It is time that all institutions act professionally and use all available lawful means to obtain evidence since a credible prosecution and adjudication process improves public perception, said a Supreme Court judgement handed down by Chief Justice of Pakistan (CJP) Qazi Faez Isa while heading a three-judge bench.
Poor investigation, not supported by evidence, adversely affected prosecution cases leaving courts to be burdened with bail applications because the commencement and conclusion of such trials were delayed, the CJP regretted.
The SC had taken up an appeal moved by Zahid Sarfraz Gill against the rejection of his bail plea by the Islamabad High Court on Sept 20. Mr Gill was falsely implicated in a case registered at Islamabad Secretariat Police Station on May 29, registered as a counterblast to his written complaint against some police officials on May 17.
Advocate Shoaib Shaheen, who represented the petitioner, said the record established that Mr Gill was not at the stated place of incident, but this aspect was not examined by the investigating officer when 1,833 grams of charas was allegedly recovered from the petitioner.
State counsel Rifaqat Ali, on the other hand, argued that the petitioner was caught red-handed by the police in a public place at 6pm in May and the case against him was fully established.
The apex court granted bail to the petitioner subject to furnishing of bail bond in the sum of Rs100,000 with one surety in the like amount to the satisfaction of the trial court and set aside the high court order.
The SC in its verdict said Section 25 of the Act excludes the applicability of Section 103 of the Code of Criminal Procedure 1898, which requires two or more respectable inhabitants of the locality to be associated when such search is made. “But we fail to understand why the police and ANF members do not record or [take] photograph when search, seizure or arrest was made,” the CJP regretted.
In narcotics cases, the prosecution witnesses usually are ANF personnel or policemen who surely would have a cell phone with an in-built camera. In respect of those arrested with narcotic substances, generally there are only a few witnesses and most, if not all, are government servants, the SC noted, adding that trials were unnecessarily delayed.
If police and ANF were to use their mobile phone cameras to record or take photographs of the search, seizure and arrest, it would be useful evidence to establish the presence of the accused at the crime scene, the possession by the accused of the narcotic substances, the search and its seizure, the judgement explained.
It could also prevent false allegations being levelled against ANF and police that the narcotic substance was foisted upon them for some ulterior motives, the court observed.
Published in Dawn, November 30th, 2023
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