Law drags its feet in the name of time taken to gather evidence

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TR. Madhavan

28 February, 2011

As per current law there is no time limit to file the charge sheet by the police department before courts. In most cases this is advantageous for both the complainant and police. In most of the case innocents are harassed beyond limit.

MIDDLE-CLASS law-abiding citizens are often suffer mental agony, depression, harassment and financial problems due to certain loopholes in the law as well as due to corruption.

For instance it has come to light that two persons have been the victims of a false private criminal complaint lodged by a builder of apartments without any proper evidence before the court, and the case registered under sections 419, 420, 469, 448 and 506 R/w. 34 IPC to scuttle the ongoing legal process, and using the threat of having a police force to force a compromise.

The matter was brought to the notice of the State Human Rights Commission. Hon’ble Commission, which has issued a notice to a senior police official to investigate and report.

But as suspected, the Inspector of Police, allegedly, has not conducted a proper investigation and presented a casual and biased report through his immediate senior official to the respected Hon’ble Human Right Commission.

The FIR was filed in July 2010, and is still under investigation and evidence is being collected.

The investigating official says that, the complainant is not responding to his call to submit his side of evidence to prove that his allegations are true.

Six months have passed and the complainant is unable to prove charges against the respondents's false and baseless allegations.

We doubt the integrity of the police official who submitted biased report to the Hon’ble Commission, without taking into consideration the necessary evidence.

They are filing the reply before the Hon’ble Human Rights Commission on the next date of hearing, hoping getting relief.

As such, in these types of cases, there is no specific time limit mentioned in the law to file the charge sheet. We are of the opinion that this loop hole has been advantageous to both (the official and the complainant).

In the name of collection of evidence the official is taking his own time to file the charge sheet. The attitude of the official has given advantage to the complainant to buy the witness against so that, the charge sheet to be filed will be in his favour (the complainant).

While issuing bail orders the Hon’ble Judges do put some restrictions on the bail applicant. Often, we find that, there are no restrictions of orders issued on time limit for submission of collection of evidences and filing the necessary charge sheet for or against.

The Hon’ble Court should look into the issue and bring in some strict guidelines so that the cases of the above nature are expedited at the earliest without wasting time of the courts.