LAHORE: Punjab police investigators are operating with a technique not known to the rest of the world they are subletting their case writing work to their retired colleagues against pays from the not-so-secret sources.

The contribution from the `private sector specialists` called `likharis` in police jargon has no legal basis and is ultimately rejected if traced by courts, allowing acquittal of those who could have been easily punished in the absence of the rare penmanship.

The practice is known to official prosecutors and even to the higher police authorities. They say the work of the hired writers or likharis speak for itself in courts, and is easily picked by defence lawyers, to a guaranteed relief of their clients.

Senior police officials such as Punjab Additional IG in-charge of Investigation Muhammad Amlish admit this is illegal, and the investigation staff lacks the basics to properly investigate and have the criminals punished by the courts. But they also cite issues which they say are a hindrance in the way of investigation.There are numerous instances of courts pointing out faulty investigations.

The rate of acquittals is quite high and the prosecution department says errant investigators are seldom punished despite countless official complaints.

There were 1,400 complaints for late submission of challaned cases in ordinary courts and 84 for faulty investigations in January this year. There were 33 complaints of late provision of FIRs to prosecutors.

An official of the prosecution department says inability and inefficiency are the reasons for all faulty investigations.

But some corrupt investigators may be helping the accused.

Writing case diary, progress in the investigation, is the legal and basic responsibility of every investigator under Section 172 of the CrPC. But they either brief the writers on the progress or the writers are allowed to prepare cases on their own. Such writings, especially if they are based on briefings the writers have received from police officers, lack the first person`s impressions of a crime scene, declarations of the accused or of witnesses.

Prosecutors say such writings are notdifficult to detect. The handwriting is different from that of the investigator.

Also the files of different investigators may have the same handwriting.

How the investigators perform is exposed every day. Recovery of robbed or stolen property is shown on the pointing of the relatives of the accused or surrendered by them. The admissible method under the law is to recover it at the instance of the accused but the otherwise is being done despite objections by the courts. The Lahore High Court too had taken a notice of it in a 2012 judgment, asking police to refrain from doing this.

Last year, the recovery was shown to be made on the pointing of the father of an accused of a crime in Kasur. But he told the court that his father had died 15 years ago.

Case property material or articles are not collected from the crime scene.

There is no scientific investigation method like obtaining finger prints.

Somebody is accused and is tortured whereas torture is not allowed under the law. To avoid court action, arrests are not made till the accused confesses his crime through torture, and his wounds are healed. This is done at hidden placesto avoid raids by court bailiffs deputed in habeas corpus petitions.

The main evidence is witness account but there is no witness protection. Real witnesses are either bought, intimidated or are murdered. Fake witnesses are exposed in cross-examining by the all knowing defence counsel.

The cause of death is not obtained.

Real culprits are not traced, eye-witness account is delayed, investigation is not completed within the stipulated time, independent witnesses are not recorded and samples are sent for laboratory tests with much delay.

The mentioned accused are not arrested, and no proceedings against them are initiated. No effort is made to locate the property of the absconders.

Facts are not verified from the locality in which a crime has been committed.

Interrogation of one accused is relied upon in a case that involves coaccused.

Joint recovery is planted on a single accused which is considered a bad practice in the eye of law. Swabs of an accused in a rape case are not collected well in time and the recovery of the weapons of offence is delayed to thebenefit of the accused. Real culprits are declared innocent, and the innocent as the accused without any scientific method.

The list is long as huge is the number of the laws involved in arresting, investigating and punishing the criminals.

The reasons are simple. But the most important which AIG Amlish too cites is that junior police officers of the rank of ASIs to inspectors, found not fit for law and order duty were dumped into the prosecution service when it was introduced under the Police Order 2002. And this continues to date despite the fact that investigation is the backbone of the system of having the criminals punished from the courts of law.

The staff was untrained and was not given any training. The situation remains the same as there is no specific investigation training, trainer or institution.

Officers generally do not wish to join the investigation wing because of the painstaking job. Those who do join do not put in their heart and soul into their work. Punishment is rare. The supervisory PSP officers do not have time or skillto detect the faults. For them, heading investigation staff is another assignment.

Investigators are supposed to get paid for every case they investigate.

But seeking this remuneration is considered a daring act which many avoid.In turn they dare collect the expenses from the accused or the victim. And those who have edge make the mare go.

A majority of the investigators does not seek the advice of the prosecutors for avoiding legal flaws, or engage the Forensic Science Laboratory for collecting undeniable scientific evidence.

Mr Amlish agrees with the faults and that there are instances of deliberate `inefficiency`. He also agrees that investigators work only in high-profile robbery or murder cases. Dealing with the rest of the cases depends upon their self-interest.

He says engaging of likharis is illegal, but explains that their origins lay in the huge burden of work on the investigators and their pre-occupation with civil matters, like cases of fake bank cheques and property disputes.

He says the legal system is adversarial towards the police officials instead of being inquisitorial. `FIRs are considered Gospel Truth and investigations are not trusted, Amlish tells Dawn. `But the system can be improved by giving proper training, motivation and facilities to investigators. The police department is moving towards this end.

He says a wireless room has been set up at the Forensic Science Laboratory where every crime is reported. `We are moving towards closer liaison. We have got trained 30 investigators from the laboratory on how to collect forensic evidence. And more batches are being sent there.

The AIG says a programme to produce master trainers is being run at the Police Training College in Rawat with the help of the UN Office on Drug Control for the last around two months. Two investigators from each district who are taking the courses will then train investigators in their districts.

He says the police department is in the process of recruiting 500 subinspectors through the Punjab Public Service Commission. The selection would be completed by the end of this month.

They would be prepared for different policing fields like investigation or intelligence as per their aptitude and physigue. `This will be the beginning towards overcoming the flaws which you have mentioned,` Amlish concludes.