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The Bombay High Court,taking serious note of the rising demand for transfer of investigation of criminal cases for various reasons,on Tuesday suggested that the state government should create a seperate body for dealing with such applications.
The court was hearing a set of petitions demanding the transfer of investigations to an independent agency. The Bench of Justice V M Kanade and Justice P D Kode observed that such applications add to the burden of cases pending before the court and they can generally be disposed of without having to approach the HC.
We see that a large number of cases include a demand to transfer the investigation either to the Central Bureau of Investigations (CBI) or the state Criminal Investigations Department (CID). There can be a centralized body to deal with such specific demands, Justice Kanade said.
The judges said the High Court can look into exceptional cases,but a state government-level committee could look into the facts and circumstances of individual cases in general and take an appropriate decision.
On the issue of demands to transfer cases out of the jurisdiction of a certain police station,the court noted that the state government has the powers to take such a decision even at present.
Reacting to the suggestion,public prosecutor Pandurang Pol said,The issue has been taken up with the secretary to the state home department. We have not recieved an official response as of now. However,I am sure that the department will consider the possibility of setting up such a body.
Pol admitted that several litigants approach the court demanding that their case be probed by an independent agency,which adds to the burden of criminal proceedings before the court.
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