Distinction between "defective investigation report" and "defective investigation" elaborated.

 Crl. Misc.-Post-arrest Bail
1979-B-24
RAHAT ABBAS ETC VS
STATE ETC Mr. Justice Ali Zia Bajwa 09-05-2024
2024 LHC 3574

Directions issued for timely submission of investigation reports to ensure strict compliance of Section 173 Cr.P.C.

I. The Investigating Officers, Prosecutors, District and Sessions Judges, Area Magistrates, Criminal Justice Coordination Committees and Jail Superintendents shall strictly adhere to the principles enunciated in the case of Hakeem Mumtaz supra, as mandated by Articles 189 and 190 of the Constitution and directions issued hereinabove, without further failure.  

II. The instructions issued by the Director General of the Directorate of District Judiciary of this Court, pursuant to the honorable authority’s sanction, as per letter No. 11125/DDJ/MNT dated 26.07.2021, must be strictly observed to ensure the timely submission of investigation reports. These instructions encompass comprehensive guidelines for District & Sessions Judges, Judicial Magistrates, and Trial Courts to uphold justice and address delays in submitting investigation reports. The Director General of District Judiciary shall recirculate these instructions at the earliest for their compliance. 

III. The Secretary Public Prosecution Department, Government of Punjab and the Prosecutor General Punjab shall promptly address the issue. They shall also submit a report via the Deputy Registrar (Judicial) of this Court for review in Chambers. The Secretary Public Prosecution Department, Government of Punjab, shall also address the inefficacy and poor performance of the Punjab Criminal Prosecution Service Inspectorate, ensuring that The Inspectorate Act is implemented in its full letter and spirit for effective internal accountability of delinquents. 

IV. Should the investigating officer fail to submit an investigation report within the stipulated timeframe, the concerned prosecutor shall notify the relevant Superintendent of Police (Investigation) to initiate legal proceedings against the delinquent. The matter shall also be reported to the Area Magistrate, who is overall incharge of the investigation, for further action against the negligent investigating officer. 

V. The Provincial Police Officer (PPO), Punjab, shall ensure the timely submission of the investigation reports in strict compliance of Section 173 of the Code. Each Divisional Superintendent of Police (Investigation) shall supervise the timely submission of investigation reports and all negligent investigating officers shall be subjected to strict legal proceedings. In case of supervisory lapses, the concerned Superintendent of Police (Investigation) shall be held accountable. 

VI. Criminal Justice Coordination Committees throughout the province shall prioritize the issue of timely submission of investigation reports in every meeting, ensuring that necessary actions are taken without delay. The CJCC carries a significant statutory duty to monitor the overall working of criminal justice system and any slackness on part of any of the stakeholders should not go unnoticed.  

VII. Every Superintendent of Prison, as a member of the CJCC, shall present a report regarding the prisoners incarcerated without submission of the investigation reports to the trial courts, ensuring that no one is detained without a timely charge sheet submission. The Inspector General (Prisons), Punjab, shall address this issue and ensure that every Superintendent of Prison within the province performs his duties in strict accordance with The Prisons Act, 1894, and Pakistan Prisons Rules, 1978. 

VIII. All Area Magistrates shall ensure strict compliance with Section 344 of the Code while granting or extending judicial remands of an accused person. They shall also ensure that investigation reports are submitted within the stipulated timeframe for every criminal case registered within their jurisdiction. In case of failure of the investigating officer to submit the investigation report within the stipulated time, the matter shall be reported to his supervisory officer for appropriate strict action. 

IX. Achieving timely submission of investigation reports requires an effective supervisory regime and accountability at all levels. This accountability must begin at the top and trickle down to ground-level officers, creating a culture of responsibility and diligence. Only with such an effective supervisory framework can the timely submission of investigation reports become a reality, turning a distant goal into a guaranteed outcome. Copies of this judgment shall be sent to all the concerned for strict compliance through the Registrar’s Office of this Court.  

Crl. Misc.1979-B-24

RAHAT ABBAS ETC VS

STATE ETC

Mr. Justice Ali Zia Bajwa

2024 LHC 3574

The judgment was pronounced & written on 09.05.2024 and after completion it was signed on 29.07.2024.