The Supreme Court today expressed concern over high acquittals in the criminal cases in India and said it is a failure of the justice delivery system. The Supreme Court said government should punish investigating officers for not conducted their works properly and directed home ministry of all state governments to ensure proper mechanism within six months for the training of its officers to make sure the accused is punished and the innocents are not framed wrongly in criminal cases.
Supreme”Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice,” the Court observed.
“It is, therefore, essential that every state should put in place a procedural mechanism which would ensure that the cause of justice is served, which would simultaneously ensure the safeguarding of interest of those who are innocent,” the bench of justices C K Prasad and J S Khehar added.
“On the culmination of a criminal case in acquittal, the concerned investigating/prosecuting official(s) responsible for such acquittal must necessarily be identified. A finding needs to be recorded in each case whether the lapse was innocent or blameworthy. Each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for,” the bench said.
“We further direct that the above training programme be put in place within 6 months. This would ensure that those persons who handle sensitive matters concerning investigation /prosecution are fully trained to handle the same. Thereupon,if any lapses are committed by them, they would not be able to feign innocence when they are made liable to suffer departmental action for their lapses,” the bench said.
“Accordingly we direct the Home Department of every state government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers. All such erring officials/officers identified as responsible for failure of a prosecution case on account of sheer negligence or because of culpable lapses must suffer departmental action,” it added.
“The above mechanism formulated would infuse seriousness in the performance of investigating and prosecuting duties,and would ensure that investigation and prosecution are purposeful and decisive. The instant direction shall also be given effect to within 6 months,” the bench said.
“The system responsible for the administration of justice is responsible for having deprived them of their lives,equivalent to the period of their detention. It is not untrue,that for all the wrong reasons, innocent persons are subjected to suffer the ignominy of criminal prosecution and to suffer shame and humiliation.
“Just like it is the bounden duty of a court to serve the cause of justice to the victim, so also it is the bounden duty of a court to ensure that an innocent person is not subjected to the rigours of criminal prosecution,” it said.
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