LAHORE: The Lahore High Court observed that the late submission of investigation reports epitomises the adage ‘justice delayed is justice denied’ and directed the divisional superintendents of police (Investigation) to supervise and ensure the timely submission of investigation reports.
The court also directed the concerned prosecutors to refer the matter of the delinquent investigating officers to the relevant superintendent of police for legal proceedings. In case of supervisory lapses, the concerned superintendent of police shall be held accountable, the court warned.
The court passed this order in a petition of Rahat Abbas and others seeking their release in a case registered against them under Anti-Terrorism Act. The court dismissed the petition as withdrawn and asked the concerned court to expedite the trial proceedings. The court observed that delayed submission of investigation reports flagrantly breaches Article 10-A of the Constitution, undermines the right of fair trial and such delay also weakens the public trust in the judicial system, the court added.
The court asked the investigating officers, prosecutors, district and sessions judges, area magistrates, criminal justice coordination committees, and jail superintendents to adhere strictly to the principles enunciated in the Hakeem Mumtaz supra case. The court also directed the Director General of the Directorate of District Judiciary to re-circulate the instructions for strict compliance already issued by him through a letter on July 26, 2021.
The court observed that the rationale behind routing the investigation report through a prosecutor is to engage him at a very early stage, allowing him to assess the investigation report and also render his expert opinion. The court directed the Secretary Public Prosecution Department and the Prosecutor General Punjab to address the issue promptly and submit a report for review of the court. The court also directed the Secretary Public Prosecution Department to address the inefficacy and poor performance of the Punjab Criminal Prosecution Service Inspectorate for effective internal accountability of delinquents.
The court observed that the Criminal Justice Coordination Committee (CJCC) carries a significant statutory duty to monitor the overall working of the criminal justice system and directed to prioritize the issue of timely submission of investigation reports in its every meeting.
The court also ordered that every superintendent of prison shall present a report to the trial courts regarding the prisoners incarcerated without submission of the investigation reports.
The court also asked the Inspector General (Prisons) Punjab, to ensure that every superintendent of prison performs his duties in strict accordance with the Prisons Act, 1894, and Pakistan Prisons Rules, 1978.
The court observed that it was high time that magistrates recognized their duty and directed all area magistrates to refer the matter of a delinquent investigating officer to his supervisory officer for appropriate action.
Achieving timely submission of investigation reports requires an effective supervisory regime and accountability at all levels, the court concluded and directed the registrar to refer the court order to all the concerned for strict compliance.
Copyright Business Recorder, 2024
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