Panama Case, JIT and Criminal Procedure Code

  • Following are essentials of investigation/trial under CrPC (Criminal Procedure Code):

    1- JIT/Investigation Officer's role is only to collect evidence & put up before the court. It is not their job to declare guilt or innocence of the accused/respondent.

    2- Copies of JIT report, when submitted in court, have to be supplied to all parties to the investigation/ trial.

    3- Statements recorded by the JIT/IO are not to be signed by the accused. That's why it is of no substantial value. The accused may or may not own it.

    4- Statements of witnesses are also not to be signed by the witnesses. Hence, carry no value. These can be used by defence to contradict the witnesses in court during trial. Witness Statement recorded in court during trial is authentic after he has been cross examined by defence.

    5- Any document collected by JIT is admitted by court only if it is in ORIGINAL & produced by creator of document or custodian in person in court. Court can give it weight only if creator or custodian is cross examined on contents of that document.

    6- Burden of proof is always on the prosecution/JIT/IO to prove the guilt of accused beyond any reasonable doubt.

    7- Accused is innocent until proved guilty by the court after trial. Report of JIT is just a list of allegations.

    8- Supreme Court is NOT a trial court. If it assumes that role, accused will be left with no higher court for appeal. Hence, denial of justice.