Taking note of the high percentage of acquittals in criminal cases, including crimes against women, children and senior citizens, Delhi High Court today said it either reveals "shoddy or botched-up investigation" or that the wrong person was accused of committing the offence.
Referring to the "revealing statistics", a bench of justices Badar Durrez Ahmed and Sanjeev Sachdeva said in either case "fault lies at the feet of criminal investigation" and that is why the court has been stressing on the need for bifurcation of criminal investigation from law and order as well as employing scientific methods for probe.
The bench said this is why it has been directing the Central government to increase manpower in police and the Delhi government to set up more forensic labs.
"Unfortunately, the governments of the day do not realise the importance and significance of these directions," the bench said and added that "each government was trying to put a blockade before the other and it is the citizens who go for a six".
"They (government) are not concerned that life and liberty are at risk. Why should we be concerned? We are completely disappointed," it said and warned "but we are not powerless. We do not want to, but we can do things".
The bench, however, "once again requested" the Centre and the Delhi government "in the interest of citizens of the city and on their behalf" that they may consider directions given by the court from time to time to improve investigation and law and order in the city.
"Each government has its separate and distinct responsibilities which they must honor," the court said and listed the matter on May 18 to enable them to come with concrete proposals.
The court also directed the Delhi government to file a status report with regard to the backlog of samples which are yet to be tested at the forensic labs here.
The report will also have to indicate the turn around time for testing samples, where the samples are stored, number of samples tested during the last three years at each lab and the capacity of each lab individually and together.
Delhi police was also asked to file a status report indicating the number of cases set up for trial in the last five years and also those among them where samples had to be tested in laboratories.
The strong observations from the court came after it
perused the statistics provided by Delhi police, an affidavit from the central government on issue of increasing manpower in the force and the submission of the city government that it was not in favour of increasing the number of forensic labs and instead was going to ensure that those which are already functional should work more efficiently.
As of now there are only two functional forensic labs in Delhi at Chanakyapuri and Rohini and the backlog of samples is over 8000. A report from these labs is received only after 3-4 years, the court was informed.
The Centre in its affidavit said that Delhi police had forwarded majority of its proposals for manpower directly to the MHA "without any scrutiny or recommendation of the Administrator and thus a high level committee has been set up to take a holistic view regarding manpower requirement".
The court equated this development with the game of "snakes and ladders", saying "you take it to square 99 by using ladders and then the snake bites and you are back to square one".
During the hearing, the court made clear its displeasure with how things were progressing by saying that every time the issue "moves five feet", some bureaucrat would come and say that some rule was not followed and "we go back 20 feet".
"They (bureaucrats) say let the court go on with its merry dance and then we will go and pull it (court) down. Bureaucrats are not interested in the people. Bureaucrats and the elected representatives are dancing to each other's tune," the bench said.
It asked "how do you justify to an accused that forensic report will come in four years?" and further questioned "why do we need so many cops? They are not doing their work anyway. We only need a Commissioner of Police and everyone else can go. No one is doing their jobs as crimes like rape and murder are still being committed".
"We can put a placard here saying game over. It is a hopeless situation," it added.
The data filed by Delhi police show that of the 14270 criminal cases decided by the sessions court between January 1, 2011 and December 31, 2015, 61 per cent were acquittals. In Delhi High Court the percentage had increased to 81 per cent.
With regard to crimes against women, percentage of acquittals in sessions court was over 71 per cent and over 84 per cent in the Delhi High Court, as per the police affidavit.
Similar trends were seen where victims were senior citizens and children, the court observed during the hearing.
The court was hearing a PIL initiated by it after the December 16, 2012, sensational gangrape case, in which it has been periodically giving directions with regard to improving crime investigation and protection of women.
