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"Standard Operating Procedure (SOP) for Investigation of Rape Cases"
Case Citation: 2020 SCMR 761
Key Issue: Investigation of a rape case conducted by a male police officer in violation of the Standard Operating Procedure (SOP).
Background:
The Supreme Court of Pakistan was dealing with a case concerning the violation of the SOP for investigating rape cases. According to the SOP dated 20th August 2013, specifically clauses 2(iii) and 3, it is mandated that the investigation of rape cases should be conducted solely by a female investigative officer.
Violation Details:
In this particular case, the investigation was carried out by a male police officer, which was a clear breach of the established SOP. This procedural violation prompted the Supreme Court to issue a show cause notice.
Show Cause Notice:
Initially, a show cause notice was issued to both the investigation officer and the Station House Officer (SHO) for violating the SOP. However, the court acknowledged that the investigation officer, being subordinate, could not have disregarded the orders of the superior officer, i.e., the SHO.
Court's Directive:
1. Withdrawal of Show Cause Notice: The Superintendent of Police assured the court that the show cause notice issued to the investigation officer would be withdrawn, recognizing that the officer was acting under the orders of the SHO.
2. Reissuance to SHO: The court indicated that a show cause notice should appropriately be issued to the SHO who assigned the investigation to the male officer, contrary to the SOP.
3. Enforcement of SOP: The Supreme Court directed the Inspector General of Police (Investigations) to ensure strict adherence to the SOP. It was also instructed that fresh copies of the SOP, along with its Urdu translation, be distributed to all police stations across the province. This measure was aimed at ensuring that all concerned personnel were fully aware of and complied with the SOP.
Significance:
The ruling emphasized the importance of following established protocols, especially in sensitive cases like rape investigations, to ensure proper handling and to respect the rights and dignity of the victims. The Supreme Court's intervention underscored the need for accountability within the police force and reinforced the mandate that rape investigations should be conducted by female officers to ensure sensitivity and propriety.
Judges Involved:
- Qazi Faez Isa, J.
- Sardar Tariq Masood, J.
Legal Reference:
- Pakistan Penal Code (PPC), Section 376
This decision highlights the Supreme Court's role in maintaining procedural integrity within law enforcement practices and ensuring that established guidelines are followed to protect the rights of victims and uphold justice.