People are deeply interested in knowing what has been the logical end of prosecution of a person alleged to have been involved in criminal activity, terrorism and insurgency. The curiosity arises out of the fact that the evil has to be eradicated and civil society has to be provided with peaceful atmosphere. In many cases, the criminals are acquitted for want of sufficient evidence or that the Government is unable to produce satisfactory proof of involvement of the culprits. The fact is that there are certain clear instructions from the Supreme Court to come to the help of the dispensing authorities in the State High Court. Complicacy arises when the State Government is not implementing the directions and recommendations of the Supreme Court and Law Commission of India both of who have asked for separation of prosecution from the police for effective trials. In other words it means that investigation and prosecution should not be invested in one and the same authority. Strangely, the recommendations of Apex Court of the country and Law Commission of India regarding constituting regular cadre of Prosecuting Officers by setting up of a wing independent of the executive and all external influences besides independence of the police and the investigation process have not received the required attention of the State Government till date. Under these conditions, the chances for a person alleged to be involved in criminal and terrorist activities escaping scot-free increase manifold. The law of the land fails to bring the alleged criminals to book. The Government must look over the matter seriously and not allow anyone to enjoy the benefits of flaw in the system of prosecution.
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