The Supreme Court said on Thursday that “there should be no wrong sympathy with the gangsters” and was called to establish a more fast-track courts to expedite the cases, while underlining that there is a delay in making time to win the tests in matters related to rigorous criminals.
A bench, including Justice Surya Kant and Joymlya Bagchi, commented on hearing a bail argument by a person facing 55 criminal cases. During the hearing, the court also questioned the law and order status in the National Capital Region (NCR).
“In NCR, just go out of Delhi’s geographical belt and see what is happening in Faridabad, Gurgaon, etc., a person who killed in Pinipat was arrested in Ghaziabad. There should be no wrong sympathy for these gangsters. The society needs to get rid of them. What is happening in NCR, Haryana?” Asked Justice Kant.
Justice Kant said, “The person gets scott-free due to a widespread day murder (happens) on the road and lack of evidence … The rule of law is completely impaired in the eyes of the common man,” Justice Kant said, gangsters should be dealt with brutally but according to the law.
Justice Bagchi said, “The trust of the common people is wandering.”
Pending matters
Reviewing an affidavit, which provided data on pending cases against gangsters, Justice Kant said that there are 288 such pending cases in the National Capital Region (NCT), and 180 of them have not yet implicated allegations.
The court noted that only 25 percent of the cases had reached the stage of starting evidence of the prosecution, and there is a difference of three to four years between the framing of the allegations and starting the evidence examination.
Expressing concern over the delay in the trial, Justice Bagchi said, “Every and every test is delayed in winning the witnesses, and is acquitted. This is a game plan.”
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“Given the pendency of 288 tests against gangsters, etc., there should be a suitable force of courts to ensure that these cases can be properly distributed and their tests can proceed on day-day basis. If such a decision is taken by APT authorities, we feel that all the pending tests can be brought to reduce more than another. Can be released.
Government resolution is required
Justice Kant said that pointing to the need to set up more courts to track rapidly in these cases, this can only happen when the Center and the Delhi government “resolve to present the mechanisms such as the fast-track courts for testing these cases”.
The bench said, “For this, additional posts of judicial officers will have to be created or a different ad hoc cadre can be developed for such courts. Infrastructure facilities and other expected employees may be required, which may also need to be provided”.
The SC also emphasized the need to ensure witness safety measures. “Witnesses are your eyes and ears. What are you doing to protect them?” The court asked Additional Solicitor General SD Sanjay.
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During the day, the Delhi Police requested the Supreme Court to investigate whether the court complexes dedicated inside the jail premises could be set up to test crimes related to criminal gangs, in which allegations have been made in more than 60 percent of cases.
In an affidavit filed on Wednesday, the police said one of the reasons for the proposal is that “to reduce the opportunities for generations and other social media content and reduce opportunities for criminals’ lives, which are seen when criminals belonging to the gang are taken from the jails to the court premises at various places.”
Delhi Police also said that delays for witnesses and accused individuals, better control over security and safety measures, and “timely call for special laws”, such as the Organized Crime Act (MCOCA), National Security Act (NSA), ETC, will have less opportunities or basis to demand bail on bail inside, ETC.
The apex court suggested setting up special courts to try such criminals in March this year.
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