Hyderabad: Expressing serious concern at dreaded criminals managing to get away by exploiting loopholes, the Hyderabad High Court has felt that it’s time the state overhauls the whole criminal law.
A division bench comprising Justice C.V. Nagarjuna Reddy and Justice J. Uma Devi was quashing an order passed by Hyderabad police commissioner for detention of Chirraboina Krishna Yadav @ Golla Kittu under the Prevention of Detention Act 1986.
The bench noted that “though the detention order referred to as many as 30 cases, the commissioner has relied upon only two criminal cases. If the detenu has been committing offences on a regular basis, we wonder as to why the state is unable to secure his conviction.”
The bench found that the detenu not being convicted in any of several cases he was charged with gives rise to a presumption that either the cases were falsely registered against him or that the state is not able to secure his conviction due to inefficiency of investigation and prosecution agencies.
The bench made it clear that the state cannot find an easy way out by choosing to invoke the draconian provisions of preventive detention laws against every criminal as a substitute for his prosecution.
The bench reminded that the Supreme Court has drawn a clear distinction between disturbance to public order on one side and disturbance to law and order on the other and held that only in the former case was the state permitted to invoke the powers under the preventive detention laws.
The bench said, “In this context we think a little digression from the subject proper is necessary. The state must device a method to rein in chronic and hardcore criminals and ensure that they are punished under ordinary criminal laws by strengthening the investigation and prosecution systems.”
The bench pointed out “paradoxically, while easily letting them off under the ordinary criminal laws, the state is resorting to invocation of preventive detention laws, painting the very same accused as goondas and dreaded criminals.”
The bench said “We feel that it’s time that the state overhauls the whole criminal law enforcement system by plugging the huge gaping holes. The state must have efficient and scientifically trained police officers for investigation of cases.”
The bench suggested that “it must also select and appoint efficient, knowledgeable and honest lawyers as Public Prosecutors, without being guided by extraneous factors, such as the individual’s allegiance to the powers that be etc., in order to strengthen prosecution agency.”
