*Police comes under sharp criticism for tardy probe
Mohinder Verma
JAMMU, July 10: In what could be termed as contempt of court, the Jammu and Kashmir Government has willfully ignored the explicit directions of the Apex Court of the country on checking low conviction rate in Narcotics Drugs and Psychotropic Substances Act (NDPSA) cases during the past one and half years.
Taking serious note of this, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today directed the Secretaries of the Home and Law Departments to comply with the directions in letter and spirit before September 1, 2014 or appear in person to explain their conduct.
The Apex Court of the country in a case titled Thana Singh Versus Central Bureau of Narcotics had taken cognizance of slow peddling of cases concerning NDPS. In its order dated January 23, 2013, the Supreme Court, after noticing that the pendency of cases over 5 years was high in Jammu and Kashmir, had specifically directed for establishing of Special Courts to deal exclusively with offences under NDPSA.
It was also stated by the Supreme Court that the number of these courts must be proportionate to and sufficient for handling the volume of pending cases in Jammu and Kashmir.
However, during the past one and half years no step has been taken by the State Government to implement the directions of Supreme Court despite the fact that conviction rate in NDPSA cases is abysmally low in Jammu and Kashmir.
In a Criminal Acquittal Appeal treated as Public Interest Litigation, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Tashi Rabstan today took serious note of non-compliance of the Apex Court directions.
“It has come on record that the conviction rate in NDPS cases is as low as 10% to 12% and in a large number of cases the trial ends up in acquittal of the accused on account of tardy investigation which leads to the impression that it has either been done deliberately or there is lack of investigation skill”, the DB observed.
“We have noticed that the tools of investigation appears to be archaic and those at the helm of affairs are not well trained”, the DB said, adding “it is revealed that in the year 2008, 138 cases were sent for trial and there were 1151 cases pending in respect of the previous years”.
In the year 2008, conviction was returned only in 7 and rest of 74 cases ended up in acquittal. The rate of conviction in the year 2008 was 8.64%. Likewise, in the year 2009 it was 6.20%.
“A committee headed by Inspector General of Police (Crime), which was constituted vide order dated May 7, 2013 to collect data from all the districts concerning the NDPS cases and devise a mechanism to improve the rate of low conviction by plugging the loopholes in the prosecution/investigation of NDPSA cases has forwarded its study to the Police Headquarters”, the DB observed, adding “it has been stated by Senior Additional Advocate General that all the conclusion reached by the committee will be examined by the Director General of Police and then it would be forwarded to the Law and Home Departments so that conclusion reached by the committee might be put into action”.
The DB directed that within next three weeks the DGP should examine and analyze the report submitted by the committee and forward the same to the Home and Law Departments, who in turn shall take a decision on the suggestions within two weeks thereafter.
About Apex Court directions vis-à-vis establishment of special courts to exclusively deal with offences of NDPS, the DB observed, “the direction doesn’t seem to have been complied with”, adding “the Chief Secretary and the departments of Law and Home are directed to comply with the directions and submit a compliance report before the next date of hearing”.
“In respect of the Narcotics Labs it has been stated that in Jammu and Kashmir there is only one State Forensic Laboratory and one Regional Forensic Science Laboratory but the qualitative and quantitative overhaul of these laboratories is necessary for improving the present state of affairs”, the DB said, adding “Senior Advocate Sunil Sethi, who was asked to assist the court, has pointed out that the samples sent to the laboratories in Jammu and Kashmir sometimes take two years”.
Taking serious note of this, the DB said, “strict view is required to be taken in accordance with the directions passed by the Supreme Court along with employment of technical and scientific staff sufficient to coup with the NDPS samples”, adding “the directions of the Apex Court vis-à-vis standardization of forensic labs and improving the quality and expertise of the technical staff shall also be implemented in letter and spirit”.
Directing Jammu and Kashmir Government to ensure compliance of the Apex Court directions in letter and spirit, the DB said, “Chief Secretary and Departments of Home and Law shall file compliance report before the next date of hearing—September 1, 2014”, adding “if the directions are not complied with, the Home and Law Secretaries shall remain present in person to explain their conduct”.
Referring to another important aspect of the Supreme Court directions, the DB said, “it is pertinent to notice that adjournment regime has to be brought to a standstill by virtue of directions issued by the Apex Court. Likewise, guidelines are available with regard to examination of witnesses. These directions can be usefully followed by the courts dealing with the NDPS cases”.
Accordingly, the DB directed Registrar General to circulate the copy of Apex Court judgment to all the Principal District and Sessions Judges.
Advocate Ravi Abrol appeared for the petitioner before the DB.
Follow our WhatsApp channel