Following the directions of the Supreme Court, the Delhi Government has set up a standing committee headed by Senior Standing Committee (Criminal) to examine all cases or orders of acquittal in criminal cases, including rape cases, and ascertain the mistakes committed during investigation and prosecution.
The Committee will recommend departmental action against officials if lapses found on their part during investigation or prosecution. The committee shall record reasons for the failure of each prosecution case and mistakes committed during investigation or prosecution.
Top sources told The Pioneer that the committee is headed by Senior Standing Committee (Criminal) as chairman. The other members are Special Commissioner of Police Satyendra Jain, Additional Commissioner of Police (Anti Corruption), Additional Standing Counsel Sanjay Ghosh and Chief Prosecutor (Central) of Directorate of Prosecution. Director of Prosecution of Delhi Government is the member secretary of the committee.
The Delhi Government's Home department has issued an order to this effect.
"The standing committee shall analyse and examine all orders of acquittal in criminal cases and ascertain the mistakes committee during investigation/prosecution. In addition, those cases will also be referred to the committee where although the court has convicted the accused, nevertheless adverse comments have been passed against the investigating officer or public prosecutor. The committee shall record for the failure of each prosecution case and mistakes committed during investigation and or prosecution. The findings of the committee shall be forwarded to the Commissioner of Police and directorate of prosecution for taking departmental action as per the rules against all investigating/prosecuting officials identified responsible for failure of a prosecution case on account of sheer negligence or because of culpable lapses," the order said.
As per order, Directorate of Prosecution and Delhi Police shall incorporate content drawn from the findings of the standing committee as well as other leading cases in its existing training programme for junior investigation/prosecution officials as well as for refresher courses for the senior investigation/prosecution officials.
"The course content will be reviewed by the standing committee annually on the basis of fresh inputs and the experiences gained while examining failures in unsuccessful prosecution of cases," the order said.
Sources said this is the first occasion that the Government has been focusing on the court cases at large. The Government is preparing a data bank of court cases of various department. All HoDs and Principal Secretaries have been directed to provide list of court cases to law department.
Special counsels are being provided to all HoDs to defend the interest of the Government in the court. A nodal officer has been appointed to interact with standing counsels and the designated Government counsels from time to time. It has been reported that some Government counsels are not able to defend the interest of the Government properly.