NIRANJAN GOSAI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In a recent judgment the Supreme Court has observed; "the criminal justice system in this country is on crossroad".

(2.) In the last one month since I was assigned roster for bail matters, I have come across cases which make me believe that Jharkhand is no exception. There are cases in which; case-diary has been produced after as many as 5 adjournments, witnesses have not been examined even after 23 adjournments or for about 3 years, eye-witness and the informant have not been made charge-sheet witnesses, the post-mortem examination report does not record any observation regarding external injury on the dead body, and investigation is conducted, in Special cases in which investigation cannot be conducted by an officer below the rank of Dy. S.P., by an officer in the rank of Assistant Sub-inspector of police. These are the issues which require immediate attention of the police and the prosecutor. The cases which have been listed today are broadly divided under four categories:

(3.) Way back, Police Order No.47 was issued on 28.09.1950 addressing the concern regarding non- appearance of the police officers/investigating officers during the trial. Police Order No.47 reads as under: POLICE ORDER No. 47 "It has been brought to the notice of Government that attendance of the police officers and men in court is not ensured and that processes, etc., against them are treated mechanically. In future the headquarters Deputy Superintendent of Police will be held personally responsible for proper and prompt attention to processes received in police office. A special register should be maintained to indicate the postings, and leave addresses of all SubInspectors, Assistant SubInspectors, Writer Constables of the district and the Head Moharrir under the supervision of the Headquarters Deputy Superintendent of Police will be responsible for keeping it uptodate. Likewise, the Sub divisional Police Officer/Circle Inspector should maintain similar registers for officers and men under their charge. This register should invariably be consulted before processes are dealt with to guard against mistakes and delays.