Sindh High Court (SHC) on Wednesday sought the proper mechanism from the provincial government for appointment on posts of police surgeon/authorized medical officer so that fresh appointments can be purely made keeping in view the objectives of these posts.
The SHC bench headed by Justice Salahuddin Panhwar issued the directives in a case related to death of a person, in which there is a dispute over cause of death. The bench observed that the importance and vitality of police surgeon / authorized medical officer' can't be denied which require a complete coordination with investigation wing.
This, however, seems to be not possible as there is no proper mechanism for appointment of such specific posts. Accordingly, competent authority shall examine this aspect and provide a mechanism that fresh appointments/recruitments of MLO, Additional Police Surgeons and
Police Surgeons will be made purely keeping in view the objective of post
and purpose thereof and not from general cadre.
Besides, there will be policy with the object that the persons, appointed, must be skilled and are well aware, and must always be ready in encouraging and helping the investigation wing in finding all possible angles; there must be mechanism to supervise high profile cases, training of MLO(s), Police Surgeon shall also endorse post mortem reports.
Police Surgeon contented that in the whole province at division level there are Police Surgeons, Additional Police Surgeons, MLOs and WMLOs. According to him he was appointed as MLO and he is from general cadre of medical officers thereafter he was promoted as Additional Police Surgeon and then Police Surgeon, however he admits that it is prerogative of the department to promote or recruit Additional Police Surgeon from MLOs/ WMLOs.
He further contends that in Karachi division since 2016 he is conducting training and there is specific place for that purpose.
Additional Prosecutor General (PG) admitted that there is no connection between I/O, Medico-Legal Officers and Prosecutors, however they have started different courses held every PG. Sindh's office.
The court appreciated the effort but said that this issue needs more deliberation and concern least what the Police Rules themselves demand. This, hopefully, shall be included in such ongoing trainings, the court ordered.
The court said that the lack of coordination between investigation branch and police surgeon office may result in destruction of a crime / offence least off-tracking the investigation from true path.
The bench also quoted Supreme Court's verdict in Sughran Bibi case by giving observation on role of investigation, which suggests; "During the investigation, the investigating officer is obliged to investigate the matter from all possible angles while keeping in view all the versions of the incident brought to his notice.