Spl PPs in distts having no exclusive courts for corruption cases
*CS asked to give serious look, take corrective measures
Mohinder Verma
JAMMU, May 14: A decision of the Home Department regarding posting of separate Special Public Prosecutors for conducting the trials exclusively of the cases filed under the Prevention of Corruption Act even in those districts where no separate Special Courts to deal with such matters, has backfired and chocking working of the normal courts.
This has been observed by the Principal Sessions Judge Udhampur Y P Bourney while dealing with an application seeking grant of bail to an under-trial on extreme health grounds.
The applicant—Rattan Singh, son of Teju Ram of Gordi village of Ramnagar tehsil of Udhampur district had filed an application for admitting him on bail on health and medical grounds. Upon the receipt of motion, the notice was given to the Public Prosecutor calling upon him to file the objections.
However, the court was informed that the Public Prosecutor was transferred on promotion and his reliever/new incumbent has not joined till date. “It is almost a month now and the urgent matters like the one in hand which require immediate attention cannot be allowed to linger one indefinitely”, the Principal Sessions Judge observed.
“It pains to note that Commissioner Secretary, Home Department has issued the orders posting/appointing separate Special Public Prosecutors in the districts for conducting the trials exclusively of charge-sheets filed under Prevention of Corruption Act even in districts where no separate Special Courts to deal with such matters exclusively have been set up”, Principal Sessions Judge said.
He further said, “such courts are existing in the twin districts of Jammu and Srinagar only. In all other seven districts in the erstwhile State, Additional District Judges have been vested with the powers to try such cases in addition (not exclusively) to other regular cases pending before these courts”.
According to the Judge, about 1050 cases of varied natures are pending before Additional District Judge Udhampur out of which the cases under Prevention of Corruption Act are hardly 25. “But, strangely one Special PP has been spared to deal with those 25 cases exclusively filed under Prevention of Corruption Act which may not be listed every day”, he remarked.
“It is another story that very decision of withdrawing these cases from the Special Courts constituted under the Act and transferring the same to the seven already overburdened courts of Additional Sessions Judges under mistaken belief of decentralization for expediting the disposal of such cases has backfired since the huge pendency before those additional courts was forgotten conveniently”, the Principal Sessions Judge further said, adding “with the result, far from expediting, actually the progress of these cases has got slowed down”
He again said, “the trials of Sessions cases numbering 429 pending before this court and 350 pending before Additional Sessions Judge are directed by one and the same Public Prosecutor that too by the one who has not joined so far”, adding “it is not practically possible for one person to appear before two courts simultaneously unless he is vested with some supernatural powers”.
“It is not understandable how one person would prepare for such a large number of trials of Sessions cases and stand before two different courts at the same time for conducting the cases numbering almost eight hundred out of which at least twenty five are listed every day”, the Judge remarked, adding “this speaks volumes about the kind of understanding and the practical knowledge of the working of institutions of vital public importance like courts on the part of the authorities, whosoever, have recommended/made these arrangements”.
Stating that these are calculated moves on the part of certain vested interests who want to ruin the judicial system by choking and creating hurdles in the working of the courts, the Principal Sessions Judge hoped that Chief Secretary of the Union Territory would take note, give a serious look to the vital aspects of the matter and take necessary corrective steps immediately”.
Accordingly, the court directed that a copy of this order be forwarded to the Chief Secretary for his perusal and necessary action. “Let copies of this order be forwarded to Commission Secretary (Home) and Director General of Police for their information also so that unscrupulous elements whosoever don’t rejoice having succeeded in nefarious designs”, the Principal Sessions Judge directed..
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