LAHORE - A Full Bench of the Supreme Court of Pakistan on Friday directed the Punjab Government to review the policy of conducting Deoxyrhibo Nucleic Acid (DNA) test of the persons accused of rape as it was facilitating them to escape the noose of law.
Headed by Justice Khalilur Rehman Ramday and comprising Justice Fakir Muhammad Khokhar and Justice MA Shahid Siddiqui, the bench sending copy of court directives to the inspector general of police Punjab and the provincial home secretary required them to reconsider the permission earlier granted to the police to carry out DNA test of the persons accused of rape given the situation in the laboratories along with the conditions prevailing therein and the DNA reports prepared in that milieu.
The court was hearing a bail petition filed by Amanullah of Manawala who has been in jail over the last 10 months on the charges of raping an 18-year girl (Sh) at the gunpoint.
The bail of the accused was prayed for on the ground that the police in their investigations had declared the petitioner innocent and had also discharged him from the case on the basis of a DNA report showing the swab test of the girl did not match with semen of the accused.
The magistrate, however, not agreed with the report and decided not to release the petitioner who step by step reached the apex court for bail.
The investigating officer to a court query that on whose asking and under what law the DNA test was carried out, stated it was conducted at the request of the accused and they were obliged in that event to act accordingly.
This statement amazed Justice Ramday who said, the guilt had been committed on the girl which was not an 'easy virtue, nor anything was on the file to show that the girl had shifted blame of someone else to the accused nor any reason that she tried to implicate him in the case.
The learned judge appeared dissatisfied with the police proceedings in this regards to the extent of accepting everything of the accused, which, he said, showed the accused was an influential person trying to wriggle out of the noose of law.
The judge said relying on the DNA reports in this nature and particularly in such like cases, would wreak a chaos as legitimate would be made illegitimate and vice versa and situation would specifically become highly complex in inheritance and property cases if such tests are accepted on the face value.
Justice Ramday said everyone knows what is happening in our laboratories and how the reports are fabricated greasing the palm.
He also referred to a point raised during the arguments presented by the petitioner that the offence was committed by someone else and said, if this was the case why not the police got the DNA test of that second person? The petitioner counsel failed to reply the question.
From the medico lego report the court found the offence committed on a virgin and that no reason existed to discard her statement, hence it dismissed the bail petition and required the government through the said officials to revisit the policy of allowing (DNA) test to the accused persons in such cases.

This news was published in The Nation newspaper. Read complete newspaper of 30-May-2009 here.