Says tendency to depend on outdated investigative strategies places a query mark on justice system
ISLAMABAD:
The Supreme Courtroom has dominated that for the needs of the prison justice system, investigating companies have to maneuver in direction of scientific proof to ascertain a criminal offense and correct care and warning should be taken to protect and defend the crime scene.
“The tendency to depend on outdated investigative strategies locations a giant query mark on the effectiveness of the prison justice system,” mentioned a nine-page order authored by Justice Ayesha Malik
Justice Ayesha was a part of a three-member bench presided over by Justice Muhammad Ali Mazhar which rejected a petition in opposition to acquittal of an accused in a homicide case.
The court docket famous that it acknowledged the truth that every case must be investigated primarily based on details.
“Nevertheless, instances resembling the moment case spotlight the inadequacy of the investigation company and the way the function of forensic science has been downplayed if not neglected.
“Crime scenes that aren’t managed nicely and don’t depend on science will result in poor-quality proof and faulty acquittal,” it added.
The judgement mentioned the cornerstone of the prison justice system is the efficient performance of an investigating company and prosecution.
“The precept of honest trial and due course of below Article 10A of the Structure particularly mandates this. The dispensation of justice and honest adjudication require that the accused be equitably handled, investigated, and prosecuted in accordance with the legislation.”
The judgement famous that it’s the responsibility of the prosecution to ascertain the guilt in opposition to the accused past an inexpensive doubt.
“The Home of Lords in Woolmington has held that the accused just isn’t sure to fulfill the court docket of their innocence. Whereas making use of Woolmington, the Federal Courtroom in Safdar Ali has held that the burden of proving the final difficulty of the accused’s guilt lies, from first to final, upon the prosecution.”
The judgement additional famous that within the Tariq Pervez case, this court docket has held that the accused is entitled to the advantage of the doubt “not as a matter of grace and concession however as a matter of proper”.
“Our concern herein is {that a} defective investigative course of will repeatedly dampen belief and confidence within the prison justice system. Time has come for the investigation company to acknowledge these inherent flaws and considerations in its methodology, and it must work in direction of specializing its investigative capabilities and separating the identical from different police duties.”
The court docket mentioned the police pressure should make a concerted effort to shift its investigation strategies to incorporate and depend on forensic science and accordingly, practice specialised officers on this subject.
“It’s important to emphasise the significance of forensic science within the prison justice system. Forensic offers with ‘the applying of scientific strategies to supply goal, circumstantial proof’.
“Forensic science is a science of curiosity to the authorized system,’ whose goal is to establish what occurred within the current previous. Forensic science means nothing greater than the science which is used within the courts of legislation for the needs of detection and prosecution of crime.
“This science performs a big function within the prison justice system by offering knowledge that can be utilized to evaluate the diploma of guilt of a suspect,” the decision added.
