Just hasten it

Research is important. The Indian Law Institute can take up 20 criminal cases decided by the Supreme Court, 40 cases decided by high courts and 100 cases decided by district courts for research. The study could be with reference to following aspects:

8226; Identify the time of reporting of the crime from the site and the gaps if any between occurrence and reporting

8226; The time when the FIR was filed and delay in filing of the FIR if any, with causes for the delay

8226; Dynamics of witnesses with reference to time delay in court proceedings

8226; Dynamics of advocates in obtaining adjournments and impact of public interest litigations

8226; Time delay in leading witnesses and arguments by prosecution and defence

8226; Time delay in judicial process leading to final delivery of judgment

Research findings of these cases should provide an insight into the multiple causes of delay and suggest methods for procedural and legal provisions that need to be modified in our criminal justice system.

Systemic rot

It is against a complex background that one needs to address the subject of criminal justice in India today. These facts should be kept in mind: One, those who are in power and are enjoying power, by themselves, do not have any reason to change the system. They will even resist change. Two, ordinary powerless citizens by their very nature cannot do much, because the power system will punish them if they raise their voice. Therefore generally citizens are resigned to their fate. When occasionally a few young whistle blowers who are keen to correct the system bring out the facts, the powerful nexus of criminal elements systematically eliminates them. So what is the solution?

Policing the police

Every Station House Officer SHO of the police station should be instructed that he or she is bound to register a complaint immediately. Police stations should be provided with a computer for registration of complaints and the e-mail address of the SHO should be published. The complainant should have the option to send the complaint by e-mail to the concerned officer endorsing a copy of the complaint to higher authorities whose e-mail id should also be widely published. Every complainant should get a receipt for the complaint lodged. Procedures for registering of complaints should be widely publicised in the media. To ensure prevention of manipulation of evidence by some erring officials, it is necessary to bring all aspects of the crime as visual data on a computer file so that continuous traceability of the person involved in the investigation process is available. This will act as a deterrent for biased individuals to take wrong action. Also, the police have to be given a clear time frame for filing of the charge sheet. In spite of all these actions, if it is detected that the police colluded with the criminal and had attempted to manipulate the evidence against the accused, a three-pronged action plan is necessary.

Firstly, there should be an impartial departmental enquiry with exemplary punishment if manipulation is established. Secondly, there should be a parallel trial against the erring official and thirdly, the affected person who suffered due to the collusion of the police should be compensated. Such exemplary action against erring individuals will be an important deterrent for other officials while dealing with similar situations.

While we are working out several methods for administering speedy criminal justice, we have to eventually work for a crime free peaceful, harmonious and happy society.

Edited extracts from the president8217;s speech at the national seminar on delay in administration of criminal justice in New Delhi on March 17