Allhumdolillah! I am at a much better place since my last post with series of lab tests, utlrasounds, a mammogram and some other really scary tests, and a gut wrenching anxiety of results. I am doing well thankfully everything was clear except low iron levels with vitamin d3 deficiency. These deficiencies are now on their way to recovery. It is worth noting that I have been struggling with intense brain and physical fatigue since 2019 but not a single doctor was able to identify my problem. Once somebody is diagnosed with depression or anxiety then every health issue they complain about is looked from the psychological lenses. Nobody asked me to check iron, vitamin b12 or vitamin d3 deficiencies even my mum who is a dermatologist always assured me that I am fine and this weakness is just a phase. It was a phase alright, it engulfed almost 8 years of my life pushed back my career and research ambitions. This is not the case alone with me but there are many people who silentl...
Finally Sindh govt is taking a positive step to reform our Police Rules, FIR (or the first information report) which is lodged by a victim or by their relative or even by a citizen was enough for police to make an arrest without collecting any concrete evidence or conducting full investigation.
Our law makers must have had good intentions when they
made this law; however, this FIR has been a nuisance and was used or more appropriately
abused by powerful and ill-intentioned people to falsely trap innocent people
and suspects in the vicious chakra of crime.
Recently in Shahzada Qaiser Arfat v. The State, Justice Syed Mansoor Ali of the Honourable Supreme Court of Pakistan observed that having power is one thing but using this power with proper justification is a totally different ball game (Article 4(1) (j) of the Police Order, 2002 and Police Rules, 1934 gave power to police under Section 54 of the CrPC to make an arrest without a warrant).
According to the above judgement no person should be
arrested straightaway only because he has been nominated as an accused in an
FIR until the investigating officer feels satisfied that sufficient
justification exists for his arrest, the judgement explained.
Around the world, a suspect cannot be arrested without
substantial evidence or else the district attorney (DA)/ public prosecutor[1] is
no position to build a credible case against the accused/ suspect.
The problem that usually arises in Pakistan’s criminal
cases is the creation of “reasonable doubt” for the court in the FIR or investigation
or police custody, and voila the suspect is released. Lack of concrete
evidence, transparency and sharpness in investigation weakens the victim’s case
and in many situations the evidence is destroyed when police actually begins to
look for it.
That is the reason why so many arrested and heinous
offenders got loose from the grips of law because when the matter went to the
court, judges were unable to match the crime with the criminal or the
investigation or witness statements and the innocent people became the
scapegoats.
Now, evidence will become a crucial factor for
building a transparent case and we can hope that police will thoroughly complete
their investigation and then lodge an FIR- so the justice system of Pakistan
could give relief to the genuine victim.
Peace & safety for all!
Sonya Syed (Post 590).
[1] District
attorney (DA)/ public prosecutor: Advocate who fight criminal cases in courts
on behalf of the victim and is a full-time employee of the provincial and/ or
federal government.
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