CHANGE OF INVESTIGATION

In Pakistan’s legal system, the process of criminal investigation is crucial for ensuring justice. However, there are instances when a change in the investigating agency or officer may be necessary to ensure a fair and impartial investigation. At ApkaWakeel, we provide expert legal assistance to guide you through the process of seeking a change of investigation. This article explains the reasons for requesting a change of investigation, the procedure involved, and the relevant laws in Pakistan.

What is a Change of Investigation?

A change of investigation refers to the process of transferring the investigation of a criminal case from one police officer or agency to another. This can be requested if there are concerns about the impartiality, efficiency, or conduct of the current investigator or investigating agency.

Reasons for Requesting a Change of Investigation

1. Bias or Partiality: If there is evidence suggesting that the current investigator is biased or has a conflict of interest, a change of investigation may be necessary to ensure fairness.
2. Incompetence or Negligence: If the investigation is being handled ineffectively or negligently, leading to inadequate progress or mishandling of evidence, a change may be required to improve the investigation’s quality.
3. Corruption: In cases where there is suspicion of corruption or unethical conduct by the investigating officer or agency, transferring the investigation can help restore integrity to the process.

Procedure for Requesting a Change of Investigation

1. Filing a Complaint:

   • To the Police: Initially, you can file a complaint with the senior police authorities, such as the Superintendent of Police (SP) or the Deputy Inspector General (DIG), requesting a change of the investigating officer.
   • Documenting Concerns: Provide detailed reasons and evidence supporting the need for a change. This can include examples of bias, negligence, or any other issues that have affected the investigation.

2. Approaching the Court:

   • Petition for Change: If the complaint to the police does not result in a satisfactory response, you can file a petition with the relevant court. This petition should outline the reasons for requesting a change of investigation and include supporting evidence.
   • Court Hearing: The court will review the petition and may hold a hearing to examine the validity of the request. The court can then make an order to transfer the investigation to a different officer or agency.

3. Approval and Implementation:

   • Order for Change: If the court approves the request, an official order will be issued directing the transfer of the investigation. The new investigating officer or agency will then take over the case and proceed with the investigation.

Relevant Laws and Provisions in Pakistan

1. Criminal Procedure Code (CrPC):

   • Section 156: Governs the powers of police to investigate cognizable offenses. It allows for the transfer of investigation under certain circumstances.
   • Section 173: Deals with the submission of the police report (charge sheet) and can be relevant when arguing for a change of investigator due to issues in the ongoing investigation.

2. Constitution of Pakistan:

   • Article 10A: Guarantees the right to a fair trial and due process, which can be invoked to argue for a change of investigation if there are concerns about fairness or impartiality.

Challenges and Considerations

• Evidence of Misconduct: To successfully obtain a change of investigation, clear evidence of misconduct or issues with the current investigation is necessary. Vague or unsubstantiated claims may not be sufficient.
• Legal Assistance: Navigating the process of requesting a change of investigation can be complex. It is advisable to seek legal assistance from an experienced criminal lawyer to ensure that your request is properly presented and supported.

Conclusion

The process of requesting a change of investigation is an important mechanism to ensure that criminal investigations are conducted fairly and effectively. If you believe that the current investigation is compromised or inadequate, seeking a change of investigator may be essential for achieving justice. At ApkaWakeel, we provide expert legal support to guide you through this process, ensuring that your concerns are addressed and that the investigation is handled properly. If you need assistance with requesting a change of investigation or have any related concerns, contact ApkaWakeel for professional guidance and representation.