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Timely Submission of Investigation Reports is Mandatory Requirement of Section 173 Cr.P.C; Delay in Submission amounts to Violation of Fundamental Right of Fair Trial --- Lahore High Court

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Timely Submission of Investigation Reports is Mandatory Requirement of Section 173 Cr.P.C; Delay in Submission amounts to Violation of Fundamental Right of Fair Trial --- Lahore High Court

Islamabad 08-08-2024: The Lahore High Court, Multan Bench, addressed the critical issue of delays in the submission of investigation reports, which significantly impact the efficiency and integrity of the criminal justice system in Pakistan.

The petitioners sought post-arrest bail under Section 497 Cr.P.C. for offenses under Sections 324, 353, 186, 337-H(2), 148 & 149 of the Pakistan Penal Code (PPC) and Section 7 of the Anti-Terrorism Act, 1997. The Court allowed the withdrawal of the bail petition after extensive arguments, urging the trial Court to expedite the proceedings.

The Court highlighted the mandatory requirement under Section 173 Cr.P.C. for the timely submission of investigation reports. The judgment noted that delays in submitting these reports undermine the fairness and sanctity of the investigation process, often leading to false implications and unreliable witness testimonies. The Court emphasized that such delays violate Articles 4, 9, 10, and 10-A of the Constitution of Pakistan, which guarantee due process, personal security, liberty, and a fair trial.

The judgment outlined the responsibilities of prosecutors under Section 9 of the Punjab Criminal Prosecution Service Act, 2006, to scrutinize and forward investigation reports without unnecessary delays. Prosecutors can return defective reports for correction but must not withhold them or direct reinvestigations.

Magistrates also play a crucial role in ensuring the timely submission of investigation reports. The Court reiterated the duty of Magistrates to adhere to Section 344 Cr.P.C., which requires reasonable cause for extending judicial remands. Magistrates must actively oversee the investigations within their jurisdiction to prevent arbitrary and unjust detention.

The Court stressed that the timely submission of investigation reports is a shared responsibility involving investigating officers, prosecutors, magistrates, the Criminal Justice Coordination Committee (CJCC), and prison authorities. Under Article 109 of the Police Order, 2002, CJCCs are mandated to address delays and improve coordination within the criminal justice system.

In addition, Rule 395 of the Pakistan Prison Rules, 1978, requires District and Sessions Judges to conduct monthly visits to under-trial prisoners to identify and resolve cases of undue delay. To address the systemic issue of delayed investigation reports, the Court issued several directions including Investigating officers and prosecutors must strictly adhere to legal mandates for timely report submissions. Magistrates must ensure compliance with Section 344 Cr.P.C. and document reasons for any extensions of judicial remands. CJCC meetings should prioritize the timely submission of investigation reports, and all negligent officers must face strict legal proceedings.

The Secretary Public Prosecution Department and the Prosecutor General Punjab must address inefficiencies and submit reports for review. The Lahore High Court’s judgment serves as a critical reminder of the importance of timely investigation reports in the criminal justice system. By issuing comprehensive directions to various stakeholders, the Court aims to uphold the integrity and efficiency of judicial processes, ensuring swift and fair justice for all parties involved.