Use modern methods for DNA tests, says SHC

Court issues notices over plea calling for expediting conviction in rape cases

The Sindh High Court directed the relevant authorities on Monday to ensure implementation of modern mechanisms when carrying out DNA testing in rape cases and increase reliance on scientific methods.

The court was hearing a plea seeking the immediate hearing of the petition pertaining to expediting conviction in rape cases.

What measures have been taken regarding investigation of rape cases and speedy penalisation, asked the court.

In response the police surgeon informed that several suggestions have been taken by the reforms committee for legislation on the matter and effective measures are being undertaken to investigate rape cases using modern techniques. The court issued notices to the forensics department, the reform committee chairperson and technical chief seeking their replies by January 26.

Earlier this month, in a landmark judgement, the Lahore High Court declared the two-finger test - commonly used to examine sexual assault survivors - as "illegal" and "discriminatory" and had upheld that it the old practice has no forensic value in such cases.

Minor's custody

Meanwhile, a single-bench comprising Justice Saleem Jessar refused to continue the hearing of a plea pertaining to the custody of a six-year-old boy after an altercation broke out between the two opposing counsels.

During the hearing, the petitioner's counsel maintained that his client, Azadi Sardari, who is an Iranian woman, was married to a Pakistani citizen, Noman Khan, seven years ago in the United Arab Emirates.

The couple shifted to Karachi in 2019 but Sardari does not wish to live in Pakistan, the counsel informed.

The petitioner's counsel prayed the court to give the child's custody to the mother.

However, Khan, contended that his son could not be sent out of the country and stated that he is willing to submit the child's passport before the court.

The court will allow the mother to meet the child if she wishes to, remarked the judge.

But the petitioner's counsel stated that his client wants custody to take the child to Iran.

Following this, a heated argument broke out between the two counsels and Justice Jessar refused to hear the case further.

Suspended water supply

Separately, a two-member bench, headed by Justice Muhammad Ali Mazhar, issued notices to the parties over a plea filed against the suspension of water supply in Jati tehsil of Sujawal district.

The petitioner’s counsel maintained that the water supply in Jati tehsil has been suspended for months, leaving onion crops planted on 60 acres of land and wheat crops planted on 30 acres of land vulnerable to destruction.

The water supply has been suspended on the instructions of influential persons in the area, argued the counsel.
The petitioner moved the court to direct the relevant authorities to ensure uninterrupted water supply for the vegetation.
The bench issued notices to the irrigation department, Sujawal DSO and other authorities, seeking their replies on the matter.

Published in The Express Tribune, January 12^th, 2021.