Release funds for upgrading rape investigations, says SHC
Court lambasts authorities over lack of DNA testing facilities, investigation delays
PHOTO: REUTERS
KARACHI:
Expressing annoyance over the absence of proper DNA testing laboratories in Karachi and consequential delays in the investigation of rape cases, the Sindh High Court (SHC) directed the Sindh chief minister on Thursday to issue the required funds to put in place a mechanism for the effective investigation of such cases within three weeks.
The two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, during the hearing of a plea pertaining to faulty investigation of rape cases, also sought a progress report on the release of funds and reforms in the investigation of rape cases from Sindh inspector general of police (IGP) Kaleem Imam and the health department.
Later, the court also dismissed a plea seeking an exemption for Imam from attending the plea hearings and directed that immediate measures be taken for recording victims' statements via video link during hearings at sessions courts.
At the outset of the hearing, Imam and home department officials submitted reports to the court, according to which they had held multiple meetings and finalised recommendations to improve the investigation of rape cases. Imam's report also states that standard operating procedures for the investigation have been revised.
Indian rape victim dies in hospital after being set ablaze
The court was informed that the home department had sent a summary for the release of funds for investigation of the cases to the CM. At this, the court asked whether the decision made on the summary was confirmed. Imam replied that the cabinet was yet to approve the recommendations outlined in the summary.
The court expressed dismay on the delay, as Justice Mazhar pointed out that DNA reports for cases registered in 2016 had still not been issued. "Can you gauge the impact of delaying DNA tests of cases registered back in 2016?" he asked.
As police officials said that DNA testing was carried out at labs in the University of Karachi (KU) and Liaquat University of Medical and Health Sciences, the court also asked why no lab for carrying out DNA tests had been constructed in Karachi by the provincial government.
It appeared that the Sindh government had no intention of setting up such a lab in the province, commented Justice Mazhar. "To this day, the provincial government didn't consider establishing a lab in the province. Seminars were held and speeches were made in this regard but not a single lab has been constructed [in the province]."
At this, health officials said that a lab would be constructed in Sindh within three years, while police officials said that Rs220 million of the given funds were spent on the KU lab.
"Then release additional funds of Rs220 million and set up a lab," the court responded.
Imam also informed the court that reports for 235 cases were still pending, assuring the bench that they would be received within 15 days.
The court further inquired why a proper system for investigating rape cases was not brought in place. In response, the IGP cited financial constraints as a reason for the delay. At this, the court directed the CM to release funds for the purpose within three weeks.
Later, the petitioner's counsel complained that courtrooms in Karachi lacked facilities, at which the court directed that steps be taken to record victims' statement via video link during hearings at the sessions court. It also sought progress report on the release of funds and reforms in the investigation of rape cases from Sindh IGP and health department.
Razing illegal structures
Meanwhile, a bench comprising Justice Syed Hasan Azhar Rizvi and Justice Zulfiqar Ahmad Khan sought a detailed report on the demolition of illegally constructed floors of a building in Gulshan-e-Iqbal.
The court expressed annoyance at the Sindh Building Control Authority (SBCA) officials for failing to demolish the illegal structures and inquired about the reason for the delay.
According to the petitioner's counsel, SHC had ordered the demolition of illegal structures in 2017 but SBCA has not yet razed them.
Justice Rizvi asked the SBCA counsel to identify the structures to be razed, as given in court orders. However, the counsel replied that the list of the structures was saved on his computer.
'When a victim is not believed, rape culture flourishes'
The court adjourned the hearing, summoning SBCA officials at the next hearing on March 24.
China-cutting case
Meanwhile, the same bench issued notices to the SBCA and the senior director of the master plan department, seeking their replies in a plea challenging the construction of a wall on a main road in Defence View and china cutting in the area.
The counsel for the petitioner informed the court that encroachments were erected on an amenity plot in a housing society in Defence View and a wall was illegally constructed near the Iqra University. The plea moved the court to order to halt the construction of illegal structures in the area and order the demolition of those that had already been constructed.
Concluding the hearing, the court issued notices to the SBCA and master plan department senior director, seeking their replies on the plea.
Published in The Express Tribune, February 28th, 2020.
Expressing annoyance over the absence of proper DNA testing laboratories in Karachi and consequential delays in the investigation of rape cases, the Sindh High Court (SHC) directed the Sindh chief minister on Thursday to issue the required funds to put in place a mechanism for the effective investigation of such cases within three weeks.
The two-member bench, comprising Justice Muhammad Ali Mazhar and Justice Yousuf Ali Sayeed, during the hearing of a plea pertaining to faulty investigation of rape cases, also sought a progress report on the release of funds and reforms in the investigation of rape cases from Sindh inspector general of police (IGP) Kaleem Imam and the health department.
Later, the court also dismissed a plea seeking an exemption for Imam from attending the plea hearings and directed that immediate measures be taken for recording victims' statements via video link during hearings at sessions courts.
At the outset of the hearing, Imam and home department officials submitted reports to the court, according to which they had held multiple meetings and finalised recommendations to improve the investigation of rape cases. Imam's report also states that standard operating procedures for the investigation have been revised.
Indian rape victim dies in hospital after being set ablaze
The court was informed that the home department had sent a summary for the release of funds for investigation of the cases to the CM. At this, the court asked whether the decision made on the summary was confirmed. Imam replied that the cabinet was yet to approve the recommendations outlined in the summary.
The court expressed dismay on the delay, as Justice Mazhar pointed out that DNA reports for cases registered in 2016 had still not been issued. "Can you gauge the impact of delaying DNA tests of cases registered back in 2016?" he asked.
As police officials said that DNA testing was carried out at labs in the University of Karachi (KU) and Liaquat University of Medical and Health Sciences, the court also asked why no lab for carrying out DNA tests had been constructed in Karachi by the provincial government.
It appeared that the Sindh government had no intention of setting up such a lab in the province, commented Justice Mazhar. "To this day, the provincial government didn't consider establishing a lab in the province. Seminars were held and speeches were made in this regard but not a single lab has been constructed [in the province]."
At this, health officials said that a lab would be constructed in Sindh within three years, while police officials said that Rs220 million of the given funds were spent on the KU lab.
"Then release additional funds of Rs220 million and set up a lab," the court responded.
Imam also informed the court that reports for 235 cases were still pending, assuring the bench that they would be received within 15 days.
The court further inquired why a proper system for investigating rape cases was not brought in place. In response, the IGP cited financial constraints as a reason for the delay. At this, the court directed the CM to release funds for the purpose within three weeks.
Later, the petitioner's counsel complained that courtrooms in Karachi lacked facilities, at which the court directed that steps be taken to record victims' statement via video link during hearings at the sessions court. It also sought progress report on the release of funds and reforms in the investigation of rape cases from Sindh IGP and health department.
Razing illegal structures
Meanwhile, a bench comprising Justice Syed Hasan Azhar Rizvi and Justice Zulfiqar Ahmad Khan sought a detailed report on the demolition of illegally constructed floors of a building in Gulshan-e-Iqbal.
The court expressed annoyance at the Sindh Building Control Authority (SBCA) officials for failing to demolish the illegal structures and inquired about the reason for the delay.
According to the petitioner's counsel, SHC had ordered the demolition of illegal structures in 2017 but SBCA has not yet razed them.
Justice Rizvi asked the SBCA counsel to identify the structures to be razed, as given in court orders. However, the counsel replied that the list of the structures was saved on his computer.
'When a victim is not believed, rape culture flourishes'
The court adjourned the hearing, summoning SBCA officials at the next hearing on March 24.
China-cutting case
Meanwhile, the same bench issued notices to the SBCA and the senior director of the master plan department, seeking their replies in a plea challenging the construction of a wall on a main road in Defence View and china cutting in the area.
The counsel for the petitioner informed the court that encroachments were erected on an amenity plot in a housing society in Defence View and a wall was illegally constructed near the Iqra University. The plea moved the court to order to halt the construction of illegal structures in the area and order the demolition of those that had already been constructed.
Concluding the hearing, the court issued notices to the SBCA and master plan department senior director, seeking their replies on the plea.
Published in The Express Tribune, February 28th, 2020.