Code of Criminal Procedure being amended on HC intervention
Mohinder Verma
JAMMU, Mar 19: State Cabinet, which is meeting under the chairpersonship of Chief Minister Mehbooba Mufti tomorrow, will hold deliberations on the findings and recommendations made by Justice (retd) M L Koul Commission after conducting detailed probe into killings of 2010 in Kashmir valley. Moreover, the Cabinet will put a seal of approval on the proposal regarding amendments in the J&K Code of Criminal Procedure to bring it at par with the Central law.
Official sources told EXCELSIOR that Cabinet will meet at Civil Secretariat tomorrow at 11 am to take decision on important agenda, which was earlier scheduled to be discussed on March 13 but remained pending due to re-scheduling of the Cabinet meeting.
The Cabinet will hold deliberations on the findings and recommendations of Justice M L Koul, who has conducted probe into the killings of 2010 in Kashmir valley, sources said.
The one-man Commission of Inquiry (CoI), which was constituted by the previous Government to conduct probe into 2010 killings, had submitted its report to the Chief Minister Mehbooba Mufti on December 30, 2016 and since then it was lying with the Government.
In the 320 pages exhaustive report, Justice Koul has made several recommendations besides prescribing some operating procedures while dealing with such situation in future. The Commission has indicted State administration for lack of vigil, saying both administration and police were “inactive” in tackling the law and order situation, sources said.
It would be only after detailed deliberations that Cabinet will take a final call on implementation of the recommendations of Justice Koul Commission.
The Cabinet will also clear the proposal regarding amendments in Jammu and Kashmir Code of Criminal Procedure as recommended by the State High Court.
“As per the existing provisions of J&K Code of Criminal Procedure, the under trials are required to be produced before the courts on each and every date of hearing. Moreover, they are especially required to be produced before the courts at the stage of remand and record of evidence etc”, sources said, adding “this practice is leading to huge expenditure in the shifting of under-trials as also on ensuring their security during transition”.
The State High Court through Registrar General was repeatedly insisting on the Department of Law and Justice to dispense with these provisions of the J&K Code of Criminal Procedure so as to facilitate recording of appearance of the under-trials through video-conferencing facility, which has been made available in almost all the courts of Principal District and Sessions Judges, sources further said.
Keeping in view the recommendations of the High Court, the Department of Law and Justice has proposed amendments in Sections 354, 342 and 167 of the Code of Criminal Procedure and the same will be approved by the Cabinet.
“With these amendments not only the Code of Criminal Procedure of J&K will come at par with the Central law but also help in checking unnecessary expenditure on shifting of under-trials from jails to the courts”, sources said, adding “recording appearance of under-trials through video-conference will also check the threat of their escape during shifting from police or judicial custody to the courts as has happened a number of times in the past”.
According to the sources, the Cabinet will also put seal of approval on the proposal regarding promotion of certain IAS officers to next higher scale. “A proposal regarding promotion of Director Sericulture and Director Youth Services and Sports as Director General will also be considered by the Cabinet”, they said, adding “a scheme of the Horticulture Department will also get Cabinet nod for implementation”.
In response to a question, sources said, “the possibility of transfers and postings in the civil administration cannot be ruled out as posts of Administrative Secretaries of four departments are already lying vacant during the past quite long time and another post of Administrative Secretary will fall vacant by end of current month”.
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