PC for separation of investigation, prosecution
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Last Updated: Tuesday, February 28, 2012, 20:45
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 justice.

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.


First Published: Tuesday, February 28, 2012, 20:45

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