Don’t file chargesheet without prosecution nod, HC tells police

The Delhi High Court has directed the city police to ensure that no chargesheet is filed in any case without the written consent and approval of the prosecution branch.

A Bench of Acting Chief Justice Gita Mittal and Justice C. Hari Shankar said, “Appropriate directions shall be passed by the Commissioner of Police, Delhi, and communicated to all investigating officers”.

The High Court was hearing a case initiated by its own on the issue of women prisoners lodged in Tihar jail number 6, pursuant to a letter written by Supreme Court judge Justice Kurian Joseph in June 2015 to the Chief Justice of the Delhi HC.

Justice Joseph had then highlighted that 412 of 614 women prisoners detained are undertrial prisoners and many are languishing in jail without trial for a very long period. He further stated that 32 children of the undertrial prisoners are also forced to stay in the prison along with their mothers.

Undertrial inmates

Following the letter, the HC issued a series of directions with regard to grievances of undertrial prisoners who remained in jail for more than six months even in respect of simple offences.

The High Court has taken the assistance of Aparna Chandra and Professor Mrinal Satish regarding bail-related issues pertaining to women prisoners. After perusing their reports, the Bench said, “The report is based on examination of the reports of the prisoners with extremely pertinent issues, pointing out 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,” it added. The HC directed the report to be forwarded to the Director of Delhi Judicial Academy for training programmes of all judges in the district judiciary.