The Supreme Court said Thursday there “should not be any misplaced sympathy with gangsters” and called for establishing more fast-track courts to expedite cases while underlining that trials in cases involving hardened criminals are being delayed deliberately to make time to win over witnesses.
A bench comprising Justices Surya Kant and Joymalya Bagchi made the remarks while hearing a bail plea by a man facing 55 criminal cases. During the hearing, the court also questioned the law and order situation in the National Capital Region (NCR).
“In NCR, just go out of the geographical belt of Delhi and see what is happening in Faridabad, Gurgaon, etc. A man who committed a murder in Panipat was arrested in Ghaziabad. There should be no misplaced sympathy for these gangsters. Society needs to get rid of them. What is happening in NCR, Haryana?” asked Justice Kant.
“Broad daylight murder (happens) on the street and the person goes scot-free due to lack of evidence…Rule of law is absolutely impaired in the eyes of the common man,” Justice Kant said, adding gangsters should be dealt with ruthlessly but in accordance with law.
Justice Bagchi said, “Faith of common people is waning.”
Pending cases
Reviewing an affidavit that provided statistics on the pending cases against gangsters, Justice Kant noted that there are 288 such pending cases in the National Capital Territory (NCT), and charges have yet to be framed in 180 of them.
The court noted only 25 per cent of the cases had reached the stage of commencing prosecution evidence, and there is a gap of three to four years between the framing of charges and the commencement of evidence examination.
Expressing concern over the delay in trials, Justice Bagchi said, “Each and every trial is delayed to win over witnesses, and get acquitted. That is the game plan.”
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“Considering the pendency of 288 trials against gangsters, etc, there will have to be an appropriate strength of courts to ensure that these cases can be aptly distributed and their trials can proceed on a day-to-day basis. If such decision is taken by apt authorities, it seems to us that all pending trials can be brought to an end, for which some more directions like compulsory appearance of defence counsels, dispensation of adjournments, and a timeline for purpose of conclusion of investigation, framing of charges, may also be issued at appropriate stage,” the court said.
Need government resolve
Pointing to the need for setting up more courts to fast-track these cases, Justice Kant said this can happen only if the Centre and Delhi Government “resolve to introduce a mechanism like fast-track courts for trial of these cases”.
The bench said, “For this, additional posts of judicial officers will have to be created or a separate ad-hoc cadre for such courts can be evolved. The infrastructural facilities and other requisite staff that may be required also need to be provided”.
The SC also stressed the need to ensure witness protection measures. “Witnesses are your eyes and ears. What are you doing to protect them?” the court asked Additional Solicitor General S D Sanjay.
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During the day, the Delhi Police requested the Supreme Court to examine if dedicated court complexes can be established within jail premises to conduct trials in criminal gang-related offences, with charges to be framed in over 60 per cent of cases.
In an affidavit filed Wednesday, the police said one of the reasons for the proposition is to reduce “opportunities for generation of reels and other social media content glamourising the criminals’ lives which are observed when gang-related criminals are transported from jails to court complexes at various locations.”
The Delhi Police also said there would be fewer opportunities or grounds for seeking bail on grounds of delay, better control over safety and security measures, including for witnesses and accused persons, and “timely invocation of special statutes” such as the Maharashtra Control of Organised Crime Act (MCOCA), the National Security Act (NSA), etc, if dedicated court complexes are set up inside jail premises.
The apex court, in March this year, suggested setting up special courts to try such criminals.
