New Delhi, Jul 24 (PTI) The Supreme Court on Thursday asked the Centre and Delhi government to consider setting up dedicated courts for a quick disposal of cases involving gangsters in the national capital.
A bench of Justices Surya Kant and Joymalya Bagchi said at the moment limited number of courts burdened with various cases and courts hearing gangsters related cases were also dealing with cases under IPC, NDPS and Prevention of Money Laundering Act.
“Why doesn’t the Centre and the Delhi government sit together and take a decision on setting up dedicated courts for gangster related cases. Setting up special courts would result in speedy trial,” the bench told additional solicitor general (ASG) S D Sanjay appearing for the Delhi government.
The top court said just like fast-track courts initially conceptualised for day-to-day hearings of heinous offences, dedicated courts for cases against gangsters could be set up.
“Fast track courts have given very encouraging results. Similarly we can have dedicated courts for gangster related cases. We are talking of hardened criminals, not any stray incidents. Society needs to get rid of them. Rule of law has to prevail and police need to be ruthless,” the bench said.
Referring to the Delhi government’s affidavit, the bench noted of the 288 cases charges were framed only in 108 cases and of them only 25 reached the stage of examination of prosecution witnesses.
The bench said in 180 cases of the 288 cases, charges were not framed, underlining a gap of three to four years between framing of charge and examination of prosecution witnesses.
Justice Kant said figures themselves told the story, demonstrating how gangsters attempt to delay the trial forcing the courts to grant bail in the absence of a mechanism for speedy completion of trial.
The top court told the ASG instead of focussing on opposing the bail, the prosecution should focus on completion of trial.
Justice Bagchi said public prosecutors were unable to focus on cases under special law being burdened with cases.
“It has become a trend that all cases start with arrest and ends with bail with no conviction or acquittal. There is a lack of sensitivity and prioritisation,” Justice Bagchi said.
Justice Kant called it a “peculiar situation” for when the courts released the accused on bail for delay in completion of trial, the police might not be able to bring them back in a court of law as they could abscond.
“They operate from anywhere and anytime. The situation in the outskirts of Delhi bordering Haryana is very serious. Elderly people whose children are settled abroad have to face incidents like chain snatching and other offences. In Ghaziabad, yesterday an accused was arrested and it was found that he committed murder six months back in Panipat,” Justice Kant pointed out.
The top court said better adjudicatory mechanisms would deter the gangsters, resulting in speedy convictions and courts not being forced to release them on bail.
On the point of witness protection, the bench lamented without security they chose not to depose against gangsters.
“You cannot keep the witnesses in jail. They are in society and protection needs to be provided to them. They are eyes and ears of prosecution and if it gets punctured, there cannot be any conviction,” Justice Bagchi said.
The bench said the Delhi High Court had no objection in setting up dedicated courts for such cases in the national capital but the government needed to sanction additional posts for judges of higher judiciary and create the required infrastructure.
The top court was hearing a bail plea of Mahesh Khatri alias Bholi, an alleged hardened criminal, involved in 55 cases across Delhi.
He has been convicted in two cases.
On April 24, the top court mooted setting up special courts for speedy trial of cases of criminals as the Delhi government referred to 95 gangster groups operating in the national capital.
The dreaded gangsters, the court said, were “misusing the judicial process” and taking advantage of delay in trial to secure bail on the ground of protracted trial.
Khatri moved the top court after being denied bail by the high court.
The top court then allowed three weeks to the authorities to place on record an effective proposal for setting exclusive courts for speedy trial of cases against gangsters. PTI MNL MNL AMK AMK
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