MAY 29 — Police investigations are principally governed by the Criminal Procedure Code (CPC). They are principally for the collection of evidence.
More than sixty years ago, the Indian Supreme Court in the case of H.N. Rishbud v.State of Delhi explained what police investigations under the Indian Code of Criminal Procedure – on which our CPC is based – entailed.
Justice Jagannadhadas, who delivered the judgment of the Indian apex court said:
“Under the Code investigation consists generally of the following steps: (1) proceeding to the spot; (2) ascertainment of the facts and circumstances of the case; (3) discovery and arrest of the suspected offender; [and] (4) collection of evidence relating to the commission of the offence.”
The words “facts and circumstances of the case” and “collection of evidence relating to the commission of the offence” are significant. They undoubtedly go to show that the investigating officer must study facts and collect evidence as they exist irrespective of the fact whether they go for or against the prosecution.
That is why it is said that police investigations are principally for the collection of evidence. Its purpose is to determine if a crime or offence has been committed and if so, the identity of the person or persons who are responsible. The police have a responsibility to get as much information about the offence as possible.
So, it is curious that Bukit Aman Criminal Investigation Department (CID) director CP Datuk M. Kumar should say that the police would call an academic expert on the Federal Constitution on June 3 to assist in investigations into a Facebook post by former Damansara MP Tony Pua, which allegedly touched on sensitive issues.
Kumar said that the expert’s statement was needed to obtain an academic perspective on issues related to the Constitutional Monarchy and the Rukun Negara raised in the post.
“We will record a statement from a constitutional law academic expert on June 3 before the investigation paper is completed,” the CID director told a press conference on Tuesday (May 26).
In my humble opinion, an “academic perspective” on constitutional monarchy is unnecessary as it is a question of law, and the Public Prosecutor aka the Attorney General is as competent on the law, if not more, as the law expert.
Police investigation is principally to collect evidence.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
