Observing that speedy investigation and trial is required for an effective criminal justice system, the Madras high court directed the higher officials to monitor the investigations periodically and guide the investigation officers to complete the investigation within a stipulated time.
The court said that the higher officials are also expected to sensitise the investigation officers about provision under Section 167(2)(a) CrPC which enables hard core criminals to come out on statutory bail, due to delay in investigation.
The court was hearing a petition filed by KK Ramesh, who sought to constitute special courts to deal with rowdy elements in all the districts and sought to file a final report against rowdy elements within 30 days.
Rejecting the relief sought for by the petitioner, a division bench of Justices N Kirubakaran and B Pugalendhi observed that the state government had enacted the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirate Act, 1982.
The Judges said that by invoking the Act, the persons having bad antecedents are detained as Goondas and in fact, Tamil Nadu is the state where more detention orders have been passed against rowdy elements.
The judges noted that the police also have a mechanism to monitor the rowdy elements by opening a History Sheet as per Police Standing Order 746. By opening the history sheet, the police are closely monitoring the activities of the history sheeters.
The judges observed that while this being the position, we are of the view that there is no necessity for a special court to deal with rowdy elements.
The judges observed that it appears the petitioner is not having any knowledge with regard to requirements of a final report such as postmortem report, serological report, chemical analysis report, forensic report, depending on the nature of offence.
In fact, the cooperation of other departments such as the forensic, medical and prosecution are very much essential for an investigation officer to complete the investigation and to file the final report, observed the judges.
The judges observed that when CrPC itself prescribes a procedure and a time limit for filing the final report, this court cannot entertain the petition on this relief sought to file a final report against rowdy elements within 30 days.
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