The dispensation of justice within the criminal justice system and its administration in Pakistan is far from easy, as stipulated by laws and judicial precedents. People often find themselves having to sacrifice their lives, properties, honour and time to access justice due to the pervasive issue of delayed justice. Numerous formidable defects and obstacles have become a customary part of criminal litigation, leading to significant delays in the delivery of justice. The role and coordination between police and judicial departments is the backbone in criminal justice and its administration to dispose of a case judiciously. However, lack of coordination between both departments, bribes by police investigation officers to create defects in police reports to favour specific people and inordinate delay in submission of police reports to commence trial have been the major challenges for many decades. Police and judicial departments, especially prosecution, are equally responsible in spoiling the lawful criminal litigation.
After filing an FIR under Section 154 of the Code of Criminal Procedure (CrPC), the investi-gating officer is required to submit the findings to the court within 14 days as per Section 173 of the Code of Criminal Procedure, 1898. This report, known as a “challan” in regular criminal court proceedings, is termed the “Report of Police” under the CrPC. A police report is essential to initiate trial proceedings and allow the court to promptly decide pending cases in the interest of justice. However, in practice, the police often take months or even years to submit the challans to the court. Unfortunately, it is frequently observed that the police lack enthusiasm for a transparent investigation within the stipulated time. Consequently, courts fulfill their legal formality by merely summoning the police.
Submitting police reports late, normal practice of judges in lower courts to issue summons to police and delaying tactics of police officials for submission of reports have been disappointing the people, who have been knocking the doors of courts for speedy justice, for many decades. According to a judgment citation 2005 PCr.LJ 384, “investigation was to be completed without unnecessary delay, and where it was not completed within the period of 14 days from the date of recording of FIR; an interim report was to be forwarded to the court by the Public Prosecutor. In the present case, applicability of S.169, Cr.P.C., for discharge of accused was ruled out of consideration as in cross FIR, petitioner was also accused for a similar offence. If one accused had been discharged as per report then the petitioner would also deserve to be treated in a similar manner. Despite the lapse of three years from the date of lodging of FIR, challan had not been submitted in the court. Observations made in the impugned report were quashed by the High Court with directions that prosecution would submit challan before the court within a period of 14 days and court to initiate trial in both the FIRs”. The same issue was taken up in 2019’s judgment in these words with the citation 2019 MLD 1139, “Admittedly there is inordinate delay of one year and one month in submitting challan against the accused, which also goes unexplained by the prosecution; ransom is not proved”.
The above mentioned two judgments which were reported with the gap of 25 years depict that the issue of submitting police reports has roots in the past but the judiciary did not play its constructive role to fix the issue that is considered as the main barrier to initiate trial proceedings. People have to wait for justice for years and decades because of this negligence.
The lower as well as higher judiciary should take stern action on the implementation of section 173 of Cr.P.C. for the best cause of justice. Lower Judiciary at magistracy level should also come out of its traditional role of fulfilling its obligation of legal formality of summoning notices with no concrete results. It should use its powers for the protection of the rights of people. Criminal liability must be imposed on police officials who submit the police report late by violating section 173 on which conviction and sentence of accused is supposed to be decided. Higher judiciary should also take actions against lower judiciary for not taking stern actions against police officials for submission of police report within the stipulated time as per law.
Investigation is indispensable in the criminal administration and justice system. Judges have to draw conclusions on the basis of police investigation. Taking bribes by police investigation has become a culture to favour specific persons. Police department is always reluctant to take action against its own officials. Ultimately, the public and legal fraternity suffer from all the catastrophic conditions. Top police officials and the judiciary should work together to overcome the situation and avoid any miscarriage of justice.
—The writer is a Lahore-based legal practitioner, human rights activist and working on Criminal laws of Pakistan and America.
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