The shenanigans over the registration of the FIR in the case of the attempted assassination of Imran Khan may end up spoiling the case against the assailant so much that the police may have to let him go. That would be a pity, because he has recorded a video-confession, but the police are running out of the time they can hold him because he cannot be charged without a First Information Report (FIR). That FIR has not been filed because the victim, PTI chief Imran Khan insists on nominating a serving officer, the ISI’s DG ‘C, along with the Prime Minister and the Interior Minister. Punjab Chief Minister Pervez Elahi is refusing the registration of the FIR of the last-named, who is a serving Army officer. The PTI chief is in something of a bind, for normally if an SHO refuses to register an FIR, a complainant can take recourse to the appropriate magistrate and apply for the filing of the FIR. However, for that to happen, an application has to be made to the SHO, who has to reject it. That application has not been made.
The problem of not filing the FIR has many ramifications. The first is that no Joint Investigation Team has been formed. The second is the physical or judicial remand of the three men arrested after the incident, has not been granted, and the police force responsible cannot begin investigations. Another hurdle has been the failure of the police to have a medicolegal examination of the victim, in this case Mr Khan, conducted. It is perhaps not possible to over-emphasize the importance of this examination. Its purpose in the case is vital, but at this stage it is absolutely essential not just to register an FIR, but to the further proceedings of the investigation. It so happens that such an MLE can only be conducted at a government hospital. The Shaukat Khanum Cancer Hospital, where he went after the attempt, is a private hospital. It has been suggested that he be examined there by government doctors, but the opportunities opened even to a pedestrian lawyer of challenging the MLE in court, and thus undermining the prosecution case, are too vast to be ignored.
The initial investigation is exceedingly important. However, is it being efficiently conducted? Has the crime scene been properly preserved, and evidence collected from it? The FIR is important, but it is not immutable. The investigating officer, who has not been designated yet because no FIR has been registered, can file supplements, such as of other possible miscreants not initially nominated. High-profile accused can be left to that stage of the investigation, if evidence does emerge.
