عدالت نے حکم جاری کیا ہے منشیات کے مقدمات میں تمام تر کاروائی (بابت گرفتاری، برامدگی وغیرہ) کی ویڈیو بنائی جائے اور اگر کسی وجہ سے ویڈیو بنانا ممکن نہ ہو تو اسکی تفصیلی وجوہات ضمنی میں بیان کی جائیں۔
اور حکومت کو بھی ہدایت کی ہے کہ چھ ماہ کے اندر اندر پولیس اور ANF کو body-worn and dashboard کیمرے مہیا کیے جائیں
Videography is a powerful tool in the fight against false implication in narcotics cases, providing objective documentation of police encounters, supporting criminal investigations, and fostering transparency and accountability within law enforcement agencies. By capturing audio and video footage of interactions between officers and individuals suspected of drug-related offences, video recordings offer a reliable record of events that can help prevent wrongful arrests, unjust prosecutions, and violations of individuals’ rights.
Furthermore, the data collected from video recordings can be harnessed to identify patterns and trends within law enforcement agencies, enabling policymakers to discern areas for improvement in officer training, policies, and procedures. By analyzing the footage, authorities can identify systemic issues, such as biased policing practices or procedural shortcomings, and implement targeted interventions to address them effectively. It is, however, essential to acknowledge the challenges and limitations associated with the use of videography. Privacy concerns may arise, particularly regarding recording bystanders or individuals not involved in the incident. Additionally, there may be technical and logistical challenges related to the storage, access, and use of video footage, which must be addressed through clear policies and procedures.
The Director General ANF has already approved SOPs for recording footage during raids/operations, seizure at airports, seaports, dry ports, international mail offices, courier/parcel offices, permanent checkposts and random Nakas. These were circulated by the Government of Pakistan, Ministry of Narcotics Control, HQ Anti-Narcotics Force, Rawalpindi, vide Letter No. 35(1)ANF/Enf-A/2020-4128 dated 01.06.2020.
It is time that the Punjab Police should also be equipped with advance technological tools to foster public trust, facilitate investigations, and support court proceedings. Therefore, the Government is directed to provide body-worn and dashboard cameras to the Punjab Police on a priority basis, preferably within six months. Simultaneously, it shall frame SOPs to preserve and use footage recorded by them.
Given the significant technological advancements, most police officers carry smartphones, which they can use to videograph their raids/operations. It is, therefore, directed as follows:
(i) Henceforth, leaders of every police team shall ensure that all operations are videographed without exception. Specifically, in cases involving recovery of narcotics, they shall record a video of the entire operation unless circumstances beyond their control prevent them from doing so.
(ii) Reasons for failing to record the recovery proceedings on video must be specifically documented in the case diary.
Sectons 27 and 33(4) of the CNSA also aim to ensure the fairness and integrity of legal proceedings, safeguarding against false accusations and wrongful convictions. Section 27(1) stipulates that every person arrested and articles seized under a warrant issued under section 20 shall be promptly forwarded to the authority by whom the warrant was issued. Furthermore, every person arrested and article seized under section 20 or section 21 shall be promptly forwarded to (a) the officer-in-charge of the nearest police station and (b) the Special Court having jurisdiction. Section 27(2) states that the authority or officer to whom any person or article is forwarded as aforesaid shall, with all convenient dispatch, take such measures as may be necessary under the law for the disposal of such person or article. Section 33(4) provides that a narcotic drug, psychotropic substance, or controlled substance seized under the CNSA shall be disposed of under section 516 Cr.P.C.
Shared by: Syed Naeem Ali Adv
A combined reading of sections 27 and 33(4) of the CNSA reveals that the legislative scheme dictates that recovered narcotics should be produced before the Special Court at the time of remand. It has been observed that these provisions are often overlooked or disregarded in practice. All the Special Courts are directed to ensure strict compliance with them.
The Registrar of this Court is directed to send copies of this order to the Special Courts in the province, the Chief Secretary, Punjab, and the Inspector General of Police, Punjab, for compliance.
Crl. Misc.-Post-arrest Bail-Under Section 497 CR.P.C
5175-B-23
KOUSAR BIBI VS THE STATE ETC.
Mr. Justice Tariq Saleem Sheikh
28-02-2024
2024 LHC 1103
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