GOVT TO AFFECT MEASURES TO REDUCE ACQUITTALS - RANJIT SINGH
GANGTOK, 09 July: Sikkim Police and its various branches such as the Crime Branch and Vigilance police will now have to pull up their socks and get serious in their investigation of criminal cases.
Following the high rate of acquittals in criminal cases, the state government has deemed it fit to follow the directions of the Supreme Court of India to ensure that acquittals in criminal cases are reduced.
The Home Department is to initiate a series of “strict” measures to ensure that not only the acquittals in criminal cases are reduced but also that the cause of justice is served to the victims by ensuring conviction of the accused.
Apart from constituting a Standing Committee to examine and analyze the acquittals, departmental action is also liable to be initiated against those investigating officials who are found to be slack in their investigations which lead to acquittal of the accused persons.
The other – and important as well - aspect of the objective of initiating such reforms is to infuse a sense of seriousness in the performance of investigating and prosecution officials. It might be recalled that even the notorious Rakesh Rai aka “Spiderman” had been acquitted of the murder case by the lower court. It was only an appeal with the High Court which secured a conviction for the state. Similarly, Garai, the army soldier accused of murdering the wife of an SAP personnel was eventually acquitted by the court even after he had spent 5 years in prison.
According to the new instructions, the prosecuting agency is now required to thoroughly scrutinize the chargesheet before forwarding to the court; this is to remove all shortcomings and if necessary remove them by further investigation as well.
The public prosecutors are also to be actively involved in this exercise and not just the police. Witnesses and evidence are to be utilized properly and the presence of witnesses during trial is to be ensured so that the state is able to prove its case successfully.
In fact a standing committee is to be put in place to examine all orders of acquittals. The committee is to comprise senior officials of the Police Department and Prosecution to analyze the case and ascertain the mistakes of the investigation process as well as the prosecution during trial. Senior officials of the committee will include IGP-Law & Order, DIG-Range, SP and senior public prosecutor and law officer of the police department.
Besides examining acquittals, the committee will also make recommendations for course content of refresher training programmes for senior officials. Such training programmes are to be put in place within 6 months.
There will be appropriate departmental action against concerned investigation and prosecution officials in all criminal cases of acquittal where lapses are identified to have been committed by the concerned officials. Obvious and willful acts of omission and commission by the officials leading to acquittal of accused will now invite disciplinary action.
It will be interesting to note any changes in the performance of investigating officials after this order of the government.
GANGTOK, 09 July: Sikkim Police and its various branches such as the Crime Branch and Vigilance police will now have to pull up their socks and get serious in their investigation of criminal cases.
Following the high rate of acquittals in criminal cases, the state government has deemed it fit to follow the directions of the Supreme Court of India to ensure that acquittals in criminal cases are reduced.
The Home Department is to initiate a series of “strict” measures to ensure that not only the acquittals in criminal cases are reduced but also that the cause of justice is served to the victims by ensuring conviction of the accused.
Apart from constituting a Standing Committee to examine and analyze the acquittals, departmental action is also liable to be initiated against those investigating officials who are found to be slack in their investigations which lead to acquittal of the accused persons.
The other – and important as well - aspect of the objective of initiating such reforms is to infuse a sense of seriousness in the performance of investigating and prosecution officials. It might be recalled that even the notorious Rakesh Rai aka “Spiderman” had been acquitted of the murder case by the lower court. It was only an appeal with the High Court which secured a conviction for the state. Similarly, Garai, the army soldier accused of murdering the wife of an SAP personnel was eventually acquitted by the court even after he had spent 5 years in prison.
According to the new instructions, the prosecuting agency is now required to thoroughly scrutinize the chargesheet before forwarding to the court; this is to remove all shortcomings and if necessary remove them by further investigation as well.
The public prosecutors are also to be actively involved in this exercise and not just the police. Witnesses and evidence are to be utilized properly and the presence of witnesses during trial is to be ensured so that the state is able to prove its case successfully.
In fact a standing committee is to be put in place to examine all orders of acquittals. The committee is to comprise senior officials of the Police Department and Prosecution to analyze the case and ascertain the mistakes of the investigation process as well as the prosecution during trial. Senior officials of the committee will include IGP-Law & Order, DIG-Range, SP and senior public prosecutor and law officer of the police department.
Besides examining acquittals, the committee will also make recommendations for course content of refresher training programmes for senior officials. Such training programmes are to be put in place within 6 months.
There will be appropriate departmental action against concerned investigation and prosecution officials in all criminal cases of acquittal where lapses are identified to have been committed by the concerned officials. Obvious and willful acts of omission and commission by the officials leading to acquittal of accused will now invite disciplinary action.
It will be interesting to note any changes in the performance of investigating officials after this order of the government.
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