IMPROVING QUALITY OF INVESTIGATIONS

Report: POLICE REFORMS: WAY FORWAD

By Police Reforms Committee

1. Distribution of Strength in the District

There is an urgent need to ensure that the strength of officers and men in
the investigation branch is sufficient to be able to perform its functions
efficiently.

In addition it is important that only the most suitable officers are

transferred to the investigation branch. The following measures are
proposed:

 Forty percent of officers in the rank of ASI to Inspector should be the

share of the investigation branch in the District.

 Sixteen to twenty percent of the officers in the rank of Head

Constable and Constable should be the share of the investigation
branch in the District

 Head Constables and Constables transferred to the investigation

branch shall be borne on promotion list.

 All D- list Head Constables shall be transferred to investigation

branch.

 In order to give due importance to Investigation Branch, promotion

to the ranks of ASI and above should be made only from the
Investigation Branch.
 2. Training & Certification

1. Every Police officer serving in Investigation Branch will be trained in the

field of investigation and certified.

2. A School of Investigation will be established in each Province to develop

and design training modules for different levels of investigators.

3. Sindh & KP Police have already established Schools of Investigation. The

other Provinces should also establish such schools. The KP model may
be adopted.

4. The Curriculum Development Programme of Sindh Police has developed

the following modules which may also be adopted by other Police
Services:

a) Basic Investigation Handbook

b) Investigation of Offences: Advanced Module
c) Forensic Investigation Handbook
d) Protecting Human Rights

5. There is a need to develop certification courses for raising the standard

of investigations based on specialization.

The following certification courses are recommended:

a) Basic Investigation Certificate

b) Intermediate Investigation Certificate
c) Advanced Investigation Certificate
d) Specialized Investigation Certificate

6. Only Specialized Certified Investigators may be entrusted with

investigation of the offences for which specialized units have been
established by the Additional Inspector General of Police Investigation
7. The participants of each certification course shall also be familiarized
with terrorism.

8. Training in the school of investigations shall be open for prosecutors and

magistrates/judges.

3. FORENSIC SCIENCE LABORATORIES

 Forensic laboratories play one of the most important roles in collection

of evidence, analysis and protection of evidence. It helps in linking the
criminal to the crime scene.
o Therefore, the reports generated by forensic laboratories must
have unquestioned credibility.

o That reports are credible and not contaminated depends on the

rules and procedures that ensure transparency.

o More importantly credibility is assured by the manner in which the

Laboratory is insulated from extraneous influences.

o This can only be guaranteed by the way in which it is organized.

 Presently Police departments are running rudimentary type of

laboratories.
o Only Punjab Province has a state of the art forensic laboratory.
o This laboratory is ostensibly autonomous and its credibility has so
far not been questioned.
o However, there is need to ensure by its administrative design, the
complete neutrality and transparency of the forensic tests in the
laboratory.
 It is, therefore, of utmost importance to ensure a complete autonomy of
the Forensic Science Laboratories if credibility of reports is to be
guaranteed.
o It is, therefore, proposed that the FSL should have a governing
board comprising of stakeholders of the criminal justice system, a
representative of the legal fraternity and HRCP, scientists and a
pharmacist of repute, an expert in operations research to ensure
transparent and credible procedures and a management expert to
ensure that all systems run efficiently and with due diligence.

4. Witness Protection
 Sindh and Punjab Provinces have enacted law on witness protection.
This should be employed for protection of witnesses in all the provinces.

 In Section 173 CrPC a provision should be added that if the Police has
knowledge that a witness would be under threat, the name and that
portion of his statement which could lead to his identification should be
withheld from the report submitted under this section.

 The problem of non-registration stems from the law which empowers

Police to investigate cognizable offences and prohibits investigation of
non-cognizable offenses.

 The second important reason for burking is citizen lack of faith in the
justice system - The victims are more interested in settling the matters
privately.

 According to District Health Information System, which was funded by

the Japanese Government:

 In 2010 over 930,000 people were treated in District Hospitals for

road traffic injuries.
  On the other hand the statistics available with the Government of
Pakistan relate to around 14,000 death and injury accidents.

 It is quite clear from this that the victims of road traffic injuries do
not access the Police and the judicial system.

 It is proposed that only death and serious injuries involving loss of

limb etc. should be dealt under PPC. Other cases should be dealt
under the provisions of MVO.
 The problem is further compounded by section 155 CrPC which deals
with information relating to non-cognizable offences.

 In this case the information is recorded in the Roznamcha and the

informant is referred to the magistrate.

 No other action is taken by the Police unless magistrate orders an

investigation.

 As far as the victim is concerned, this act of the Police tantamount

to inaction.

 The law requires the magistrate to take cognizance of this offence

which seldom happens.

 This provision of law is a travesty and mockery as far as the victim

of non-cognizable offenses is concerned.

 The victim is convinced that there is no remedy for him.

 The second problem with the procedural law is that it encourages

informal justice systems.

 Finding no remedy victims look for an alternate system for redress.

  The victim is forced to knock the doors of the influential and
powerful personalities of the area who may or may not deliver
justice as they have their own priorities or vested interests.

 The Police are absolutely forbidden from investigating non-cognizable

offences without the order of a magistrate.

 Taking into consideration the present condition in the society and to

ensure zero tolerance the law may be amended empowering the
Police to investigate non-cognizable offences.

 However, in such cases arrest shall not be made without a warrant

from a magistrate.

5. Coordination with Prosecution and Judiciary

 Investigation and Prosecution branch will maintain close liaison for

removing flaws in investigation, gathering cogent evidence and following
up cases at trial stage.

 A representative of the prosecution branch will be associated with the

investigation of important cases from the initial stage of the
investigation.

 The SSP Investigation and the District Public Prosecutors will arrange
monthly coordination meeting to improve coordination between the two
important institutions of criminal justice system.

 In order to establish intra institutional training for investigators,

prosecutors, judges and lawyers the Investigation Training School shall
be open to all professions.