LAHORE: The Punjab government is quietly working on how to simplify registration of genuine FIRs and cancellation of the false ones minus courts with the declared aim to “ultimately” save people from the humiliation they face at police stations and during litigation even if a crime is committed against them, or they are wrongly implicated.

“This is a long-standing issue. Getting an FIR lodged is a herculean task which is generally accomplished only if the complainant has influence or money. Implication of innocent people in false cases is another perennial issue and so is the faulty process of ridding of such implications. The plan, if adopted, will resolve all such issues,” a senior official told Dawn on Sunday.

Know more: Police restructuring

He said it was for the benefit of all and an integral part of the overall police reforms. “It is for the welfare of people and will bring about a revolution in the system,” he insisted.

According to sources, the proposals, if finalised, would be sent to the federal government with the request to amend all related laws particularly CrPC. They said the proposed package had roots in the British criminal justice system. The hitherto suggested reforms included considering reporting of a crime simply an FIR and according it a number for official record. The information may be given personally, electronically or by telephone, deleting the requirement of getting signatures or thump impressions of the complainants.

The second step is to make investigators investigate the case, find the truth in consultation with prosecutors and send it to court for trial only if there is reasonable evidence against an accused.

The third step is to authorise prosecutors to drop false cases or discharge innocent people.

The fourth step is to make audio-video recording of the accused and witnesses so that they cannot disown their statements during court trials. The written statements should also be signed by them for the same purpose.

The fifth step is to stop the practice of arresting everyone named in an FIR. The suggested change is to make police arrest only those against whom they find reasonable incriminating evidence. At present, NAB does not arrest anyone on the basis of a mere allegation. The arrest is subject to permission by the chairman or his authorised representative.

Sources said the package was significant due to the existing flawed system. Under it there are inordinate delays in registration of FIRs by the police and due to the condition of the personal presence of the complainant, his or her signatures or thumb impressions.

The police register false or fabricated FIRs of cognizable cases. Investigators and courts over rely on the contents of all FIRs (even if they are false) which are considered sacred. The police arrest even those who ultimately are exonerated by courts merely because they are nominated in an FIR.

Important forensic and other evidence is lost because the process of collecting it starts only after the registration of FIRs (which are delayed).

The process of bail or discharge of an arrested accused against whom no sufficient evidence is available is painfully difficult. The process of cancellation of an FIR too is complicated. And where the system brings a lot of “punishment” to people even if they are ultimately declared innocent, it wastes time of courts disallowing them to concentrate on trials.

“Courts are forced to perform certain executive functions that prevent them from deciding cases. This should be changed for the benefit of people,” an official said.

Published in Dawn, November 10th, 2014