The Delhi High Court today asked the city police to take a liberal view against its officers who are currently facing departmental proceedings for delay in filing appeals in criminal cases, observing that the policemen alone were not responsible for exceeding the statutory period of 90 days.
A special bench headed by Justice Kailash Gambhir passed the order after observing that delays in filing appeals in a time-bound manner have occurred not merely due to the police but also the law department, standing counsels and the prosecution branch of the city government.
The court also observed that since a circular has been issued to streamline the process of filing appeals in a time- bound manner, a liberal view can be taken against those facing departmental proceedings currently.
According to the latest circular, filed through Delhi police standing counsel Saleem Ahmed, the Directorate of Prosecution has to apply for certified copy of the judgment within three working days of its pronouncement and thereafter, process and clear the file within 12 working days from receipt of the verdict.
Then the law department has to analyse and clear the file within 14 working days and it is sent to the LG for his approval if an appeal is recommended.
The circular has also stated that the Director of Prosecution shall file a fortnightly report with the law department regarding cases referred for appeal and the standing counsels too shall file fortnightly reports with respect to number of appeals received and filed.
It has also said that the Director of Prosecution and the standing counsel shall on a monthly basis check if the timelines are being adhered to and shall take appropriate action in case of default.
The court was hearing a bunch of petitions in which the delay for filing an appeal against the trial court's decision exceeded the statutory period of 90 days.
