The Sindh High Court (SHC) has directed the police, prosecution, medico-legal officers and presiding officers of trial courts to ensure strict compliance with standard operating procedures prepared for dealing with rape, sodomy and sexual violence cases.
The direction came recently on a petition filed by Kainat Soomro and others seeking reforms in the investigation process of rape and assault cases. The petitioners said the Supreme Court had directed the provincial government and other authorities to reform the investigation process of rape cases but the orders of the top court were not being followed.
The petitioners said rape survivors were unable to get justice due to faulty investigation process. They also filed a contempt application requesting the high court to order the respondents to take immediate steps to improve the investigation system and take action against officials responsible for non-compliance with the court directives.
The SHC on a previous hearing had issued directions for the formulation of standard operating procedures (SOPs) to deal with rape and sexual assault cases. The court was informed that the final SOPs had been prepared after consultation with the stakeholders to deal with the sexual violence crimes.
According to the SOPs for the assistant inspector general of police (AIGP) investigation, AIGP forensic and concerned SSPs, the investigation of rape, sodomy and sexual assault cases shall be supervised directly by the SSP concerned who shall be immediately intimated by the SHO when an FIR for such offences were lodged.
The SOPs stipulate that forensic teams tasked with collecting samples and evidence should be notified for each district and the SSPs should ensure that their teams are fully equipped with all the required material so as to scientifically collect the evidence. The concerned SSP in coordination with police surgeons will monitor on a weekly basis the DNA testing and ensure strict action is taken against the officers responsible for the delay.
According to the SOPs, the AIGP investigation and AIGP forensic shall ensure that the notified laboratories do not refuse to accept DNA samples or refuse to give report on the pretext of non-payment of fee. However, the home secretary and the IGP shall ensure that the requisite funds are allocated and disbursed by the Sindh government for the timely payment of DNA test fee to the concerned labs.
It was decided in the SOPs that the SSPs concerned in coordination with district health officers must ensure that female medico-legal officers are available round the clock or on call at least in each taluka or town level hospital and such hospitals should be notified in each district so that victims are taken to the nearest hospital.
The SOPs state that in the event any DNA test and/or its report is pending due to non-payment, the laboratory bills/liabilities should be cleared immediately from the cost of investigation head or from the cost of investigation inspector general of police reserve account.
The SOPs for sampling and preservation of DNA samples in rape and sexual violence cases have also been prepared for the police station’s duty officer with regard to registration of case, preservation of forensic evidence, collection of DNA samples and scene of crime. The medico-legal officers and forensic teams have been directed to take DNA samples and other necessary tests from the victim without a delay.
A division bench of the SHC headed by Justice Mohammad Ali Mazhar after taking the SOPs on record disposed of the contempt application with a direction that the SOPs shall be religiously followed for proper and effective implementation of the superior courts judgments.
The SHC directed the IGP to ensure that the SOP document was translated in Urdu and Sindhi languages and distribute it in English language as well as in Urdu and Sindhi to all the police stations in Sindh within 20 days.
The high court directed that the SOPs shall also be transmitted to the prosecutor general, advocate general, all DIGs, registrar of court, all district Judges and ATC judges of the province.
