Faulty investigations

'Nothing matters but the facts. Without them, science of criminal investigation is nothing more than a guessing game'

“Nothing matters but the facts. Without them, the science of criminal investigation is nothing more than a guessing game.” — Blake Edwards

A few years ago, on the eve of his retirement during an informal chat with under-training assistant superintendents of police, the outgoing commandant of the National Police Academy aptly advised them to make supervision of investigation of cases their top-most professional priority. The logic behind his advice was that the quality of the investigation not only facilitates the dispensation of justice, it also also improves the state’s image.

Recently, a judge observed that police investigators who have barely cleared their matriculation, are hardly able to write correct Urdu, let alone carry out a competent investigation. The court ordered improvement of the training of 8,000 investigators of the Punjab police.

The Police Order (PO) 2002 introduced functional specialisation in the police department. This gave birth to compartmentalisation between operations and investigation wings. The prime objective of this compartmentalisation was to improve the quality of investigations, attract better talent towards investigation wings and stop interference from those heading operations wings but this did not yield the desired results. Most investigation units remain unwilling, poorly trained and de-motivated.

Before the introduction of PO 2002, there was no specified procedure for reimbursements of investigation costs. In other words, complainants or victims had to share some burden. After the promulgation of PO 2002, provincial governments allocated the cost of investigation. However, a majority of investigators are not aware of these reimbursement procedures nor do complainants have any knowledge of these. Reimbursements of costs need transparency; otherwise, poor complainants will continue to have to grease the palm of corrupt investigators.

Recent news regarding the investigation of 73,739 pending cases that need to be investigated by 864 investigators of the Lahore police carries a number of unanswered, hidden questions of public interest. The issue of faulty investigations should not be evaluated in isolation. This requires a holistic approach. The quality of the investigation is dependent upon the induction of dedicated investigators, honest deeds, capacity building, fairness of the complainants, volunteerism of witnesses, availability of forensic facilities, employment of experts and better understanding among investigators, prosecutors, lawyers and the judiciary.

The investigation is the first operational phase of the criminal justice system. Quality investigation not only saves the time of the court, it also enhances public confidence in the state. The aim of investigations should not only be the collection of facts and the arrest of the accused. They should also facilitate prosecutors and judges to either convict or acquit suspects. The professional rivalry between operations and investigation wings has contributed towards the quality of investigations being compromised, which has only added to the inconvenience of the complainants. The reluctance and non-cooperation of witnesses also badly affects the task of investigators. The immediate presence of media persons and public on the scene of crime compromises the quality of evidence. Disinterestedness of complainants in pursuing their cases and out-of-court compromises do not help either.

Police training schools devote maximum time towards physical training and creating awareness about legal provisions. There is no organised attempt to train officers in the latest investigation techniques. Many investigators end up learning about investigation techniques during the course of investigations and hence rely on on-the-job learning. It is also important to note that as first responders, the operations staff usually reach the crime scene prior to the arrival of investigators. Circumstantial evidence is processed by them and later handed over to the investigators. For professional handling of the scene of crime, it is imperative to ensure instant mobility of investigators. While PO 2002 attempted to instill professional autonomy within the hierarchy of investigation wings, practically speaking, on-ground duality of command badly affects the independence of the investigators and the quality of investigation.

In this age of technological advancements, criminals often take advantage of technological innovations and use cyber space. On the other hand, the majority of our investigators are averse to technology. Without development of forensic facilities, improvement in the quality of investigations will remain a far-fetched dream. A lack of local forensic facilities further delays investigation processes. The Punjab Forensic Science Agency (PFSA) proved to be a success story that offers forensic services in 13 different disciplines. However, without building capacity of the investigators, it is difficult to utilise such facility to the optimum level. Also, the model of the PFSA needs to be replicated by other provinces.

The role of complainants is also of crucial importance. In rural areas, there is a tendency of complainants charging a large a number of persons as accused. There is also a tendency towards fabricating of stories further complicating the tasks of investigators. In cases of crimes against property, owing to pressures from the complainants, unskilled investigators may either force the accused to confess when he is not guilty or affect fake recoveries. The police management needs to invest in the capacity-building of investigators and periodically assess their performance. They should know how to deal with any unfair pressure that complainants may bear upon them.

Chapter 25 of Police Rules 1934 deals with investigation processes. It requires investigators to find out the truth of the matter under investigation, which basically implies that the investigator is not supposed to blindly follow the contents of an FIR. His objective should be to discover the actual facts of the case and to arrest the real offenders. At the same time, he should not commit himself prematurely to any view for or against any person.

To improve coordination among different pillars of the criminal justice system at the district level, Article 109 of PO 2002 provides for the establishment of the Criminal Justice Coordination Committee (CJCC). The seven-member CJCC is to be headed by a district and sessions judge whereas the head of the district investigation has to act as secretary. Such committees are yet to play an assertive reformative role. By optimum utilisation of the forum of the CJCC, the quality of investigations can be enhanced. This can help improve the conviction rate.

Published in The Express Tribune, February 19^th,  2016.

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