Dispensation of justice in the criminal justice system and its administration in Pakistan is not at all easier as enshrined in laws and judicial precedents. People have to sacrifice their lives, properties, honor, and time to access justice because of delayed justice. A number of formidable defects and obstacles have become normal practice in criminal litigation which lead to delayed justice.
The coordination between police and judicial departments is the backbone in criminal justice and its administration to dispose of a case judiciously. However, lack of coordination between both departments, bribes by police investigation officers to create defects in police reports to favour specific people, and inordinate delay in submission of police reports to commence trial, have been the major challenges for many decades. Police and judicial departments, especially prosecution, are equally responsible in spoiling the lawful criminal litigation.
After lodging an FIR under section 154 of Code of Criminal Procedure, 1898, the concerned investigation officer is supposed to submit the findings of his investigation in court following section 173 of CrPC through the prosecution department within 14 days. The report is termed as “challan” in normal criminal court proceedings, but “Report of Police” following CrPC. To start trial proceedings, a police report is mandatory so that the court could have police findings in the shape of the initial investigation to decide pending cases as early as possible for justice. However, in practice, police take months and years to submit challan in court. Mostly, it has been noticed that police do not take much interest in transparent investigation of a registered case within a stipulated time. Unfortunately, courts fulfil their obligation of legal formality by summoning the police, simply.
The judgement with citation as PLD 2018 Lahore 151 sheds light on the same persistent challenge in these words, “Investigation was to be completed without unnecessary delay and as soon as it was completed, officer in-charge of the police station was required to submit a challan through public prosecutor but not later than fourteen days from date of recording of FIR then Officer in-charge of police station would submit interim report within three days of expiry of period of fourteen days stating therein the result of investigation. Court on the basis of such an interim report would commence trial”.
For such late submitting of police reports, the normal practice of judges in lower courts is to issue summons to police, and the delaying tactics of police officials for submission of reports have been disappointing people for many decades who have been knocking the doors of courts for rapid justice. According to a judgement citation 2005 PCr.LJ 384, “investigation was to be completed without unnecessary delay, and where it was not completed within the period of 14 days from the date of recording of FIR; an interim report was to be forwarded to the court by the Public Prosecutor. In the present case, applicability of S.169, Cr.P.C., for discharge of accused was ruled out of consideration as in cross FIR, petitioner was also accused for similar offence. If one accused had been discharged as per report then the petitioner would also deserve to be treated in a similar manner. Despite the lapse of three years from the date of lodging of FIR, challan had not been put in court. Observations made in the impugned report were quashed by the High Court with direction that prosecution would submit challan before the court within a period of 14 days and court to initiate trial in both the FIRs”. The same issue was taken up in 2019’s judgement in these words with the citation 2019 MLD 1139, “Admittedly there is inordinate delay of one year one month in submitting challan against the accused, which also goes unexplained by the prosecution; ransom is not proved”.
The above mentioned two judgments which were reported with the gap of 25 years which shows that the issue of submitting police reports has roots in the past but the judiciary did not play its constructive role to fix the issue that is considered as the main barrier to initiate trial proceedings. People have to wait for justice for years and decades because of this negligence.
Investigation is indispensable in the criminal administration and justice system. Judges have to draw conclusions on the basis of police investigation. Taking bribes by police investigation has become a culture to favour specific persons. The Police Department is always reluctant to take action against its own officials.
The lower as well as higher judiciary should take stern action on the implementation of section 173 of CrPC for the best cause of justice. Lower judiciary at the magistracy level should also come out of its traditional role of fulfilling its obligation of legal formality of summoning notices with no concrete results. It should use its powers for the protection of the rights of people. Criminal liability must be imposed on police officials who submit the police report late by violating section 173 on which conviction and sentence of accused is supposed to be decided. The higher judiciary should also take actions against the lower judiciary for not taking stern actions against police officials for submission of police reports within the stipulated time as per law.
Investigation is indispensable in the criminal administration and justice system. Judges have to draw conclusions on the basis of police investigation. Taking bribes by police investigation has become a culture to favour specific persons. The Police Department is always reluctant to take action against its own officials. Ultimately, the public and legal fraternity suffer from all the catastrophic conditions. Top Police officials and judiciary should work together to overcome the situation to avoid miscarriage of justice.
