LAHORE: Lahore High Court Judge Justice Ali Zia Bajwa has referred the matter of alleged alteration/fabrication in the digitised and computerized record of the Punjab police to be heard by a larger bench, given the far-reaching implications of the matter.

In the decision that came during the hearing here the other day, the LHC judge declared the case a deserves to be referred to the LHC chief justice for the constitution of a larger bench.

In his decision, Justice Bajwa observes that in light of the matter’s public importance, it is imperative to ensure that it receives the most comprehensive and authoritative consideration possible. The far-reaching consequences of the issues presented necessitate an in-depth judicial review, he adds.

“Given the potential for this case to set a precedent that will guide future jurisprudence, it is prudent to refer this matter for the constitution of a larger bench,” reads the LHC decision.

A larger bench, equipped with a broader spectrum of judicial insight and expertise, is best suited to undertake the nuanced deliberations required and to render a decision that reflects the highest standards of judicial rigor, observes Justice Bajwa.

The matter had assumed significance when the LHC judge, during previous hearing of the case on July 15, observed that computerisation and digitisation of the Punjab Police department’s record has opened floodgates for fabrication and alteration, resulting in violations of the fundamental rights of both the complainants and the accused in the cases.

During the hearing held here the other day, the PITB chairman appeared before the court and submitted a fresh reply.

“His (the chairman, PITB) response and two affidavits filed earlier, fail to eliminate the possibility of alterations and fabrications in the digital police records and documents,” the LHC judge observes.

In his decision, Justice Bajwa says the affidavit provided by the Punjab police DIG (IT), similarly, falls short of assuring the court that alterations or fabrications are entirely impossible in the computerised police documents.

A copy of gazette notification dated Jan 2, 2024, detailing amendments to the Punjab Police Rules, 1934, has also been placed on the record, he says.

“Prima facie, it appears that these amendments, ostensibly made under the authority of Article 112 of the Police Order, 2002, exceed the bounds of that legal provision,” observes Justice Bajwa.

He says that this court has observed in numerous cases that police officials alter and fabricate documents under the guise of digitisation of record.

“The digitisation and computerisation of police documents have indeed ushered in new avenues for malpractice, as the potential for alteration and fabrication has significantly increased,” reads the verdict.

This technological shift, while enhancing efficiency and accessibility, has concurrently exposed the criminal justice system to vulnerabilities that can be exploited to justify illegal detentions, crafting evidence and false accusations, etc.

The LHC judge goes on to say that the sanctity of police records, once maintained through painstaking manual documentation, now faces the peril of digital manipulation.

“In the hands of unscrupulous police officials, this technological advancement can be weaponised, transforming what should be a tool for transparency and accountability into an instrument of deceit and corruption,” says the judge.

Illegal detentions and false accusations, already grave injustices in their own right, are further exacerbated by the ease with which digital records can be altered, he observes.

“This potential for manipulation undermines the very foundation of the criminal justice system, eroding public trust and compromising the integrity of the legal system,” reads the decision.

It is imperative, therefore, that alongside the digitisation of police records, robust safeguards and stringent oversight mechanisms are instituted.

The LHC judge observes that the elimination of preparation of manual police records shall be a complete disaster resulting in violation of right to fair trial as guaranteed under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.

“I find it fitting to refer this matter to the Honourable Chief Justice for the constitution of a larger bench to deliberate on, inter alia, the following critical questions.”

“Does Article 112 of the Police Order, 2002 bestow upon the Provincial Police Officer, the authority to amend the Punjab Police Rules of 1934?

“Whether the process of digitising police records requires careful examination due to its significant impact on the life and liberty of citizens, as, although digital technology enhances efficiency, accessibility, and accuracy, it also presents risks of record alteration and fabrication, therefore, these vulnerabilities could jeopardize the integrity of law enforcement documentation and undermine due process of law?

“Whether the digitisation of police records be permitted, considering the vital importance of these records to the life and liberty of citizens, if it creates opportunities for tampering and alteration?

“Whether the law allows the complete replacement of manual records with digitaised police records, and if so, what procedures would courts adopt to examine such records?

“Whether the mechanism implemented by the Police Department, after incurring substantial expense of Rs549 million from the public exchequer, guarantees a foolproof system that eliminates the possibility of altering and fabricating police records?”

The LHC judge issued directions to his office to present the file before the chief justice for the appropriate orders.

Published in Dawn, July 25th, 2024