SHC takes notice of lack of coordination between IOs and MLOs in criminal cases

The Sindh High Court on Tuesday took exception to lack of coordination between investigation officers, medico legal officers and the prosecution while dealing with the criminal offences.

Hearing an appeal of Umair Maqbool, a single bench headed by Justice Salahuddin Panhwar observed that prosecution and investigation officers had admitted that they are not aware about the difference between asphyxia and hanging, which is one of the important aspects of the case.

The female medical legal officer submitted that she had verified the death of a victim as asphyxia; however, she admitted that there was no training of women medical legal officers (MLOs). Police surgeon and doctors said that they had not received any clarification from the investigation officers (IOs) with regard to the facts of the case and the set of injuries to verify if in such circumstances injury could be caused or not.

The court observed that such statements prima facie shows lack of proper coordination between the investigation agency and authorised medical officer/police surgeons. It said that the importance of expert opinion though legally never points out the culprits but is meant to help the investigation officer in knowing certain circumstances with regard to the timing of ante-mortem injuries, possible position of the victim and the weapons used in the offence.

It further observed that prime object can never be achieved unless the investigation wing is trained to identify reasonable suspicion of the possibility of the commission of an offence while making an investigation.

The court said the importance and vitality of police surgeon/authorised medical officer cannot be denied, which requires a complete coordination with the investigation wing and lack of coordination between these two may even result in the destruction of evidence.

To a court query, the additional prosecutor general admitted that there was no connection between investigation officers, medico legal officers and the prosecutors; however, the prosecutor general department had started conducting different courses in this regard.

The court observed that it seems there is no proper mechanism for the appointment of such specific posts, and directed the competent authority to examine such aspects and provide a mechanism that a fresh appointments/recruitment of MLOs, additional police surgeons and police surgeons will be made purely keeping in view the objective of the post and purpose thereof and not from general cadre.