GUWAHATI, Aug 10 � The Gauhati High Court has taken up the issue of strengthening the monitoring mechanism for expeditious investigation and trial of cases. The High Court is taking into consideration factors like overseeing duration of investigation, adequate number of forensic science laboratories, availability of medical offices for evidence, availability of public prosecutors in all courts, prompt service of summons by earmarking some police force which may be accountable to the concerned District and Sessions Judge.
Under Section 167(2) of the Code of Criminal Procedure, 1973, if investigation relating to an offence punishable by death, imprisonment for life or imprisonment for a term of not less than 10 years is completed within 90 days and, in case of other offences where investigation is not completed within 60 days, the accused is entitled to bail as a matter of right if the charge-sheet is not filed within the period of 90 or 60 days, as the case may be.
The State Government has submitted before the High Court that a target of 90 days has been fixed for completing the investigation. Extension of time beyond 90 days will be given by Superintendent of Police with valid reasons. Extension of time beyond one year will be given only by Inspector General of Police/Deputy Inspector General of Police.
In January 2013, a Forensic Science Laboratory was established at Jorhat. Two district mobile forensic science laboratories at Bongaigaon and Silchar are proposed in the current financial year. Thereafter, more forensic science laboratories will be set up. Instructions have been issued to ensure availability of medical officers as witnesses and Director of Prosecution has been instructed to take steps for ensuring availability of public prosecutors in courts.
Cells have been directed to be constituted to assess failure of prosecution in individual cases. Instructions have been issued to the investigating officers to attend courts for evidence. Steps have also been taken for evaluating performance of Superintendent of Police for training of investigating officers for prompt submission of post-mortem reports. Steps have also been taken to deal with the growing menace of cyber and digital crimes, apart from other measures.
The High Court has directed the State Government to submit a report about the effectiveness of the aforementioned steps. The court has further observed that investigating officers should be at least graduates and given adequate training. Further, sufficient number of prosecutors should be recruited after assessing the requirements for the same.
The court has also approved that there should be monthly meetings of the District Judges, District Magistrates and Superintendents of Police (instead of nominating any other representative) to sort out issues relating to delay in investigation and trials.
Similar, monthly meetings may also be held in the chamber of the Registrar General of the Gauhati High Court to be attended by the Director of Health Services and Additional Director General of Police for the purpose of coordination about the progress in investigation and trials. The first such meeting is scheduled to be held on September 5.
The Superintendents of Police have been directed to provide data of cases where investigation is pending for more than 90 days which may be analyzed centrally in the office of the Director General of Police and such analysis may be presented to the High Court. Similar analysis may be done in respect of pending reports by the Forensic Science Laboratory in Guwahati.
The Division Bench, comprising Chief Justice AK Goel & Justice AK Goswami, has directed the Government to ensure availability of funds for the aforementioned purpose as it is an inalienable function of the State to ensure speedy and satisfactory investigation. The progress report on such issues is required to be submitted before the High Court on October 29.
GUWAHATI, Aug 10 � The Gauhati High Court has taken up the issue of strengthening the monitoring mechanism for expeditious investigation and trial of cases. The High Court is taking into consideration factors like overseeing duration of investigation, adequate number of forensic science laboratories, availability of medical offices for evidence, availability of public prosecutors in all courts, prompt service of summons by earmarking some police force which may be accountable to the concerned District and Sessions Judge.
Under Section 167(2) of the Code of Criminal Procedure, 1973, if investigation relating to an offence punishable by death, imprisonment for life or imprisonment for a term of not less than 10 years is completed within 90 days and, in case of other offences where investigation is not completed within 60 days, the accused is entitled to bail as a matter of right if the charge-sheet is not filed within the period of 90 or 60 days, as the case may be.
The State Government has submitted before the High Court that a target of 90 days has been fixed for completing the investigation. Extension of time beyond 90 days will be given by Superintendent of Police with valid reasons. Extension of time beyond one year will be given only by Inspector General of Police/Deputy Inspector General of Police.
In January 2013, a Forensic Science Laboratory was established at Jorhat. Two district mobile forensic science laboratories at Bongaigaon and Silchar are proposed in the current financial year. Thereafter, more forensic science laboratories will be set up. Instructions have been issued to ensure availability of medical officers as witnesses and Director of Prosecution has been instructed to take steps for ensuring availability of public prosecutors in courts.
Cells have been directed to be constituted to assess failure of prosecution in individual cases. Instructions have been issued to the investigating officers to attend courts for evidence. Steps have also been taken for evaluating performance of Superintendent of Police for training of investigating officers for prompt submission of post-mortem reports. Steps have also been taken to deal with the growing menace of cyber and digital crimes, apart from other measures.
The High Court has directed the State Government to submit a report about the effectiveness of the aforementioned steps. The court has further observed that investigating officers should be at least graduates and given adequate training. Further, sufficient number of prosecutors should be recruited after assessing the requirements for the same.
The court has also approved that there should be monthly meetings of the District Judges, District Magistrates and Superintendents of Police (instead of nominating any other representative) to sort out issues relating to delay in investigation and trials.
Similar, monthly meetings may also be held in the chamber of the Registrar General of the Gauhati High Court to be attended by the Director of Health Services and Additional Director General of Police for the purpose of coordination about the progress in investigation and trials. The first such meeting is scheduled to be held on September 5.
The Superintendents of Police have been directed to provide data of cases where investigation is pending for more than 90 days which may be analyzed centrally in the office of the Director General of Police and such analysis may be presented to the High Court. Similar analysis may be done in respect of pending reports by the Forensic Science Laboratory in Guwahati.
The Division Bench, comprising Chief Justice AK Goel & Justice AK Goswami, has directed the Government to ensure availability of funds for the aforementioned purpose as it is an inalienable function of the State to ensure speedy and satisfactory investigation. The progress report on such issues is required to be submitted before the High Court on October 29.
