PC for separation of investigation, prosecution

Home Minister P Chidambaram strongly advocated separation of investigation and prosecution by amending the criminal justice system.

New Delhi: Home Minister P Chidambaram on Tuesday
strongly advocated separation of investigation and prosecution
by amending the criminal justice system for speedy delivery of

Addressing a meeting of the Consultative Committee of the
Home Ministry, he said expeditious trial of cases has to be
ensured by making necessary changes in procedure and a
proposal to this effect has been sent to state governments for
their approval.

"States must create a separate investigation cadre.
Separate prosecution cadre is also required," he said at the
meeting on `Investigation, Prosecution and Trial` here.

The Home Minister said the Committee on Reforms of the
Criminal Justice System, constituted under the Chairmanship of
Justice V Malimath considered measures for revamping criminal
justice system.

The Committee gave recommendations on various aspects of
criminal justice system including investigation, prosecution
and the trial procedure in its report submitted in March,2003.

Chidambaram said since the Criminal Law and Criminal
Procedure are on the Concurrent List of Seventh Schedule of
the Constitution and are administered by state governments,
any amendment to these requires consultation with states.

"In view of this, the report was forwarded to the state
governments and Union Territories Administrations to obtain
their views or comments," he said.

The step assumes significance as non-Congress state
governments have strongly opposed Centre`s plans to set up
NCTC saying it was being done without consulting them.

The Home Minister informed members that Law Commission of
India has been requested to give a report on the amendments
required immediately.

He said the Department related Parliamentary Standing
Committee on Home Affairs while examining the Code of Criminal
Procedure (Amendment) Bill, 2010 in its 146th Report has
recommended that there should be comprehensive review of the
Criminal Justice System and introduction of composite draft
legislation for revamping of the Criminal Justice System in
the country.

Accordingly, Ministry of Law and Justice have been
requested to urge the Law Commission of India to examine and
give a comprehensive report covering all aspects of criminal
law, so that comprehensive amendments could be made in various
laws like IPC, CrPC and Evidence Act.

"It was also suggested that the Law Commission of India
may also take into account the recommendations made by
Malimath Committee and other Committee/Commission in this
regard. The recommendations of the Law Commission of India in
this regard are awaited," he said.

During the discussion, the Home Minister said the
investigation has moved to technology based evidence, new
forensic tools are used by other countries. "We also need to
move towards it."

The Law Commission of India also reviewed the Code of
Criminal Procedure, 1973 in its 154th Report. The 197th Report
of the Law Commission of India examined the issues relating to
appointment of Public Prosecutor. The view of the state
governments and Union Territory administration on
recommendation of Law Commission have been sought.


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