SHC seeks cost estimate for arranging video conferencing facility for rape cases’ hearings

The Sindh High Court (SHC) on Friday directed the high court’s information technology department director to submit an estimate of the cost required to equip trial courts with video conferencing facilities and other infrastructure to protect the rape victims and vulnerable

witnesses in the province.

The direction came on a petition seeking reforms in the investigation process in the rape and sexual assault cases. A division bench of the SHC headed by Justice Mohammad Ali Mazhar inquired the member inspection team (MIT) about compliance with the court directives during the hearings of rape cases in trial courts.

The bench asked whether the trials of rape cases were being held in camera after regular court hours, and screens and other arrangements made to protect the vulnerable victims. The MIT submitted a report after receiving replies from sessions courts and anti-terrorism courts, mentioning that the guidelines for the rape and sexual assault cases were being followed but there was requirement of funds for the purpose of video conferencing in some of the sessions courts and anti-terrorism courts.

He submitted that the law secretary had been informed with regard to the requirement of additional funds for arranging video conferencing facilities. The SHC was also informed that gender-based violence cases were transferred to the additional district and sessions courts in pursuance of the judicial policy committee.

He submitted that a request had been made to the Sindh government for arrangements of funds but the government’s reply was awaited. The high court directed its IT director to submit an estimate of the cost required to equip trial courts with video conferencing facilities and other infrastructure to protect the rape victims and vulnerable witnesses.

The bench was earlier informed that a comprehensive proposed revised standard operation procedure of police had been issued by the provincial police chief to deal with the rape and other sexual assault cases. The procedure included the timeframe for forwarding samples for DNA tests and receiving them without any delay.

The applicant’s counsel had earlier submitted that the SHC had on January 31, 2019, directed the Sindh inspector general of police and the prosecutor general to ensure proper arrangements for conducting DNA tests as well as for in-camera trials in rape cases.

Filing a contempt-of-court plea, the applicant told the SHC that alleged contemnors were deliberately violating the court directives despite a lapse of 11 months and the preservation and testing of DNA evidence was sporadic, not standardised and delayed, while the facilities available for DNA testing continued to be severely limited and dysfunctional.

Petitioners Kainat Soomro and others had maintained that the Supreme Court of Pakistan had directed the provincial government and other authorities to reform the investigation process of rape cases but those directions were not being followed. They stated that rape survivors were unable to get justice due to the faulty process of investigation.

The petitioners, who also cited the provincial police chief and health secretary as respondents, asked the high court to direct them to take immediate steps to improve the investigation system. They also asked the SHC to direct the authorities to establish a rape crisis cell in each district of the province to help the rape survivors acquire immediate medical, financial and legal assistance.