Chandigarh, January 3
Taking suo motu cognizance of Ruchika molestation case, the Punjab and Haryana High Court has asserted that time has come to put on fast track cases pending against the bigwigs — top cops, bureaucrats and politicians.
Less than a fortnight after ex-DGP SPS Rathore managed to get away with a six-month sentence, and that too after a delay of 19 years, in the Ruchika case, Justice Ranjit Singh held the courts cannot absolve themselves of the blame for allowing well-connected people to “circumvent the system” and delay the investigations or even the trial.
Putting on notice the Home secretaries of Punjab, Haryana and Chandigarh, Justice Ranjit Singh also called for the details of all criminal cases involving “highly connected people”.
In his crisp order, Justice Ranjit Singh observed: “Bugged by delay in deciding Ruchika case, the public at large is clamouring for the heads of all those who were instrumental for the aberration. This case is prime example of justice delayed is justice denied. Blame for this has to be shared by all concerned, including the justice delivery system of the courts.” It is rightly noticed, and justifiably is cause of serious concern, that powerful persons occupying high position have generally been able to circumvent the system at all levels and at all stages, the judge observed.
“One would always hear the names of some police officers, some politicians and other highly connected people, who have not allowed either the investigation or the trial to reach the decision stage with requisite speed. Courts cannot entirely absolve themselves of this blame.”
Asserting that “Ruchika’s case has shaken the conscious of the nation”, Justice Singh added: “Lest the courts are again caught up with a blame, I deem it appropriate to suo motu put the states of Punjab, Haryana and the UT to notice to furnish the details of cases pending against police officers of the rank of superintendent of police and above, other officers (PCS and IAS) in position and politicians, whose cases are pending adjudication with delay, and the causes thereof. Let notice be issued to the Homes secretaries for January 12, 2010, to provide the details.”
The matter will now be placed before the appropriate Bench, in accordance with the roster, after obtaining orders from Punjab and Haryana Chief Justice Mukal
Mudgal.
Govt takes tougher stance and granted him bail to enable him to challenge the verdict.
The Law Ministry would soon invite comments on the draft and the Bill would be finalised based on the views of the public and legal and crime experts.
The proposed special courts, which would be set up in every state, would enjoy the powers of district courts. The number of such courts would be decided by the respective state governments and the High Courts.
The Bill would incorporate some changes in Sections 53 and 146 of the Evidence Act in order to provide protection to women victims during the course of the trial.
