High court asked to direct Sindh govt to enforce SC directives in rape cases

The counsel of petitioners seeking implementation of the Supreme Court’s directives for making investigation process of rape and assault cases effective, urged the Sindh High Court on Friday to direct the provincial government to make DNA tests and preservation of DNA evidence mandatory in rape cases.

Petitioners Kainat Soomro and others maintained that the Supreme Court of Pakistan had directed the provincial government and other authorities to reform the investigation process of rape cases, but the directions of the apex court are not being complied with. They stated that rape survivors are unable to get justice due to a faulty process of investigation.

The petitioners, who also cited the provincial police chief and health secretary as respondents in their petition, asked the court to direct them to take immediate steps to improve the investigation system.

The petitioners also asked the court to direct the authorities to establish a Rape Crisis Cell in each district of the province to facilitate survivors in acquiring immediate medical, financial and legal assistance.

Filing comments on the government’s suggestions, petitioner’s counsel Faisal Siddiqui submitted that the court must hold in-camera trials of rape incidents that also after regular court hours, whereas investigation of all rape cases should be monitored by a senior police officer.

Siddiqui maintained that every police station should have a female police officer who must provide assistance to the rape survivor which should include, but not be limited to, prompt and accurate registration of the complaint.

 He further called for the police to be directed to not produce a rape survivor except for when the survivor’s identity is to be ascertained. The counsel also submitted that the investigation officer must conduct the investigation on a priority basis and complete it within 90 days.

He requested for crisis centres to be established as rehabilitation institutions and protected spaces for temporary accommodation of the survivors. The centres should have trained female doctors, nurses and counsellors to support and give the required care to a survivor for her recovery; besides medical bills of a rape survivor be borne by the state.

The counsel asserted that the Supreme Court’s guidelines for police investigation officers, medico-legal officers, trial courts should be implemented in letter and spirit. The court after taking the counsel’s comments on record provided a copy of the suggestions to the state’s counsel who sought time to seek further instructions. The hearing was adjourned till October 12.

The chief secretary had earlier informed the court that all the provincial government’s departments, including health, home, police and prosecution have been directed to implement the apex court’s guidelines.

 He also informed the court of having had a meeting with the authorities of the concerned departments in which issues related to rape cases were considered in detail and necessary directions were issued to the departments to address them [issues] in the light of the court’s guidelines.