Delhi HC: No Charge Sheet to be Filed without Consent from Prosecution Branch

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April 16, 2018

In a recent case, wherein the Delhi High Court took a suo motu cognizance of the case, the Court headed by Acting Chief Justice Gita Mittal has directed that the Delhi Police shall ensure that no charge-sheet is filed in any case without the written consent and approval of the Prosecution Branch.

In the case Dr. Aparna Chandra and Prof. (Dr.) Mrinal Satish had filed a report highlighting the bail related issues pertaining to Jail No.6, Central Jail, Tihar, which houses women prisoners. The report was largely based on the examination of the reports of the prisoners with issues like the violation of first principles of criminal law. Non-compliance of express provisions and established principles of law by binding judicial precedents is made out with regard to proceedings in Trial Courts.

The report inter alia points to such cases wherein the accused has been tried for the offence punishable under Section 307/34 IPC and has been in judicial custody since 25th June, 2014; has applied for bail seven times and all 7 applications have been rejected mainly on the grounds of serious offences. It has been pointed out in the Report that the accused is entitled to bail in view of the fact that trial has continued against her for more than 2 years[1].

In view of such flagrant violations of law, the Delhi High Court has directed the Delhi State Legal Services Authority (DSLSA) to take steps in accordance with law at the earliest.

The Delhi High Court has also directed the Delhi Police to ensure that no charge-sheet is filed in any case without the written consent and approval of the Prosecution Branch and to issue appropriate directions in this regard to all the investigating officers.

The matter has been next listed for hearing on May 01, 2018.

The entire case can be accessed here.

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[1] R. D.Upadhyay v. State of Andhra Pradesh, (1996) 3 SCC 8422