SHC calls for action on rape probe methods
PHOTO: FILE
The Sindh High Court sought reports on Tuesday from the Sindh Healthcare Commission (SHCC) pertaining to the appointments of female medico-legal officers (MLOs) and other issues over a plea seeking the use of modern scientific methods to investigate rape cases.
Modern scientific methods and technologies are used to investigate rape cases world over but in Pakistan archaic laws and mechanisms are employed, argued the petitioner's counsel. There are no lady MLOs in many hospitals of Sindh, the counsel maintained.
The petitioner's counsel prayed the court to direct authorities to use modern scientific methods to investigate rape cases.
Sindh Assistant Advocate-General Shehryar Mehar stated before the court that a committee comprising experts has been set up and will prepare recommendations.
The court remarked that this matter should be resolved immediately after calling a meeting of the committee. The testing methods and other mechanisms should be compared with those used in other provinces and a standard policy should be practiced in rape cases, remarked the court.
The court sought reports from SHCC on the appointments of lady MLOs and other concerns on the matter.
Delayed investigations
In another case, the court directed the counsel for a petitioner, who has challenged delays in the investigation of rape cases, to submit his reply on the plea after reading standard operating procedures for rape probes.
The petitioner has maintained in the plea that work on DNA testing, for cases reported in 2018, has been initiated recently after judicial orders. DNA samples of rape victims have been in laboratories since 2018, according to the petitioner.
The Sindh government submitted an implementation report before the court, which asked whether the standard operating procedures in such cases were defined or not.
Sindh Assistant Advocate-General Mehar maintained before the court that the provincial government has defined the standard procedures for investigation of rape cases, including DNA testing and other relevant procedures.
The court directed the petitioner's counsel to read the government's devised SOPs on rape investigations and submit a reply. The counsel was also asked to examine what implementation has been done.
The court adjourned hearing of the plea till November 12.
Notice issued
Meanwhile, a two-member bench headed by Justice Muhammad Ali Mazhar issued notices to the Sindh Food Authority (SFA) over a plea challenging the declaration of betel nuts hazardous for health, confiscation of betel nuts from traders and registration of cases against them.
The petitioner's counsel argued that the police were harassing traders by registering false cases against them. The counsel contended that the police misused the law against gutka and mawa and registered a case after confiscating 95 bags of betel nuts.
Provincial counsel, Mehar, informed the court that the sale of betel nuts is not prohibited under the gutka ordinance. "But the mixture of betel nuts with other substances could be injurious to health," he added.
The investigation officer produced a bag of confiscated betel nuts before the court.
After inspecting the seized items, Justice Mazhar observed that the case was registered four months before the ordinance was passed. "Were the police not informed that there is no ban on betel nuts," asked Justice Mazhar.
At this, Mehar maintained that the police and investigation teams were being made aware of the gutka ordinance.
The court issued notices to the SFA and sought legal points from the petitioner's counsel over the betel nuts.
Published in The Express Tribune, October 27th, 2020.