“Accused present. Police not present. Witness not produced. For recall of prosecution of witness call on…” Such a noting was found in the diary of a Sessions Court. Says the diary in another court: “Accused not present. No representation for accused. Police not present. Address to Commissioner. Issue non-bailable warrant to accused.”
These entries show the manner in which trials are handled by law enforcement agencies before Sessions Courts that deal with serious offences such as murder, rape and dacoity. Trial proceedings are often marred by the absence of investigation officers, non-production of witnesses or accused. Prosecutors say such slackness made their job very tough and led to frequent adjournments and interminable delays at the trial stage.
A public prosecutor had just finished her examination-in-chief of a prosecution witness, who turned hostile in a murder case involving a gang. She expressed her anguish: “ The police have not even bothered to depute an Inspector rank officer in this case.”
The notice board at additional sessions courts here are full of proclamations relating to absconding suspects, some of them involved in serious crimes. Another prosecutor lamented: “Some of the police personnel don’t even know under which provisions the accused could be booked. There is no list of witnesses, as they don’t know how to prepare the list.”
There are instances of cases being dragged for several days because investigation officers are absent. The officers are sometimes unavailable for official reasons: “IO has gone for training,” constables deputed to represent the police tell judges. Or it could be ‘bandobast duty’ or just ‘special duty.’
A prosecutor says a case committed to sessions for trial in 2007 was adjourned 10 times for examination of prosecution witnesses. “The Assistant Commissioner, who was the investigation officer, failed to appear in court for many hearings, and ultimately retired. The police standing rules say the IO has to appear before the court even if he was on medical leave or has retired.”
N. Chandrasekharan, an advocate long associated with prosecuting agencies, said that unless there was dedication on the part of the police and the judiciary, cases relating to serious crimes would only get delayed. “Criminals are aware that the greater the delay, the better it is for them. For, over time, witnesses will disappear or change their versions or water down their testimony.”
Mr. Chandrasekharan also favoured a timeframe to finish the investigation and trial. “Those days when I started my practice, serious cases will not be kept pending for long. After filing charge sheet, the trial date will be fixed and examination begin within a few days.”
Senior advocate K.S. Dinakaran said, “There is no proper agency to serve summons on witnesses or to keep abreast of trial proceedings. Policemen lack in numbers and are often deployed for security and other duties.” He suggested that a special wing in the police force be created exclusively to handle court cases like serving of summons or attending the court.
via The Hindu Newspaper http://www.thehindu.com/news/states/tamil-nadu/police-not-present-witnesses-not-producedthat-is-how-trials-are-delayed/article4041208.ece
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