(i) As soon as the information is received from any concern regarding the commission of a cognizable offence, an FIR under section 154 Cr.P.C is to be registered.
(ii) In case of refusal to register a case even upon coming to know about the commission of a cognizable offence, the non-registration of the same would amount to denial of duty and would attract disciplinary proceedings against the concerned police officer, not only confined to the Incharge of a Police Station but also his superior.
(iii) Investigation is to be carried out by the officer entrusted with the same diligently, effectively and honestly without having any preset notion and he/she should collect the entire evidence i.e. inculpatory and exculpatory, because the fair trial requires that the entire evidence collected by the investigating agency whether inculpatory or exculpatory is to be presented before the court so that while reaching to the conclusion regarding the guilt of the accused or otherwise, the adjudicating authority has benefit of the same
(iv) In cases of rape and sexual violence, recommendations (made by the) Judicial Inquiry Report as well as directions and observations made by the Sindh High Court in PLD 2020 Sindh 611 supra should be followed in letter and spirit.
(v) All Medico Legal Officers shall adhere to the Standard Operating Procedures and any violation thereof should be taken as a breach of their duties.
(vi) The Ministry of Human Rights as well as other departments of the Government should ensure implementation of the conventions on rights of the child through effective legislation, if the same has not yet been done.
(vii) The enforcement of Zainab Alert, Response and Recovery Act, 2020 should be followed in letter and spirit being law of the land.
(viii) The effective implementation of the Islamabad Capital territory Child Protection Act, 2018, and the Juvenile Justice System Act, 2018 should be ensured.
(ix) In relation to conducting post-mortem and MLRs, the SOPs issued by the Ministry of National Health Services, Regulations and Coordination should be followed in letter and spirit.
(x)The investigation of a case of a crime that is sexual in nature and/or pertains to a child should be assigned to a female police officer and/or a person duly sensitized on the issues and implications pertaining to such cases.
(xi) No child survivor should be held in police custody overnight, even if it may be on the pretext of a medical examination.
(xii) All efforts should be made to provide medical aid, testing for any sexually transmitted diseases and pregnancy, and a trained therapist to a child survivor before and after the medical exam, and reasons for failure to do so should be recorded in writing.
(xiii) For every child survivor, their statement under Section 164 of the Criminal Procedure Code, 1898, should be recorded within 10 days of the perpetration of the crime or within 10 days of the recovery of the child in a child friendly atmosphere or at the hospital, if need be.
(xiv) The presence of a parent or trusted person may only be refused if the Magistrate believes the child stands to be intimidated or uncomfortable due to such presence and the statement should be recorded in verbatim and be supplemented by an audio recording.
(xv) The child survivor should never be placed in the direct presence of the accused either during the police investigation or the trial in any circumstances. The Islamabad Capital Territory Police should setup community policing initiative in order to gain citizens assistance in prevention of crimes against children and maintenance of law and order.
Writ Petition No.3555/2019 Legal Aid Foundation for Victims of Rape and Sexual Assault and others Versus Federal Government, etc.
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