Police, criminal trial and miscarriage of justice.

Dispensation of justice in the criminal justice system and its administration in Pakistan is not at all easier as enshrined in laws and judicial precedents. People have to sacrifice their lives, properties, honor, and time to access justice because of delayed justice. A number of formidable defects and obstacles have become normal practice in criminal litigation which lead to delayed justice.

The coordination between police and judicial departments is the backbone in criminal justice and its administration to dispose of a case judiciously. However, lack of coordination between both departments, bribes by police investigation officers to create defects in police reports to favour specific people, and inordinate delay in submission of police reports to commence trial, have been the major challenges for many decades. Police and judicial departments, especially prosecution, are equally responsible in spoiling the lawful criminal litigation.

After lodging an FIR under section 154 of Code of Criminal Procedure, 1898, the concerned investigation officer is supposed to submit the findings of his investigation in court following section 173 of CrPC through the prosecution department within 14 days. The report is termed as 'challan' in normal criminal court proceedings, but 'Report of Police' following CrPC. To start trial proceedings, a police report is mandatory so that the court could have police findings in the shape of the initial investigation to decide pending cases as early as possible for justice. However, in practice, police take months and years to submit challan in court. Mostly, it has been noticed that police do not take much interest in transparent investigation of a registered case within a stipulated time. Unfortunately, courts fulfil their obligation of legal formality by summoning the police, simply.

The judgement with citation as PLD 2018 Lahore 151 sheds light on the same persistent challenge in these words, 'Investigation was to be completed without unnecessary delay and as soon as it was completed, officer in-charge of the police station was required to submit a challan through public prosecutor but not later than fourteen days from date of recording of FIR then Officer in-charge of police station would submit interim report within three days of expiry of period of fourteen days stating therein the result of investigation. Court on the basis of such an interim report would commence trial'.

For such late submitting of police...