SALAHUDDIN PANHW AR, J.---Pursuant to order dated 26.10.2018, Police Surgeon, WMLO , Investigation Officer and other police officers are present. WMLO contends that she has verified in her post mortem report about death in asphyxia and in her note in report she has described the reason however she admits that there is no training of WMLOs and at that time she was WMLO , thereafter she was not working as WMLO .
2. Police Surgeon present, contends that in whole Province at division level there are Police Surgeons, Additional Police Surgeons, MLOs and WMLOs . According to him he was appointed as MLO and he is from general cadre of medical officers thereafter he was promoted as Additional Police Surgeon and then Police Surgeon, however he admits that it is prerogative of the Department to promote or recruit Additional Police Surgeon from MLOs/WMLOs.
He further contends that in Karachi division since 2016 he is conducting training and there is specific place for that purpose.
3. Since in this case plea of the applicant is that this is case of hanging whereas case of prosecution is that this is a case of asphyxia. I/O as well other police officers including Prosecutor who supervised the investigation, are present, admit that they are not aware about difference between asphyxia and hanging, as well there is no guidelines in such conditions. Doctors and Police Surgeon contend that in their period they have not received any clarification from the investigation officers with regard to the facts of the case and seat of injuries to verify that in such circumstances, injury can be caused or not.
4. I am unable to appreciate the situation, so surfaced which, prima facie , shows lack of proper coordination between the investigation agency and authorized medical officer/Police surgeon. I would also add that the importance of 'expert opinion' though legally never points out the culprit but was / is meant to help the investigation officer in knowing certain circumstances i.e:
(i) timing of ante-mortem injuries ;
(ii) manner and possible position of person, caused such injury etc;
(iii) weapon or thing etc resulted in ante-mortem injury; These are always to be viewed/examined keeping in view the inquest report and claimed cause of death, if any, so that truth may come on surface which, otherwise , is the sole purpose of the 'investigation' . Thus, I will find myself quite safe in saying that such role of the 'police surgeon/authorized medical officer' shall always be of vital importance because law never requires the investigating officer to go on a dotted line, so drawn by the informant/complainant rather requires him to examine every possible aspect, so has been advised in the recent judgment of honourable apex Court in the case of Sughran Bibi (PLD 2018 SC 595 ) as:-
(v) During the investigation the investigating officer is obliged to investigate the matter from all possible angles while keeping in view all the versions of the incident brought to his notice and, as required by Rule 25.2(3) of the Police Rules 1934 "It is the duty of an investigating officer to He shall not commit himself prematurely to any view of the facts for or against any person."
Such object can never be achieved unless the invest igation wing is not trained to identify reasonable suspicion of possibility of commission of an offence while making an 'investigation' which even has separately been dealt with in Rule 25.33 of Police Rules which reads as:- "25.33. Investigating Officer - action of at scene of death.
On arrival at the place where the body of a deceased person is lying, the police officer making the investigation shall act as follows :-
(1) He shall prevent the destruction of evidence as to the cause of death.
(2) He shall prevent crowding round the body and the obliteration of foot- steps.
(3) He shall prevent unnecessary access to the body until the investigation is concluded.
(4) He shall cover up footprints with suitable vessels so long as may be necessary .
(5) He shall draw a correct plan of the scene of death including all features necessary to a right understanding of the case.
(6) If no surgeon or other officer arrives , he shall, together with the other perso ns conducting the investigation, carefully examine the body and note all abnormal appearance.
(7) He shall remove, mark with a seal, and seal up all clothing not adhering to, or required as a covering for, the body , all ornaments, anything which may have caused or been concerned in the death of the deceased and shall make an inventory thereof.
In the inventory shall be described the position in which each thing was found and any blood-stain, mark, rent, injury or other noticeable fact in connection with such thing. The number and dimension of such stains, marks, rents, injuries, etc., shall also be given in the inventory .
A counterpart of the mark and seal attach ed to such thing or to the parcel in which it has been enclosed shall be entered in, or attached to, the inventory .
Such inventory shall form part of the inquest report.
(8) He shall take the finger prints of the deceased person if the body is unidentified.
(9) The photographing of the body in situ and of the scene of the occurrence may prove of great evidential value."
I would add that a lack of coordination between these two even may result in destruction of a crime/of fence least off-tracking the investigation from true path. When confronted, the learned Additional Prosecutor General acknowledges that there is no connection between I/O, Medico-legal Officers and Prosecutor , however they have started different courses held every Saturday in P.G. Sindh's office. Since that is a good effort, this court appreciates that effort but issue needs more deliberation and concern least what the Police Rules themselves demand. This, hopefully , shall be included in such ongoing trainings.
5. The importance and vitality of 'police surgeon/authorized medical officer' cannot be denied which require a complete coordination with investigation wing. This, however , seems to be not possible as there is no proper mechanism for appointment of such specific posts . Accordingly , competent authority shall examine this aspect and provide a mechanism that fresh appointments/recruitments of MLO , Additional Police Surgeons and Police Surgeons will be made purely keeping in view the objective of post and purpose thereof and not from general cadre and there will be policy with the object that the persons, appointed must be skille d and are well aware, and must always be ready in encouraging and helping the investigation wing in finding all possible angles; there must be mechanism to supervise high profile cases, training of MLO(s), Police Surgeon shall also endorse post mortem reports.
To come up on 29.01.2019 at 11.30 a.m. for further arguments. Attendance of the Police Surgeon, WMLO as well police officers is dispensed with. Office shall communicate this order to the Chief Secretary , I.G.P . Secretary Home Department and Prosecutor General Sindh.