Why Delhi Police wants trials in jail: Gangsters turning court appearances into Instagram Reel opportunities

Police also said there would be fewer opportunities or grounds for these criminals to seek bail on grounds of delay, better control over safety and security measures — including for witnesses and accused persons — and “timely invocation of special statutes” such as the Maharashtra Control of Organised Crime Act (MCOCA), the National Security Act (NSA), etc, if dedicated court complexes are set up inside jail premises.

Additional Solicitor General S D Sanjay appeared on behalf of the Delhi Police during the hearing on Thursday.

In March, the apex court suggested setting up special courts to try such criminals.

“… 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,” the court said in its March 19 order.

The Delhi Police, in the affidavit, said the primary reason for delays in conducting trial proceedings is that presently, “designated courts handle other routine matters such as IPC/BNS offences, EOW matters, ED cases, etc, burdening them with multiple sensitive matters”.

They have also attributed the delay to the fact that most cases registered against these gang members are under the Indian Penal Code (IPC), and are being tried under Code of Criminal Procedure (CrPC) whereas it is the Bharatiya Nagarik Suraksha Sanhita (BNSS) that includes provisions of speedy and expeditious trial, which remains unavailable “for majority of trials”.

Police have secured convictions in only 2% or 3 cases of the 108 where charges have been framed against criminal gang members so far. And 10 cases have resulted in acquittal or discharge.

Over 80% (89) of the 108 cases are currently at the stage of prosecution evidence. A total of 288 cases are pending against these gang members, with 180 cases in which charges have not been framed yet.

According to the Delhi Police, the average time taken for disposing of the 13 cases that resulted in an outcome — either conviction/acquittal/discharge — was two years after the charges were framed.

In April, the SC was informed that 95 organised criminal gangs have been identified in Delhi, comprising an aggregate of 1,109 members, all of whom are presently undergoing trial proceedings.

Last November, the top court expressed concern that hardened criminals commit crimes while out on bail, which is often granted on the grounds of a 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, the court noted that the oldest case against him, dating back to 2013, remains pending to date.