SIC asks PHQ to apprise it about Steps taken in Compliance of Apex Court Order

Fixing Responsibility of Police, Prosecuting Officers

Jammu,24/July/2015: The Jammu and Kashmir State Information Commission has asked the Police Headquarters to apprise it about the steps being taken in compliance with the Supreme Court decision in the case titled ‘ State of Gujarat Vs Kishanbhai ’.

Taking cognizance of a complaint filed before the Commission by RTI activist Raman Sharma, the Chief Information Commission GR Sufi has asked registry of the Commission to issue notices to the Director Prosecution Police Headquarters, Public Information Office of the PHQ to appear before the commission on 28/07/2015  along with relevant file and to apprise the commission about the steps being taken in  compliance with Supreme Court Decision in case of State of Gujarat Vs. Kishanbhai.

Earlier, information seeker Sharma had filed a complaint case before the commission alleging that the J & K Home department has failed to provide him the above stated information despite lapse of the stipulated period of time.

In this case titled State of Gujarat Vs. Kishanbhai, the Supreme Court of India on 01/01/2014 had issued various directions to the Home Secretaries of all States and union territories to formulate a procedure for taking action against erring investigating/Prosecution officers on whose lapse a criminal case is culminated in acquittal.

Further the Court judgement states  “ A finding needs to be recorded in each case, whether the lapse was innocent or blameworthy and each erring officer must suffer the consequences of his lapse, by appropriate departmental action, whenever called for. Taking into consideration the seriousness of the matter, the concerned official may be withdrawn from investigative responsibilities, permanently or temporarily, depending purely on his culpability”.

The two-judges bench in this case has also noted “ We also feel compelled to require the adoption of some indispensable measures, which may reduce the malady suffered by parties on both sides of criminal litigation. Accordingly we direct, the Home Department of every State Government, to formulate a procedure for taking action against all erring investigating/prosecuting officials/officers. All such erring officials/officers identified, as responsible for failure of a prosecution case, on account of sheer negligence or because of culpable lapses, must suffer departmental action. The above mechanism formulated would infuse seriousness in the performance of investigating and prosecuting duties, and would ensure that investigation and prosecution are purposeful and decisive. The instant direction shall also be given effect to within 6 months”.