Wednesday, July 24, 2002, Chandigarh, India

National Capital Region--Delhi



Police, prosecution agency too cause judicial delays

The appointment of an authority to oversee the conduct of criminal cases and causes of delay in the disposal of such cases was overdue. It is nice of Mr Justice Adarsh Kumar Goyal of the Punjab and Haryana High Court to have appointed a review committee for this purpose under the chairmanship of the Home Secretary for the area in the states of Punjab and Haryana and the Union Territory of Chandigarh.

Lawyers may be one of the causes and the accused may also be responsible for prolonging the proceedings in courts but the main fault is in the police and the prosecution agency representing the state before the judiciary, which has become soft since the days of terrorism.

A person in custody files a bail application. A person apprehending arrest at the hands of the police files an application for direction to the police to release the applicant on bail in case of arrest. In common parlance this application is known as prayer for anticipatory bail. In both cases notice is issued to the state. The Public Prosecutor or the Assistant Public Prosecutor accept the notice for the specified date. On that day the court in many cases is informed that the police file has not been received. No reason is given for the non-receipt of the file and the court orders do not disclose any reason for the non-receipt of the police file. The case is adjourned to some other date. The police station from where the police file is to be summoned is not unapproachable.

In state cases pending before the court witnesses for prosecution are to be produced by the police but the Public Prosecutor/Assistant Public Prosecutor go on getting adjournments for the production of witnesses and the accused remain behind the bar for an unspecified period.


The Director of Prosecution and Litigation should take interest and should direct the subordinates that they should not seek adjournments at the behest of the police. The prosecution agency will have to be more vigilant and efficient in view of the fact that a large number of criminal cases will be coming before the courts due to the anti-corrupt drive. This department needs screening and tuning up. The judiciary will have to be more strict.



Life begins at 60

So you’re getting along in years and haven’t yet made a name for yourself? Here are some words of comfort from research workers who have looked into the histories of some 400 famous men, each an outstanding statesman, scientist, painter, warrior, poet or writer of his time.

Of the group 35 per cent made their mark when they were between 60 and 73; 23 per cent when they were between 70 and 80; and 8 per cent when they were more than 80. In other words, 66 per cent of the world’s greatest work has been done by men past 60. Feel better?

K.J.S. AHLUWALIA, Amritsar


Undesirable action

Hari Jaisingh’s well-informed article Saving polity from mafia power (July 12) was thought-provoking and full of facts and figures about the present state of criminalisation of the Indian polity. The undesirable and unwarranted action of the major political parties to sabotage the order of the Election Commission issued on the direction of the Supreme Court for banning the entry of criminal and blackmarketeers in Parliament and Vidhan Sabha is insulting. The motive of the Election Commission was to save the sacred institution of democratic government from becoming the centre-stage of law-breakers as at present the ratio of entry of public representatives with notorious background in Parliament and Vidhan Sabhas has been increasing without any check. The tendency to give the party tickets to those candidates not having a clean background has increased among the political parties with a view to winning the seat by fielding such candidates without taking into consideration its long-term consequences.

The writer has rightly stated that it is a matter of great concern that all major political parties in India have refused to accept the order of the Election Commission of India and the ruling parties (NDA) promptly decided at the all-party meeting to introduce a bill in this regard in the monsoon session of Parliament.

The writer has aptly remarked that the unchecked entry into legislatures of unscrupulous politicians have resulted in lawlessness in every walk of life. Thus, there is a danger of sabotage of the democratic set-up. The rule of jungle would prevail if a timely decision to clean up the political set-up of unscrupulous, criminals, black-marketeers and history-sheeters is not taken.

The Supreme Court, under Article 32 of the Constitution, may come to the rescue of the Election Commission for implementing the order without considering the views of the political parties.

M.L. PANDIT Barsar (Hamirpur)

Staff for B.Ed colleges

Apropos the news item Regular teachers for B.Ed colleges likely (July 9), the statement of the Vice-Chancellor is not based on facts because all B.Ed colleges are not receiving government grant-in-aid and there should have been some distinction in grant-receiving colleges and colleges having no such facility at all.

However, the VC has used double standard in making this a necessary condition for admission to B.Ed colleges that they should have regular staff. If this condition is based on some mandatory provision laid down in the ACT of National Council of Teacher Education, then this law must be applied without any discrimination.

The Regional Centre of Kurukshetra University at Sirsa has been allowed to admit 100 B.Ed students even though there is not a single lecturer on its staff in the Education Department — not even temporary or ad hoc what to talk of regular staff.


CSE media fellowships

CSE’s Media Resource Centre offers journalists fellowships on “Making Water Everybody’s Business”. The fellowships are to investigate and understand how people and the state governments are — or are not — capturing the raindrop to drought-proof the country. And how they are rising to the challenge of rainwater harvesting.

CHITRA GOPALAKRISHNAN, Coordinator, 41, Tughlakabad Institutional Area, New Delhi Tel: 11-6081110, Website:

SAD MLAs’ complaint

This refers to a new- item (July 9) about 12 SAD MLAs submitting a joint complaint to the Chief Minister against the four former Congress ministers and a senior IAS officer who indulged in corrupt practices during the regime of Beant Singh.

It looks bizarre and absurd to lodge the complaint at this stage. The people have the right to know what these worthy MLAs have been doing for five years when they had their own government. Why did not they pursue this matter? Moreover, the IAS officer, against whom they are demanding action now, had held very important position in their time.

It is very sad that the SAD MLAs, instead of feeling repentant over the misrule and blackdeeds of their government, are indulging in counter-attacks. This is nothing but a political gimmickry, which they should avoid.

T.R. GOYAL, Manimajra

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