Batting for setting up special courts to try members of gangs, the Centre Thursday informed the Supreme Court that a total of 95 organised criminal gangs have been identified in Delhi. And over 5,000 cases have been lodged against around 1,100 of their members in the past 10 years, it added.
Additional Solicitor General (ASG) S D Sanjay told the bench that a proposal is being moved, which is under active consideration of higher authorities concerned, to set up these special courts, and sought three weeks’ time.
It is learnt that following the SC hearing, the ASG is expected to talk to the Home Secretary and the Delhi Police Commissioner for “some progressive steps”.
The submission comes after the SC had suggested setting up special courts to try such criminals. In its March 19 order, the apex court had recorded, “… in the larger interest of society, it is imperative upon authorities to evolve a mechanism to provide a speedy and time-bound trial. One of the effective recourses could be to establish special courts to conclude trials on a day-to-day basis. A clear mandate can be fixed for such courts that, regardless of the attempts, if any, made by the defence counsel to prolong the trial, the court will proceed with it and conclude the same within the prescribed timeline.”
In its status report on April 24, the Centre told the top court that based on data collated and analysed on criminal gangs operating in Delhi in the last 10 years — from DCPs, Special Cell and Crime Branch — “a total of 95 organised criminal gangs have been identified, comprising an aggregate of 1,109 members, all of whom are presently undergoing trial proceedings”.
“… the cumulative number of criminal involvements attributed to these gangs amounts to 5,212 cases, which include serious offences such as murder, extortion, robbery, abduction, and offences under special laws including the Narcotic Drugs and Psychotropic Substances Act (NDPS), the Arms Act, Maharashtra Control of Organised Crime Act (MCOCA) and the Unlawful Activities (Prevention) Act (UAPA),” the report notes.
Among the identified gangs, the major ones have members ranging from 50 to 150 and have an average involvement per member of around 6 to 7 cases, the status report notes.
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Last November, the SC had expressed concern that hardened criminals commit crimes while out on bail — often granted on the ground of delay in trial.
The SC’s observation had come while dealing with a bail plea by gangster Mahesh Khatri alias Bholi. While refusing him bail, it had noted that the oldest case against him, dating back to 2013, continues to be pending to date.
At the time, a bench of Justices Surya Kant and N K Singh had recorded, “It goes without saying that endless protracted trials do violate the incarcerated person’s right to a speedy trial, even if he is found not entitled to the relief of bail. Unnecessary delays in criminal trials, such as the unexplained delay of 12 years in the aforementioned FIR of 2013, strike at the very heart of the constitutional values… The prosecution, thus, must show cause as to what has prevented it from concluding the trial in at least 15 matters… pending against the petitioner (Khatri)…”
Why are trials delayed?
-Load on courts
The Centre submitted that there are multiple factors responsible for prolonged trial proceedings. “The primary one [is] that designated courts handle other routine matters such as IPC/BNS offences, EOW (economic offences wing) matters, ED cases, etc., making the courts burdened with multiple sensitive matters.”
-Multiplicity of offences across several jurisdictions
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The report notes, “… due to multiplicity of offences, jurisdictions, and legal classifications, different criminal cases involving members of the same gang are being tried before different courts, including regular sessions courts, Special NDPS courts, and special MCOCA courts.”
-Cases being tried under CrPC
Another reason for the delay, according to the Centre, is that most of these cases are being tried under the Code of Criminal Procedure (CrPC) and not the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS), which replaced it.
The latter has provisions for time-bound procedures such as time taken by magistrates to take cognisance of chargesheet (within 14 days); framing of charges (within 60 days); committal of cases; supply of documents to accused (within 14 days of their production); proceeding with trial against absconders; electronic trials; and trials of interconnected offences in a single court.
“… majority of cases registered against these gang members are under the Indian Penal Code and are being tried as per the provisions of Criminal Procedure Code… the (BNSS) provisions are not being utilised for conducting expeditious trial in these cases as the offences have been committed before July 2024 and FIRs were registered before the cut-off date for implementation of BNSS…,” the report notes.
