Need to separate administrators from investigators: CJI
The CJI said there were many instances where chargesheets are not filed within the stipulated time and thus the accused is granted bail.
Kolkata: Chief Justice of India Altamas Kabir on Wednesday said separation of administrators from investigators in the police was one of the necessary steps for speedy trials and faster disposal of criminal cases to reduce the huge pendency in different courts in the country. "There should be a separate wing for investigation only, separate from administrators in police forces. This will facilitate speedy trials and faster disposal of cases," Justice Kabir said.
He was delivering a speech on 'Reforms required for speeding up justice delivery system, particularly with regard to criminal offences' as part of the sesquicentennial (150th) celebrations of the Calcutta High Court. "Investigation has to be done properly and that has to be done by proper investigators," the CJI said. "In several cases, sentence and conviction have been stayed by an appeal court and until the appeal is decided, the appellant is regarded to be innocent," Justice Kabir said.
"And the person has gone on to contest Lok Sabha polls in many instances," the CJI said. Stating that a person of influence tries to prolong and delay the process of justice delivery as long as possible to his or her benefit, he said the delays have to be dealt with in such matters. The CJI said there were many instances where chargesheets are not filed within the stipulated time and thus the accused is granted bail.
In cases where there are multiple accused, it is difficult to get all of them to be present in courts during trial once they are out on bail for different reasons and thus inordinate delays are caused in disposal of such cases. "There are persons with may be as many as 30 cases against them which include grave charges like 302 (murder), 307 (attempt to murder), 304 (culpable homicide) and are still out on bail, thus delaying the process," Justice Kabir said.