Download PDF file - Human Rights Commission of Pakistan

62Revisiting Police LawsNotes: Chapter 31. The Police Order (Amendment) Ordinance, 2004 was repromulgated several times till 2007 but was never passed by theParliament. It was last given a lease of life by the Police Order (Amendment) Ordinance, 2009 (XLIV of 2009). For furtherdetail, see the Introduction at footnote 28.2. Section 12 of the Punjab Criminal Prosecution Service Act, 2006 reads as follows: 12. Responsibilities of Policetowards Prosecutors.– (1) An officer incharge of a police station or the investigation officer shall–(a) immediately report to the District Public Prosecutor, the registration of each criminal case by sending a copy of thefirst information report;(b) send the police report under section 173 of the Code, to the concerned Prosecutor within the period prescribed bylaw; and(c) if an investigation is not completed or cannot be completed within the time provided under the law, record reasonsfor the delay and inform the Prosecutor.(2) An officer incharge of the police station or investigation officer shall, within the time specified by the Prosecutor,comply with the directions and remedy the defects pointed out by the Prosecutor in a police report under section 173of the Code including report for cancellation of the first information report or request for discharge of an accused orsuspect.3. The National Judicial Policy (2009) for the expeditious disposal of cases notes and recommended at page 17 as follows:“7. Non-completion of investigation and non-submission of Challans in statutory period is a major cause of delays indisposal of cases. Since, Police plays crucial role in administration of justice, therefore, the District Police Officers maybe asked to ensure that the police should conclude investigation and submit Challans within the prescribed period of14 days. They may be asked that the SHOs who fail to comply with this statutory provision should be treated asinefficient officer under the Police Order and the court may also lodge complaint under section 166 PPC against him.The DPOs should also submit list of cases in which Challans are still pending for want of investigation for inspectionand passing appropriate orders by the District and Sessions Judge.”4. Note that modifications and amendments may be made to the proposed rules under Fourth Schedule to the DPPAwherever required.