Disciplinary action: Court wants action against investigation officers
Over 57 cases are pending before the court as the IOs have not submitted the reports.
"The accused are suffering in confinement without any justification or cases against them," Civil judge and judicial magistrate in district West Ashfaq Muhammad Awan. CREATIVE COMMON
KARACHI:
A district and sessions court has directed the Senior Superintendent of Police (SSP) of district West to take action against several investigation officers for delaying the trial of 57 criminal cases for failing to submit charge sheets, The Express Tribune has learnt.
Ashfaq Muhammad Awan, a civil judge and judicial magistrate in district West, directed the Investigation SSP to take disciplinary action against the investigation officers as the deadline to submit the charge sheets had lapsed.
"The investigation officers have failed to submit the final report, under Section 173, as stipulated by of the Criminal Procedure Code and violated the statutory provision and directions contained in the National Judicial Policy," the judge observed. "As a result, the accused are suffering in confinement without any justification or cases against them."
The delay surfaced when the assistant district public prosecutor in district West, Syed Shamim Ahmed, submitted details of the cases before the court. The court has so far issued show-cause notices to 13 investigation officers after they failed to comply with the orders.
The cases pertain to murder, attempted murder, theft, police encounters, narcotics, illegal detention of women and others registered under the arms ordinance. Some of the cases date as far back as 2010, while most were registered in 2014. The officials failed to submit charge sheets against the suspects within time despite being ordered by the court on several occasions.
According to Section 173 of the Criminal Procedure Code (Cr.P.C), the investigation officers are bound to complete investigations within 14 days from the date of recording the first information report (FIR).
The law states that if the investigation is not completed within the given time, the officials should submit an interim report, stating the progress of the investigation made until then, on the basis of which, the court may start the trial. "The IOs have failed to produce the challans despite repeated directions by the honourable court," stated the prosecutor.
Ahmed said that the court has given a 'final chance' to the officers, after which, the cases would be disposed of. "You [investigation officers] will be held responsible for the proceedings in case of non-compliance of the court's orders," stated the prosecutor's report.
The letter was addressed to the prosecutor general of Sindh, the district and sessions judge of district West, Ivestigations SSP of zone West, Karachi West district public prosecutor and the deputy inspector general (DIG) of Sindh police (legal).
"In case of failure, the accused will be released under section 63 of the CrPC," warned the judge in the show-cause notices.
Earlier, law enforcement agencies had failed to prove a number of cases registered against suspects arrested during the ongoing targeted operation in the city. An assistant sessions judge in district West had issued show-cause notices to 47 investigation officer for failing to produce the case properties and the forensic science lab reports in the cases pending before the court.
Published in The Express Tribune, April 8th, 2014.
A district and sessions court has directed the Senior Superintendent of Police (SSP) of district West to take action against several investigation officers for delaying the trial of 57 criminal cases for failing to submit charge sheets, The Express Tribune has learnt.
Ashfaq Muhammad Awan, a civil judge and judicial magistrate in district West, directed the Investigation SSP to take disciplinary action against the investigation officers as the deadline to submit the charge sheets had lapsed.
"The investigation officers have failed to submit the final report, under Section 173, as stipulated by of the Criminal Procedure Code and violated the statutory provision and directions contained in the National Judicial Policy," the judge observed. "As a result, the accused are suffering in confinement without any justification or cases against them."
The delay surfaced when the assistant district public prosecutor in district West, Syed Shamim Ahmed, submitted details of the cases before the court. The court has so far issued show-cause notices to 13 investigation officers after they failed to comply with the orders.
The cases pertain to murder, attempted murder, theft, police encounters, narcotics, illegal detention of women and others registered under the arms ordinance. Some of the cases date as far back as 2010, while most were registered in 2014. The officials failed to submit charge sheets against the suspects within time despite being ordered by the court on several occasions.
According to Section 173 of the Criminal Procedure Code (Cr.P.C), the investigation officers are bound to complete investigations within 14 days from the date of recording the first information report (FIR).
The law states that if the investigation is not completed within the given time, the officials should submit an interim report, stating the progress of the investigation made until then, on the basis of which, the court may start the trial. "The IOs have failed to produce the challans despite repeated directions by the honourable court," stated the prosecutor.
Ahmed said that the court has given a 'final chance' to the officers, after which, the cases would be disposed of. "You [investigation officers] will be held responsible for the proceedings in case of non-compliance of the court's orders," stated the prosecutor's report.
The letter was addressed to the prosecutor general of Sindh, the district and sessions judge of district West, Ivestigations SSP of zone West, Karachi West district public prosecutor and the deputy inspector general (DIG) of Sindh police (legal).
"In case of failure, the accused will be released under section 63 of the CrPC," warned the judge in the show-cause notices.
Earlier, law enforcement agencies had failed to prove a number of cases registered against suspects arrested during the ongoing targeted operation in the city. An assistant sessions judge in district West had issued show-cause notices to 47 investigation officer for failing to produce the case properties and the forensic science lab reports in the cases pending before the court.
Published in The Express Tribune, April 8th, 2014.