KARACHI: The Sindh High Court took exception to poor investigation in gender-based violence cases and directed the inspector general of police (IGP) to file comments regarding the lapses continuously recurring in such cases.

A single-judge bench of SHC headed by Justice Omar Sial also questioned as to why investigators were clueless and apparently insensitive about investigation in these cases.

The bench also asked the IGP regarding improvement of police investigation in gender-based violence cases and directed him to file comments through the additional advocate general till Jan 5.

It said that casual and non-serious attitude of police in such cases was saddening and unacceptable and added that female investigators must be involved in the gender-based violence cases of such nature.

Asks IGP to file comments on steps taken to improve investigations in such cases

The bench noted that the directions of the apex court in the Salman Akram Raja case as well as the provisions of Anti-Rape (Investigation & Trial) Act, 2021 had not been fully complied with.

These directives were issued during the hearing of an application of a woman against the April 12 order of a judicial magistrate (Larkana) for approving a “C” (cancelation) Class report of police to dispose of a case about her kidnapping and rape.

The SHC noted that as per the magistrate’s order, two witnesses in their statements to police had initially supported the case, but later they somersaulted on their earlier stance while the victim also supported the disposal of case in “C” Class.

However, the victim/complainant appeared before the SHC and explained that she was forced to record such statement since the day she had lodged the FIR.

The complainant further submitted that she was a victim of harassment and aggression from the accused as well as certain police officials posted at the Waleed police station.

The bench noted that the investigating officer had no cogent explanation for filing such a report and deplored that police had continued to show a complete lack of apathy in such cases.

The SSP-Larkana was summoned to assist the court on the subject matter, but he did not turn up and most shockingly sent a reply that he was busy in a VIP duty, which the bench said was simply unacceptable.

“If such is the conduct of the SSP not much can be hoped from his subordinates. All ‘VIP’ duties should certainly cede to a situation where the SSP is required to assist in a case of such a nature”, it added.

The court said that it was showing judicial restraint and not issuing a contempt notice to SSP, but directed him to file comments about his conduct as well as the case in hand and also come up along with the SP-headquarters and current IO of the case on Jan 5.

The bench in its order further noted that the IO of the case did not collect a shred of evidence due to alleged pardon.

“Keeping the social dynamics largely spread in especially the rural areas, where violence against women at times is justified on grounds of tradition and culture, the ‘pardon’ should have in itself raised a red flag for the investigating officer that he should look more into it to establish whether the victim had been pressurized in any manner to render the ‘pardon’,” it added.

Setting aside the order of the magistrate, the bench directed the DIG-Larkana to appoint any capable female officer to reinvestigate the case with complete independence and submit a fresh charge sheet in the relevant court.

It said that the magistrate must also be at complete independence to take any decision, but the court must keep in mind that an offence under Section 376 (punishment for rape) of the Pakistan Penal Code is a non-compoundable offence.

The police did not carry out an iota of investigation, but recommended the cancelation of the case, it added.

The lawyer for victim has displayed some photographs in the courtroom to show bruise marks on the body of the applicant allegedly inflicted y the respondents/accused persons.

The victim had lodged an FIR under Sections 376 (punishment of rape), 365-B (kidnapping or abduction or inducing woman to compel for marriage, etc.) and 511 (punishment for attempting to commit offences with imprisonment for life for a shorter term) of PPC at the Waleed police station in Larkana.

She submitted that several police officials including Alam Abro had actively and forcefully pressured her to withdraw the case.

Published in Dawn, january 1st, 2023