WHILE providing free legal aid to a gang rape victim namely-F —a GCU student—under the Free Legal Services Project of Sandhu Law Firm Int’l for the registration of an FIR regarding the alleged incident, I, as a criminal lawyer and human rights activist, accompanied the victim to the Women Police Station, Race Course, Lahore.
As an eyewitness to various events that unfolded in a short span of time, I observed several flaws in Pakistan’s criminal justice system that pose serious threats to human rights, as protected by the UDHR, the Covenant on Civil and Political Rights and the Constitution of Pakistan (1973).
Firstly, most cases of harassment and sexual abuse go unreported due to the socio-cultural norms and values of our society.
Victims are often reluctant to report such incidents, fearing hurdles in their marital and professional lives over time, as well as concerns about bringing embarrassment to their families.
Consequently, these cases either remain unreported or are reported with significant delay.
Recognizing these societal realities and parental responses to harassment and sexual abuse cases, Justice Asif Saeed Khosa, a judge of the Supreme Court of Pakistan, highlighted in his judgment the justification for delayed FIRs in such cases.
Similarly, in this instance, the victim (F) reported the occurrence twelve days later, after facing blackmail from the accused, following my efforts to raise her awareness of her legal rights and available remedies.
Secondly, crime rates, performance evaluations and the rule of law within the territorial jurisdiction of each police station are assessed and the SHO of the concerned police station is held accountable for fluctuations in crime levels.
To reduce crime rates, SHOs are often hesitant to lodge FIRs in heinous cases, relying on technicalities to avoid registering even cognizable offenses.
Ignoring their legal duties, they frequently resort to illegal and traditional methods to settle disputes, including bribery, financial compensation, threats, torture and pressure on victims or accused persons to drop cases.
In the alleged gang rape case, the SHO of Women Police Station, Race Course, Sania Ashraf, offered bribes and financial compensation to both the victim and me as her lawyer.
She also assured that the explicit material of the victim, made by the accused, would be deleted through traditional police methods such as arresting, torturing and threatening the accused—provided the FIR was not registered.
When the victim refused these illegal options, the SHO emotionally tortured her using traditional coercive techniques.
She even undressed the victim in her private retiring room under the pretence of investigation and took pictures of her private parts, allegedly to send them to the superintendent of police to gain approval for registering the case, as the SHO later admitted after the victim protested.
The SHO also remarked that Pakistan’s judicial system was so ineffective that it could take years to punish the culprits, but she could ensure swift justice within days through financial compensation.
Ultimately, an FIR was lodged only after media intervention and pressure from high-ranking police officials.
Section 154 of the Code of Criminal Procedure mandates that the SHO register an FIR without delay in cognizable offenses, with facts gathered during the investigation and medical examination stages before cases are decided on merit in court.
Mostly, Police in Pakistan uses traditional ways to register cases and also harasses victims in the name of investigation by adopting traditional methods.
That is the reason, culture of police stations is outdated and putting bad smudges on the real face of Pakistan’s criminal justice system that prevents individuals from accessing fair and effective legal processes under law.
Pakistan’s police station culture is devoid of transparency, legality and fairness and effectiveness of process.
That is the reason, victims are hesitant to visit police stations and a large numbers of criminal occurrences go unreported.
Look how police takes reactionary measures on highlighting their illegal conducts!
Later on, SHO through government lawyer pressurized the gang rape victim to implicate me in the statement of 164 CrPC to create legal grounds for reaction, however the victim refused to do so to much extent.
Later on, the gang rape victim despite giving me consent to appear before media with face through chat filed a case against me on pressure of SHO on making video of her protest in police station on inhuman, degrading and illegal treatment of SHO.
I was even threatened to life on highlighting the issue being legal counsel.
Sustainable Development Goal No.16 set by United Nations calls for Peace, Justice and Strong Institutions, however, pathetic performance and bad reputation of Pakistan’s police stations are playing negative role to achieve tasks following SDG No.16.
Reformative approach is required to make the department of police stronger practically.
—The writer is a Lahore-based public litigation Advocate of High Court & researcher on human rights and criminal justice system. (ch.changezi.sandhu.111@gmail.com)
