Concepts in Communication Informatics & Librarianship-51

General Editor : S.P. Agrawal

Committees and Commissions in India 1977 Volume 15

PART D A Concept’s Project

Compiled by a team of professionals guided by VIRENDRA KUMAR

CONCEPT PUBLISHING COMPANY, NEW DELHI 110059

Committees and Commissions in India 1977

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CONTENTS

General Editor’s Introduction Preface

v1)

PARTA 1. Railway Accident Investigation Report on Collision Between

SUP Barauni-Kanpur (M.G.) Express and Down Garhara (B.G.) Goods Special at Bachwara Station of North- Eastern Railway at About 20.38 Hours on February 2, 1977

2. Railway Accident Investigation Report on the Collision of No. 16 UP New Delhi-Madras Grand Trunk Express Train with the Rear of Vijayawada-Madras Diesel-11 UP Goods Train Between the UP Distant and Home Signals of Ongole Station of the Vijayawada-Gudur Section of South-Central Railway at About,04-10 Hours on February 8, 1977

3. Railway Accident Investigation Report on Derailment of 104 Down Kathgodam-Bareilly Passenger in the Catch Siding at Haldwani Station of Izatnagar Division of North Eastern, Railway at About 05.12 Hours on 7th February, 1977

4. Committee to Conduct Study and Make Recommendations for the Development of Industries Based on Ethyl! Alcohol, 1977 Report

5. Railway Accident Investigation Report on Derailment of 387 Down Bhusawal-Allahabad Passenger Train at Majhgawan Station on Satna~Manikpur Section of Central Railway at 11.58 Hours on February 17, 1977

6. Railway Accident Investigation Report on Collision of BPQD Goods Train with the Rear of No. 76 UP Waltair-Kazipet Passenger Train on the UP Main Line of Kesamudram Station on Vijayawada-Kazipet BG Double Line Section of South Central Railway at About 22.10 Hours on 25th March 1977

7. Railway Accident Investigation Report on Collision of Motor Car No. USR 9063 and Passenger Train No. 131 UPA ‘B’ Class Level Crossing on the Lalkua Jn.- Kashipur Jn. Section of the Izzatnagar Division of

23

32

39

52

57

vi

14. 15.

16.

17.

18.

19.

Committees and Commissions

North-Eastern Railway at 18.45 Hours on March 28, 1977

. Railway Accident Investigation Report on the Derailment

of No. 28 UP Mangalore-Madras West Coast Express Train at Sevur Station on the Jolarpettai-Madras

Broad Gauge Double Line Section of Southern Railway at About 12.50 Hours on March 30, 1977

. Committee on News Agencies, 1977 Report . Railway Accident Investigation Report on Derailment of

367 UP Sealdah-Lalgola Passenger Train at Km. 52/27-53/11, In Madanpur Station, In Sealdah Division of Eastern Railway at About 13.26 Hours on

April 20, 1977

. Grover Commission of Inquiry to Inquire into Certain

Allegations of Corruption, Nepotism, Favouritism and Misuse of Governmental*Power Against the Chief Minister and Some Other Ministers and Former Ministers of the State of Karnataka,

1977 First Report

. Grover Commission of Inquiry to Inquire into Certain

Allegations of Corruption, Nepotism, Favouritism and Misuse of Governmental Power Against the Chief Minister and Some Other Ministers and Former Ministers of the State of Karnataka,

1977 Second Report

. Railway Accident Investigation Report on the Collision

of No. 20 UP “Trivandrum Central Madras/Central Mail’ Train with Two Coupled Light Engines at Km. 117/4-5 in Tiruvalam Station Yard on the Jolarpettai-Madras Double Line Broad Gauge Section of Southern Railway at About 04.07 Hours on May 27, 1977 Shah Commission of Inquiry, 1977 Report Commission of Inquiry on Maruti Affairs, 1977 Report

PART B

63

67 73

83

94

107

169 179 251

Committee on Consumer Price Index Numbers, 1977 Report

P. Jagmohan Reddy Commission of Inquiry (Regarding Nagarwala Case), 1977 Report

High-Powered Expert Committee on Companies and MRTP Acts, 1977 Report

Finance Commission (Seventh), 1977 Report

418

429

448 507

in India 1977 Vii

20. 21. 22. 23. 24.

25.

Task Force on Projections of Minimum Needs and Effective

Consumption Demand, 1977 Report 529 Direct Tax Laws Committee, 1977 Report 536 Direct Tax Laws Committee, 1977 Interim Report 624 Committee to Study the Functioning of

Public Sector Banks, 1977 Report 658 Review Committee on the Curriculum for the Ten-Year

School, 1977 Report 699 Railway Accident Investigation Report on Derailment

of 2 DSU Passenger Train at Modinagar Station of

Delhi Division of Northern Railway on 4th August, 1977 = 715

26.

27.

28.

29,

30.

31. 32.

36.

PART C

Working Group on Autonomy for Akashvani and

Doordarshan, 1977 —- Report 721 Agricultural Credit Schemes of Commercial Banks,

1977 Report 750 Second Review Committee to Review the Work of ICSSR

during the Last 10 Years and Specially during

the Fifth Five Year Plan, 1977 Report 763 Railway Accident Investigation Report on Collision

Between 103 UP Howrah-Amritsar Deluxe Express

Train and UP CPC Special Goods Train at Naini

Station on Allahabad Division of Northern

Railway at 00.15 Hrs. on October 10, 1977 785 Study Group on Wages, Incomes.and Prices,

1977 Report 810 Working Group on Flood Control, 1977 Final Report 830 Railway Accident Investigation Report on Derailment of

No. 107 Down ‘Madras-Rameswaram Passenger’ Train Between

Paramakkudi and Pandikanmoi Stations on the

Manamadurai-Rameswaram Single Metre Gauge Section

of Southern Railway About 08.15 Hours on

October 17, 1977 838

. Working Group on Block Level Planning, 1977 Report 841 . Working Group on Employment of Women, 1977 Report 853 . Narmada Water Disputes Tribunal with Its Decision in the

Matter of Water Regarding Inter-State River Narmada

and the Lower Valley Thereof Between Report 869 Railway Accident Investigation Report on the Collision of

No. 385 Down Bhusaval-Nagpur Passenger Train with

Coupled Light Engines of No. D-30 UP Goods Train on

Vili

37, 38. 39. 40.

41. 42.

Committees and Commissions

the Down Main Line of Akola Stations on the Bhusaval- Badnera Double Line Broad Gauge Section of Central

43. 44. 45. 46. 47.

Railway at About 22.15 Hours on November 9, 1977 916 Sub-Group on Skill Development of Women,

1977 Report 920 Sub-Group on Development of Self-Employment and

Enterpreneurship Among Women, 1977 Report 931 Sub-Group on Statistics on the Employment of

Women, 1977 Report 935 National Police Commission, 1977 First Report 941 National Police Commission, 1977 Second Report 978 National Police Commission, 1977 Third Report 1012

PART D

National Police Commission, 1977 Fourth Report 1039 National Police Commission, 1977 Fifth Report 1073 National Police Commission, 1977 Sixth Report 1115 National Police Commission, 1977 Seventh Report 1145 National Police Commission, 1977 Eighth

and Concluding Report 1189

48.

49. 50. 51. 52. 53. 34.

35.

56.

Railway Accident Investigation Report on Derailment of

No. 2 Down Ahmedabad-Delhi Mail at Km. 18/6.2

Between Ajarka and Bawal Stations on the Bandikui-

Rewari Single Line Metre Gauge Section of Western

Railway at About 05.18 Hours on November 23, 1977 1200 Working Group on Technical Education, 1977 Report 1206 Working Group on Energy Policy, 1977 Report 1226 Committee on Panchayati Raj Institutions, 1977 Report 1237 Working Group on Educational Technology, 1977 Report 1265

Working Group on Vocationalisation, 1977 Report 1296 Working Group on Organisation of Vocational Education, 1977 Report 1300 Working Group on Adult Education for Medium Term Plan 1978-83, 1977 Report 1304

Working Group on Scheduled Castes and Other Backward Classes During Medium Term Plan, 1978-83, 1977 Report 1325

Chairman Index of Committees & Commissions in India,

1947-77, Volumes I to 15 1348

Contents Survey of Committees & Commissions in India,

1947-77, Volumes 1 to 15 1356

43

NATIONAL POLICE COMMISSION, 1977 FOURTH REPORT'

Chairman Shri Dharma Vira, retired Governor

Members Shri N.K. Reddy; Shri K.F. Rustamji; Shri N.S. Saksena; Prof. M.S. Gore

M. Secy. Shri C.V. Narasimhan

Alterations Shri C.V. Narasimhan, former Director of Central Bureau of Investigation, functioned as Member Secretary of the Commission from its inception till 19th April, 1980 when he left to take a posting in his parent cadre in Tamil Nadu-on replacement of his services from the Central-Government to the State Govern- ment. After the departure of Shri Narasimhan, Shri M.D. Dikshit, Principal Director of Research, func- tioned as the Secretary Incharge.

Appointment

Far-reaching changes have taken place in the country after the enact- ment of the Indian Police Act, 1861 and the setting up of the second Police Commission of 1902, particularly during the last thirty years of Independence. Though a number of States have appointed Police Commissions after Independence to study the problems of the Police in their respective States, there has been no comprehensive review at the national level of the police system after independence despite radical changes in the political, social and economic situation in the country. A fresh examination is necessary of the role and perfor- mance of the Police both as a law enforcement agency, and as an institution to protect the rights of the citizens enshrined in the Con- stitution. The Government of India have, therefore, decided to ap- point a National Police Commission. The National Police Commis-

1. Controller of Publications, Delhi, 1981, i + 81 p.

1040 Committees and Commissions

sion was appointed under the Government of India, Ministry of Home Affairs Resolution No. VI-24021/36/77-GPA.I, dated Novem- ber 15, 1977.

Terms of Reference The following will be the terms of reference of the Commission:

(1) Re-define the role, duties, powers and responsibilities of the police with special reference to prevention and control of crime and maintenance of public order.

(2) Examine the development of the principles underlying the present policing system, including the method of magisterial supervision, evaluate the performance of the system, identify the basic weaknesses of inadequacies, and suggest appropriate changes in the system and the basic laws governing the system.

(3) Examine, if any changes are necessary in the existing method of administration, disciplinary control and accountability.

(4) Inquire into the system of investigation and prosecution, the reasons for delay and failure; the use of improper methods, and the extent of their prevalence; and suggest how the system may be modified or changed, and made efficient;scientific and consistent with human dignity; and how the related laws may be suitably amended.

(5) Examine methods of maintaining crime records and statistics and suggest methods for) making them uniform and sys-

‘tematic.

(6) Review policing in rural areas, evaluate any new arrangements that have been made, and recommend changes that are neces- sary.

(7) Examine the system of policing required in non-rural and ur- banised areas including metropolitan areas, and suggest the pattern that would be the most suitable.

(8) Examine the steps taken for modernising law enforcement, evaluate the work of police communications, the computer net-work, scientific laboratories and agencies for research and development, and examine whether modernisation can be speeded up; examine to what extent, as a result of the modern- isation of Police forces, streamlining of its functions and its re-structuring, it would be possible to economise in the man- power in the various areas of its activities.

in India 1977 1041

(9) Examine the nature and extent of the special responsibilities of the Police towards the weaker sections of the community and suggest steps to ensure prompt action on their complaints for the safeguard of their rights and interests.

(10) Recommend measures and institutional arrangements:

(i) to prevent misuse of powers by the police, and to examine whether police behaviour, outlook, responsiveness and im- partiality are maintained at the correct level, and if not the steps such as recruitment and training which should be taken to improve them;

(ii) to prevent misuse of the Police by administrative or execu- tive instructions, political or other pressure, or oral orders of any type, which are contrary to law;

(iii) for the quick and impartial inquiry of public complaints made against the police about any misuse of police powers;

(iv) for the quick redressal of grievances of police personnel and to look after their morale and welfare; and

(v) for a periodic objective evaluation of police performance in a metropolitan area/district/State in a manner which will carry credibility before the public.

(11) Examine the manner and extent to which police can enlist ready and willing co-operation of the public in the discharge of their social defence and law enforcement duties and suggest measures regarding the institutional arrangements to secure such cooperation and measures for the growth of healthy and friendly public-police relationship.

(12) Examine the methods of police training, development, and career-planning of officers and recommend any changes that are required at any time in their service, to modernise the out- look, and to make the leadership of the force effective and morally strong.

(13) Examine the nature of the problems that the police will have to face in the future, and suggest the measures necessary for dealing with them, and for keeping them under continuous study and appraisal.

(14) Consider and make recommendations and suggestions regard- ing any other matter which the Government may refer to the Commission; and

(15) Any other matter of relevance or importance having an impact

1042 Committees and Commissions

on the subject. Contents

Investigation; Court trial; Prosecuting agency; Industrial disputes; Agrarian problems; Social legislation; Prohibition; Summary of ob- servations and recommendations; Appendices I to XV.

Recommendations Investigation

34,1 The major problems of reform as viewed by the Law Com- mission in its Thirty-seventh Report,were:

(a) separation of the judiciary and the executive;

(b) abolition of the jury trial;

(c) simplification of the various categories of trials;

(d) Magistrates in Presidency Towns;

(e) abolition or retention of the ordinary original criminal juris- diction of High Courts;

(f) the law of arrest; and

(g) the duty to give information about offences.

It, therefore, happened that in the above view of the matter, the report of the Law Commission did not adequately deal with several other aspects of procedure which created difficulties for the police while conducting investigations in the field. Compliance of certain provisions in law proved unrealistic and difficult in actual investiga- tions and, therefore, led to the adoption of certain improper methods and practices by investigating officers to meet the requirements of case law as it developed over several years. In the course of our tours in States and discussions with judges, magistrates, lawyers, police officers, general administrations and representative sections of the public, we have identified some aspects of the present procedural law relating to investigations where there is urgent need and ample scope for meaningful reform to make investigations conform to the real situations in the field and help in the expeditious conduct of inves- tigations with minimum inconvenience to persons who may be con- cerned in specific cases as complainants, witnesses or accused per- sons. (Para 27.2)

in India 1977 1043 34.2 Section 154 Cr.P.C. may be amended to—

(i) enable the officer incharge of police station to ascertain ade- quate information from a complainant and incorporate it in the form prescribed for registering First Information Report;

(ii) make it clear that the registration of First Information Report is mandatory whether or not the alleged offence has taken place in the jurisdiction of the police station; and

(iii) facilitate the recording of First Information Report in con- stituent units attached to the police station—for example: police out post or such other reporting centres as may be evolved in due course. (Para 27.6)

34.3. The cadre of investigating officers has to be increased. The police hierarchy has to be re-structured to secure, inter alia, a larger number of officers to handle investigational work. (Para 27.7)

34.4 Provision of adequate transport, strengthening of Forensic Science Laboratory facilities and scientific aids to the detection of crime, the provision of mechanical aids like typewriter and tape re- corders at the police station level, improved supply of printed forms and standardised stationery for documentation and scriptory work and the introduction of computers for the maintenance of crime records as suggested in Chapter XXIV of our Third Report would greatly improve the quality and quickness of investigations. (Para 27.8)

34.5 Section 37 Cr.P.C. may be amended to facilitate the con- duct of identification parades by police themselves as an aid to inves- tigation. (Para 27.9)

34.6 It would greatly help cordial! police-public relationship if the examination of witnesses is conducted, as far as practicable, near the scene of offence or at the residence of the witnesses concerned or at some convenient place nearby. This arrangement might be secured by the issue of appropriate departmental instructions. (Para 27.10)

34.7 It is desirable to make a specific provision in law that when a person is examined by a police officer under Section 161 Cr.P.C. no other person shall, except in the exercise of powers under the law, have the right to be present during such examination. (Para 27.11)

34.8 The Code of Criminal Procedure, 1973 had done away with the procedure of preliminary enquiries by magistrates in cases exclusively triable by a Sessions Court. Before this Code came into force, the procedure envisaged the examination of material witnesses

1044 Committees and Commissions

twice over, once by the Committing Magistrate and later by the Ses- sions Judge. Thus, for the same witness, we would have three sets of statements on record, one recorded by the police during investiga- tion, the second recorded by the Committing Magistrate and the third recorded by the Sessions Judge. It is a basic principle of justice that the findings of the trying judge should be based on what the wit- nesses actually depose before him; but the availability of detailed statements from the same witnesses before anotber forum recorded on an earlier occasion provides scope for arguments based on con- tradictions however, trivial or natural they might be in the cir- cumstances of any particular case. We consider it wholly improper, if not unjust, for the conclusions in judicial proceedings to be largely determined by contradictions in evidence by a mechanical or routine comparison of the statement made separately by the witness before different authorities instead of -by..probabilities flowing from the evidence. The Code of- Criminal Procedure, 1973, has rightly | eliminated on unnecessary stage of recording the detailed statement of a witness by the Committing Magistrate. A further step would be to do away with the detailed recording of statement as made by a wit- ness in the course of investigation, and substitute in its place a revised arrangement in which the investigating officer can make a record of the facts as ascertained by him on examination of a witness. This shift in emphasis from the statement made by the witness to the statement of facts ascertained from the witness would imply that the statement could be in third person in the language of the investigating officer himself. This statement of facts as recorded by the investigating of- ficer would be adequate to assess the evidentiary value of the dif- ferent witnesses and accordingly cite them in the charge sheet, if and when it is laid in court on conclusion of investigation. (Para 27.14)

34.9 When the statement as described above becomes a state- ment of facts as ascertained and recorded by the investigating officer, it loses its significance to serve as an earlier statement made by the witness himself in his own language, and, therefore, the question of using that statement for contradiction or corroboration would not arise. The present provisions in Section 162 Cr.P.C. relating to the restricted use of the statements of witnesses would, therefore, be- come redundant. (Para 27.15)

34,10 A police malpractice brought to our notice is the habit of some police officers to be very cursory in their examination of certain witnesses and then proceed to make a detailed record of the witness’s statement, assuming it to be what they would like it to be in the con-

in India 1977 1045

text of statements of other witnesses already recorded. It is impera- tive that we put down this malpractice to ensure the honesty and cleanliness of investigations. A great measure of credibility could be imparted to the statement of facts as recorded by the police officer after examination of a witness, if we provide in law that a copy of the statement so recorded shall, if desired by the witness, be handed over to him under acknowledgement. A similar arrangement already ex- ists for the delivery of a search list prepared under Section 100 Cr.P.C. to the occupant of the place searched or the person searched. (Para 27.18)

34.11 For giving effect to the revised arrangements proposed above, Sections 161 and 162 Cr.P.C. may be amended on the lines recommended in the Report. (Para 27.19)

34.12 Section 172 Cr.P.C. relating to the. case diary may be amended on the lines indicated in the Report. (Para 27.20)

34.13 Section 100 Cr.P.C. may-be amended to facilitate the ad- mission of search list as a piece of evidence without having to call search witnesses to depose in court, and further to facilitate public servants to function as search witnesses in certain situations. (Para 27.21)

34.14 Section 102 Cr.P.C. may be amended to give greater discretion to the police for releasing seized property. (Para 27.22)

34.15 The police may be required through departmental instruc- tions to initiate appropriate steps immediately after the disposal of a case for the prompt return of the case properly to the person entitled to get it. (Para 27.23)

34.16 A new Section—S0A—may be added to Chapter V of Cr.P.C. requiring the police to give intimation about the arrest of a person to anyone who may be reasonably named by him for sending such intimation, to avoid agonising suspense for the members of his family about his whereabouts. (Para 27.25)

34.17 It is most important for improving police image that the senior officers and the supervisory ranks in the police deem it their special responsibility to put down the practice of third degree methods at the operational level in police stations and elsewhere. Some remedial measures are indicated below:

(i) Surprise visits to police stations and similar units by the senior officers would help the immediate detection of persons held in unauthorised custody and subjected to ill-treatment. Malprac- tices, if any, noticed during such visits should be met by swift

1046 Committees and Commissions

and deterrent punishment;

(ii) A Magistrate or Judge before whom an arrested person is produced by the police for remand to custody should be re- quired by administrative rules of criminal practice to question the arrested person specifically if he has any complaint of ill- treatment by the police, and if he has any complaint the Magistrate or Judge should get him medically examined and take appropriate further action;

(iii) In Chapter X of our First Report, we have already recom- mended a scheme for mandatory judicial inquiries into com- plaints of death or grievous hurt caused while in police cus- tody. Such an arrangement would itself act as an effective check against the continuance of third degree methods in police work;

(iv) Supervisory ranks, including the senior levels of command in the police and the Government, should strictly eschew a purely statistical approach while~evaluating police perfor- mance. Any administrative review of a kind which is likely to induce the subordinate ranks to adopt ad hoc and short-cut methods to show results should be avoided. Adequate em- phasis should be laid on the honesty and cleanliness of inves- tigations and the 2doption of proper methods while handling all the connected work; and

(v) Training institutions should pay special attention to the development of interrogation techniques and imparting effective instructions to trainees in this regard. (Para 27.26)

34.18 We are convinced that if the average police officer is as- sured of adequate time and facility for patiently examining an ac- cused person and pursuing the examination from point to point through a process of simultaneous verification of facts mentioned by the accused, it would facilitate a proper examination of the accused person without resort to questionable methods involving pressure tactics. This would become possible if the police can secure the remand of an arrested person to police custody for a few days under orders from a Magistrate. When the accused remains in police cus- tody under specific orders from a Magistrate, the scope for using third degree methods while interrogating him in such custody would get greatly reduced since he would be liable for production before Magistrate on expiry of the brief custody. In the light of the present phraseology of Section 167 Cr.P.C., some conventions and practices

in India 1977 1047

have developed in several States for the Magistrates not to grant police custody unless the Investigating Officer pleads that the accused has already made a confession and his continued custody with the police is necessary to take him from place to place and recover property. This peculiar requirement of convention and prac- tice drives police officers to make false statements before the Magistrate while in fact the accused would not have made any such confession and they would merely be requiring to verify several facts mentioned by him and continue with his examination. Existing sub- sections (3) and (4) of Section 167 which imply that remand to police custody should be exceptional may, therefore, be deleted and a new sub-section (3) may be added to facilitate remand to police custody in the interest of investigation whenever required. (Para 27.27)

34.19 Section 167 Cr.P.C. may be amended on the lines sug- gested in the Report to facilitate remand by Executive Magistrate in certain specified situations. (Pata 27.28)

34.20 Sections 2 Cr.P.C. may be amended on the lines indicated in the report to facilitate the establishment of special police stations to deal with particular cases or classes of cases. (Para 27.32)

34.21 Section 26 and 27 of the Evidence Act may be deleted and section 25 of the same Act may be substituted by a new section as recommended in the Report to facilitate the proof of a confession re- corded by any person in authority (including the police) in the course of any judicial proceedings, against a person making the confession, not to be used as an evidence against him but to be taken into con- sideration by the court to aid it im an inquiry or trial in the manner provided in Section 30 of the same Act and section 172 Cr.P.C. (Para 27.33)

34.22 The comprehensive amendments in procedural law and Evidence Act as proposed above would not by themselves bring about noticeable improvement in the quality of investigations unless the supervisory ranks in the police hierarchy pay adequate attention to the detailed supervision over the progress of individual investiga- tions, The quality and quantum of supervisory work done in regard to crime investigations as distinct from mere ad hoc maintenance of public order from day to day on a ‘somehow basis should be care- fully assessed for each supervisory rank and taken due ncte of for his career advancement. (Para 27.35)

Court Trial 34.23 The disposal of cases in courts has not kept pace with the

1048 Committees and Commissions

institution of fresh cases for trial year after year with the result that the entire judicial machinery has got clogged up and the protracted disposal of cases has diluted the desired deterrence on the criminal elements in society. (Para 28.1)

34.24 Protracted proceedings in courts followed by acquittal in heinous crimes tend to generate a feeling of confidence among the hardened criminals that they can continue to commit crimes with im- punity and ultimately get away with it all at the end of leisurely and long drawn legal battles in courts which they can allow their defence counsel to take care of. Such a situation is hardly assuring to the law abiding citizens and needs to be immediately corrected by ap- propriate measures even if they should appear drastic and radical. (Para 28.3)

34.25 The Law Commission in its Seventy-seventh Report (November, 1978) has dealt with the problem of delays in court trials and made some recommendations to improve matters. These recom- mendations relate mostly to/;administrative measure including super- vision and inspection by the judicial hierarchy. Some changes in law have also been suggested but they appear peripheral. The entire philosophy and procedural conduct that attend the present working of the legal system, particularly in regard to court trials, would need a detailed examination for revamping the system to make it conform to the expectations of the common people-to secure speedy and in- expensive justice which would appear meaningful and effective in their daily lives. There is obvious scope and need for cutting down a lot of rituals and imparting a sense of commitment and urgency to the participants in judicial proceedings to secure the ultimate objec- tives of rendering justice to society as well as to the individuals con- cerned. We, as a Police Commission, are aware of some require- ments of reform viewed from the angle of Investigating Officers and the prosecuting agency, but the sweep of reforms in the legal system has to be much wider and cover several other areas in which the lawyers and judges have a prominent role to play. It is beyond our present scope and competence as a Police Commission to go into the wider aspects of legal reform but we would urge and recommend that an appropriate body might be asked by the Government to go into this matter. We would further urge that functionaries from the police and Correctional Services might be associated with the deliberations . of this body to ensure a comprehensive look at the entire scheme of things and identify the requirements of reform. (Para 28.4)

34.26 While the reforms that may emerge from the deliberations

in India 1977 1049

of a body as suggested above might meet the long term requirements of the current situation of judicial stagnation, we feel there is ample scope for some immediate changes in law which might relieve the present stagnation and help the judicial machinery to start rolling smoothly for the dispensation of justice. The reforms we have in mind are intended to:

(i) reduce the institution of fresh cases in courts year after year; (ii) withdraw old cases from courts according to some accepted norms; and (iii) expedite the disposal of pending cases by simplifying the pro- cedures. (Para 28.5)

34.27 The institution of Gram Nyayalayas as proposed in Chap- ter XVI of our Second Report would be a positive step for reducing the input of fresh cases for trial in regular courts. (Para 28.6)

34.28 The adoption of a ‘ticketing system’ for on-the-spot dis- posal of traffic offences would also help in reducing the input of an appreciable volume of cases for trial in courts. (Para 28.7)

34.29 Section 173 Cr.P.C. may be amended to facilitate the com- pounding of certain types of cases even at the stage of investigation. (Para 28.8)

34.30 The decision to launch prosecution should be based on a proper assessment of the evidence available and generally speaking, prosecutions should not be launched unless the evidence warrants a reasohable expectation of conviction) (Para 28.9)

34.31 There should be a periodic review at the district level of every police case pending in court for more than one year from the date of filing chargesheet and a decision should be taken whether it would be in public interest or in the interest of justice to pursue the prosecution or whether the case may be withdrawn. Some possible criteria for deciding this matter are furnished in the Report. (Para 28.10)

34.32 There is need for establishing some norms for the disposal of criminal cases by Magistrates and Sessions Judges and increasing the number of courts accordingly. A Committee with members drawn from the judiciary and the prosecuting staff may be set up by the High Court in each State for evolving these norms, having regard. to local conditions. (Para 28.12)

34.33 The progress of court trials gets blocked by a variety of reasons, some of which are correctible by administrative measures

1050 Committees and Commissions

and some are relatable to the general attitude and approach shown by the prosecuting staff, defence counsel and the Presiding Magistrate/Judge. We have known of badly delayed trials arising from causes like non-appearance of witnesses, lack of preparedness of the prosecuting or defence counsel to get on with the day’s work in court, frequent adjournments granted on the slightest move for adjournment, prolonged cross-examination without regard to its relevance or need, taking unduly long time for perusing records or otherwise getting prepared for the case at different stages of trial, etc. We feel that several of these causes may be eliminated, if the Presid- ing Magistrate/Judge adopts a positive approach to the daily proceedings in every case and adequately uses his powers under the Criminal Procedure Code and Section 165 of the Indian Evidence Act for expeditious disposal of the case. There is need for evolving a scheme of inspections at the level of High Court as well as Sessions Courts to ensure the business-like functioning of the subordinate courts. (Para 28.13)

34.34 A whole time functionary of the rank of a senior District and Sessions Judge who is qualified for appointment as High Court Judge may be attached to each High Court to inspect the district courts periodically. A similar functionary of the rank of Additional Sessions Judge may be entrusted with inspections at the district level. (Para 28.13)

34.35 The inspecting arrangement proposed above should also ensure the availability of adequate staying facilities for the witnesses and others who participate in court proceedings. The dissatisfaction of the public with the woeful lack of such facilities in court gets reflected in their hostile and critical attitude to the police whom they view as their first point of contact with the criminal justice system and whom they are in a position to criticise more freely and sharply than they can in regard to matters inside the court hail which, in their view, are protected by the legal rituals and formalities which pass of as part of the majesty of law. (Para 28.14)

34.36 The allowances payable to witnesses for their attendance in court should be fixed on a realistic basis and their payment should be effected through a simple procedure which would avoid delay and inconvenience. (Para 28.15)

34.37. There is obvious scope for appointing a larger number of Special Magistrates under Sections 13 and 18 Cr.P.C. specially for dealing with cases under local and special laws. (Para 28.16)

34.38 It would make for a much quicker disposal of several cases

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if the summary trial procedure is made mandatory for the offences specified in Section 260 Cr.P.C. and for this purpose we recominend that the words ‘may, if he thinks fit’, appearing in the aforesaid sec- tion be substituted by the word "Shall". (Para 28.17)

34.39 All First Class Magistrates, Special Judicial Magistrates and Special Metroplitan Magistrates may be empowered to act under the above mentioned sector, without necessarily having to be spe- cially empowered by the High Court, as prescribed now. (Para 28.18)

34.40 It has been brought to our notice that in the system of reviewing the work done by Magistrates, the disposal of cases under the summary trial procedure is not given credit by the High Courts in certain States. We would recommend appropriate value being given to the volume of work handled under Section 260 Cr.P.C. also while assessing the performance of a Magistrate. (Para 28.19)

34.41 State Governments may avail the provisions of Section 206 Cr.P.C. as recently amended and notify_all the Magistrates including Special Magistrates and Special. Metropolitan Magistrate as em- powered under this section., The: maximum amount of fine that can be imposed under this section may be increased to Rs. 500 from the existing Rs. 100. (Para 28.20)

34.42 Section 294 Cr.P.C. ‘requires the prosecution or the ac- cused to admit or deny the genuineness of documents as and when they are filed in court. The same principle may be incorporated in a separate section in Chapter XIX of Cr.P.C, to enable the court to ask the accused before framing the charge as provided in Section 240 Cr.P.C. whether the accused accepts any part of the prosecution evidence as furnished in the documents supplied under section 207 Cr.P.C. (Para 28.21)

34.43 Sections 291, 293 and 296 Cr.P.C. may be amended on the lines indicated in the Report to facilitate easy proof of evidence of medical officers and other experts. (Para 28.23)

34.44 Section 256 Cr.P.C. may be amended to make it inap- plicable to cases in which a public servant figures as the complainant in his capacity as public servant. (Para 28.24)

34.45 Section 321 Cr.P.C. relating to withdrawal of cases from Courts and Section 397 Cr.P.C. may be amended on the lines indi- cated in the Report to provide for the following:

(i) Having regard to the fact that the withdrawal of a case may have to be decided sometimes with reference to the apprecia- tion of a local public order situation by the executive authority,

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it would be necessary to retain the power of the Government to initiate action for the withdrawal of a case. The Public Prosecutor should be empowered in law to act under direc- tions from the Government for this purpose;

(ii) The application for withdrawal should mention in detail the reasons for the proposed withdrawal;

(iii) The court should be satisfied that the withdrawal would be in the interests of public order or justice;

(iv) The court’s order should incorporate the reasons for according the permission for withdrawal; and

(v) Any member of the public should have the facility to go in ap- peal against an order passed by the court permitting withdrawal of the prosecution in any specific case. (Paras 28.29, 28.30 and 28.31)

34.46 Important cases, i.c., cases-triable by a Court of Session, which are withdrawn during a year in accordance with the principles detailed above, shall be mentioned in the Annual Report on the per- formance of the State police presented to the Legislature by the State Security Commission as suggested in paragraph 15.48 of our Second Report. (Para 28.32)

34.47 The National Institute of Social Defence under the Minis- try of Social Welfare at the Centre may-take appropriate steps to evolve norms of workload for Probation Officers. They may also con- sider evolving a suitable model-of career structure for the personnel in the probationary services which would help them rise to higher levels of responsibilities including appropriate positions in the ad- ministration of jails and other corectional homes. It should be pos- sible to evolve a unified career structure to cover all such institutions within each State. (Para 28.34)

34.48 Section 13 of the Probation of Offenders Act enables even a private individual or a representative of a privately organised society to function as Probation Officer. It is seen that very few States have involved private agencies in this work. State Government’s at- tention may be drawn to this aspect of the matter and they may be advised in involve volunteer social welfare agencies in a much greater measure in implementing the Act. (Para 28.35)

34.49 A procedure may be prescribed for the investigating police officer to collect some information and data relevant to probation work even at the stage of investigation of any specific case, and refer to them in appropriate columns in the charge-sheet prescribes under

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Section 173 Cr.P.C. The actual headings of these columns may be determined in consultation with experts in the field of correctional services. Availability of this information in the charge-sheet itself would help the court to apply its mind to this aspect of the matter at a later stage during trial. (Para 28.36)

34.50 The Children Act provides for even private institutions to function as Children’s Home, Observation Home, Special Schools and After-care Organisation, but the involvement of volunteer social welfare agencies in fulfilling this purpose appears insignificant now. The attention of State Governments may be drawn to this matter for appropriate corrective action. (Para 28.38)

34.51 Juvenile Crime Squads may be established in urban areas to handle investigational work in a much more substantial manner than at present so that the police officers working in these squads may function after proper orientation and briefing and deal with all crimes involving juveniles. Crimes in which juveniles figure along with adult criminals may have to be dealt with by the regular police in the normal course, but even in their cases the Juvenile Crime Squad may keep itself informed of the background and circumstances in which the juvenile criminal came to be involved in the case. (Para 28.39)

34.52 An adult who is proved to have organised a gang of juvenile criminals or otherwise abetted the commission of crime by a juvenile should be held punishable under a separate section to be added to Chapter V of the Indian Penal Code which should provide for a more severe punishment than that stipulated for the main crime by the juvenile. The new section may also provide for the mandatory award of a minimum punishment, except for special reasons to be re- corded by the Court. (Para 28.40)

34.53 While the Advocates Act clearly specifies the role and responsibility of a lawyer towards his client, there does not appear appropriate emphasis on the lawyer’s role for the overall dispensa- tion of justice to society. A lawyer’s responsibility towards his client has to be discharged within the framework of the overall require- ments of justice to society. Any lawyer who deliberately adopts dilatory tactics to prolong the proceedings in court is doing some- thing against the interest of quick dispensation of justice to society. Similarly the conduct of any lawyer in becoming a party to the initia- tion of vexatious or malicious prosecution has to be viewed blameworthy from the point of view of justice to society. (Para 28.41)

34.54 The Bar Council of India may get this aspect examined and

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evolve some