing in Pakistan is the lack of many crime-solving technologies that have already been utilized in developed nations. However, the nature and magnitude of terrorist attacks, activism in judicial institutions, extensive media engagement, and growing public awareness have put pressure on the police force to look beyond traditional methods of investigation. Though forensic methodologies are not infallible but going forensic is unavoidable if the police are to respond to the innovations taking place in the field of crime. The capacity of the policing in Pakistan to deliver on cracking a case is severely diminished by the lack of forensic services, inadequate training, and equipment. As we know an efficient functioning police service is required for solving many hideous crimes.