Government has junked
plans to amen the criminal procedure law as parliamentary panel says
judicial officers are already overburdened
The government has dropped plans to amend the criminal procedure law to
plug loopholes aimed at preventing witnesses from turning hostile and
getting away with it.
The proposal prompted by the hostile witnesses of the Jessica Lal
murder case sought to make it mandatory for police officers to
produce important witnesses in heinous crimes like murder before a
magistrate for recording his statement at the initial stages of
investigation.
The amendments were part of the Code of Criminal Procedure (Amendment)
Bill introduced in the Rajya Sabha in 2006 as part of the ongoing
attempt by the Union home ministry to tone up the criminal justice
system. It proposed summary trials for witnesses who retract statements
made before a magistrate and prescribed imprisonment for anything
between three months to two years for them.
But the parliamentary standing committee on home affairs that examined
the legislative proposals last year concluded it was unworkable as
judicial officers expected to record statements of
witnesses were already overburdened and would slow down the
already slow wheels of justice.
The committee had also expressed reservations on the government pushing
for courts summarily trying 58 serious offences punishable with up to
three years imprisonment. These included offences like theft,
extortion, breach of trust and subjecting married women to cruelty.
Since courts are not required to record the evidence in detail in
summary trials, it would have created problems if the accused had to
appeal.
“It has been decided to drop both provisions in light of the
suggestions received by the government,” a senior home ministry
official told Hindustan Times, acknowledging that the move to get
magistrates to record statements of witnesses may have been impractical.
The Union Cabinet accepted the home ministry's decision earlier this
month when it cleared the official amendments to be moved when
Parliament takes up the Bill for passage.
The amendments were moved in the backdrop of a public outcry over the
acquittal of the accused in the Jessica Lal case at the trial stage in
2006 due to crucial witnesses turning hostile.
On an appeal by the police, the high court, however, dubbed model
Shayan Munshi — who was one of the three witnesses to have turned
hostile weakening the prosecution case — as a liar and sentenced prime
accused Manu Sharma to life imprisonment.
Officials, however, pointed out that the proposal for simplification of
the summary procedure and expansion of the offences to be tried
summarily could bounce back at a later stage. "The decision at this
stage is to have the issue looked at by an expert committee. This panel
would look into the 58 new offences to be proposed to be brought under
summary trials and other related issues," an official said.
VICTIMS BEAR THE BRUNT
JESSICA LAL MURDER CASE
32 WITNESSES including actor Shyan Munshi turned hostile.
SHIVANI BHATNAGAR MURDER CASE
51 WITNESSES turned hostile
SANJEEV NANDA HIT AND RUN CASE
Two of the three eyewitnesses turned hostile, called the BMW car a
truck.
NITISH KATARA MURDER CASE
10 WITNESSES turned hostile
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