Investigations and the rule of law

In our country, the conviction rate of criminals is rather poor, which has created frustration among the law-abiding citizens, and has tarnished the national image around the globe. The country is continuously faring badly in the World Justice Project (WJP) Rule of Law Index every year, and that is not good news; not even acceptable.

All this is happening because we never paid attention to the investigation process carried out by law-enforcement agencies. Instead of improving the process and structure of investigation, we solely focus on security measures that have made the country a security state. We have enough law-enforcement agencies to fulfil these security purposes.

However, an unfortunate reality is that we often deploy investigating officers (IOs) or other officials on security duties, which is why the investigation process never concludes in the given timeframe. After joining the investigation wing of Sindh police, I observed the scarcity of amenities for IOs to monitor and draw concrete walls around the criminals.

Some instant apparatus/reformative measures are needed to improve the standards, such as the services of crime record office (CRO), call data record (CDR), tracking of accused, and ‘Talash’ app. These should be provided to the IOs. Investigation kit should be provided to them free of cost, as cited in Police Rules, 1934, Chapter 25, Section 58-3.

The minimum cost of investigation should be Rs3,000 as the cost of legal papers and stationery have increased due to inflation. The concept of mutual coordination is the primary object to tackle the situation with other agencies, such as the Operations Department, Forensic Experts Unit, Crime Scene Unit, and technical experts, like geo-fencers.

A special cadre should be established to appoint IOs and to frame recruitment rules wherein MSc Criminology should be made mandatory for such appointments.

At least two police vehicles should be provided to each police investigating unit.

The IOs and prosecutors put in hard efforts to scrutinise, support and strengthen the effects of the first information report (FIR). If any FIR is authorised by the IO, he/she has to visit the crime scene as soon as possible, capture the crime scene on camera, draw out site inspection, and write a memo of site inspection, according to the relevant rules and their respective clauses. Later, he/she releases the crime scene as deemed appropriate.

The IOs must read and understand Chapter 25 of the Police Rules, 1934, Sections 154 to 176 of the criminal procedure code (CrPC) and the Criminal Law Book.

Last but not least, in case of bailable offences, the IOs must mention a suggestion note in the last paragraph of the remand (under Section 167 CrPC) letter that the offence is bailable and compoundable.

However, it is the discretionary powers of the court to deem appropriate and pass orders on the IO’s suggestions so that the burden of cases of under-trial prisoners (UTPs) is relaxed. Small steps in the right direction can bring huge changes in society.

ASI AAMIR ALI

KARACHI

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