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Karnataka High Court · body

2016 DIGILAW 824 (KAR)

Sanjay Goel v. State of Karnataka

2016-11-05

A.N.VENUGOPALA GOWDA

body2016
ORDER : 1. Long delay in investigation of cases by the Police and their prosecution in the criminal Courts having been noticed in several petitions filed under Section 482 Cr.P.C. seeking quashing of the proceedings particularly on the grounds that; (i) allowing the proceeding to continue any longer would result in miscarriage of justice; (ii) the accused are entitled to right of speedy trial flowing from Article 21 of Constitution, and in view of the fact that on account of delay the evidence gets eroded or even disappears and for various reasons the witnesses do not support the prosecution, which would result in not only the suffering of criminal justice system and public interest also leading to rise in crime rate on account of not subjecting the alleged offenders for early trial, which being not conducive to the rule of law, directions were issued in exercise of the power under Section 482 Cr.P.C. and by taking note of the observation made by the Apex Court in the case of Imtiyaz Ahmad v. State Of U.R And Others, (2012) 2 SCC 688 , which reads as follows: "25. Unduly long delay has the effect of bringing about blatant violation of the rule of law and adverse impact on the common man s access to justice. A person's access to justice is a guaranteed fundamental right under the Constitution and particularly Article 21. Denial of this right undermines public confidence in the justice delivery system and incentivises people to look for short cuts and other for a where they feel that justice will be done quicker. In the long run, this also weakens the justice delivery system and poses a threat to the rule of law. " (Underlined by me for emphasis) 2. In pursuance of the directions issued and the statements filed by the Learned Addl. SPP it was found that large number of cases are pending for investigation for more than four years' period. 3. In Manohar Lal Sharma v. Principal Secretary, (2014) 2 SCC 532 , Apex court has held, that what is crucial for investigation is that it should conclude expeditiously from the point of view of all concerned. Relevant Portion Of The Judgment Reads As Follows: "81.........from the point of view of the accused, a quick conclusion to the investigation will clear him name and image in society if he is innocent. Relevant Portion Of The Judgment Reads As Follows: "81.........from the point of view of the accused, a quick conclusion to the investigation will clear him name and image in society if he is innocent. This is certainly of considerable importance to a person who has been wrongly accused or framed for an offence; from the point of view of society, a quick closure to investigation is necessary so that those against whom there is evidence of the commission of a crime are tried at the earliest and punished if they are guilty. This, so far as society is concerned, is essential for maintaining the rule of law: and from the point of view of the investigator, an expeditious conclusion of investigations is necessary because greater the delay, greater the chances of evidence being destroyed, witnesses being compromised or the accused being able to manipulate circumstances to his or her advantage." (Underlined by me for emphasis) In view of the above, to overcome the delay in investigation and prosecution of the criminal cases, suggestions were invited as per the Order passed on 09.10.2015. 4. By an Order dated 19.01.2016, taking note of the observations made by the Apex Court in the cases of (i) Noor Mohammed v. Jethanand, (2013) 5 SCC 202 , (para Nos. 24, 25 and 26), (ii) Manohar Lal Sharma v. Principal Secretary (supra), (para 81) and Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291 , (para 17), diligent steps was directed to be taken by the Police and the Prosecution Departments in the matter of finalization of the pending cases. From the data given by the District Courts it is apparent that in about two lakh cases/FIRs, final reports have not been submitted by the Police, which means the cases must be still under investigation. It was found that main reason for the delay in investigation of criminal cases was on account of the large number of posts in different cadres of the Police Department having not been filled. It was found that there was inordinate delay in undertaking and also the finalisation of the recruitment process over long periods of time. To know the vacancy position and need for issue of directions, if any, the particulars relating to the sanctioned cadre strength and vacancy position in the Police Department being necessary, Learned Addl. It was found that there was inordinate delay in undertaking and also the finalisation of the recruitment process over long periods of time. To know the vacancy position and need for issue of directions, if any, the particulars relating to the sanctioned cadre strength and vacancy position in the Police Department being necessary, Learned Addl. SPP was instructed to make available the cadre wise factual position. 5. One of the responsibilities of the Police force is protection of life, liberty and properties of citizens. Lord Denning, in his Book, 'The Due Process of Law' first Indian re-print 1993, P. 102, has described the role of Police thus : "In safeguarding our freedoms, the police play a vital role. Society for its defence needs a well-led, well-trained and well-disciplined force of police whom it can trust: and enough of them to be able to prevent crime before it happens or if it does happen, to detect it and bring the accused to justice." (Italicised for emphasis) 6. By an Order dated 20.04.2016 the Government was directed to make a realistic assessment of strength of Police force from time to time, to safeguard the freedoms of the citizens which includes the life, liberty and secure the property including the public property. Affidavit of the ADGP (Recruitment and Training) filed pursuant to the order disclosed that large number of vacancies in almost all the cadres of the Police Department have remained unfilled. It was also found that the incidents which occurred in Bengaluru City on 18th and 19th, April, 2016 was on account of inadequate presence of the Police force. 7. The Government was reminded that the resource crunch or inadequacy of infrastructure should not be an impediment in enforcement of law and order and that the Government should take immediate measures to fill the vacancies in the Police Department. Action plan to fill the vacancies in all the cadres of the Karnataka Police Department was directed to be submitted. 8. On 23.04.2016, the statistics submitted with regard to the strength of the Police force in the State made it apparent that there is more than 25% vacancies and even by taking note of the ongoing recruitment process, the vacancy position would not go down below 20%. 8. On 23.04.2016, the statistics submitted with regard to the strength of the Police force in the State made it apparent that there is more than 25% vacancies and even by taking note of the ongoing recruitment process, the vacancy position would not go down below 20%. It was felt that the Society for its defence needs a well trained and well equipped Police force, so that the Police can be able to prevent crime before it happens or if accidentally happens, to detect and bring the culprits to justice without any loss of time, so that, there shall not be re-occurrence of such incidents. As it was felt that the Police force have a vital role in safeguarding the freedoms of the citizens and as such, there is obligation on the part of the Government to operate the Police force as per its sanctioned strength, further directions were issued. 9. On 27.04.2016, from the data furnished by the Learned Addl. SPP, it became clear that State of Karnataka is behind some of the other States with regard to number of Police per lakh of population as, in the State of Karnataka the number of personnel is 106.04 as against the sanctioned strength of 154.34 per lakh. It was found that in certain years, no direct recruitment to some cadres in the Police Services has taken place and that the recruitment made in certain years was also minimal and did not even match the vacancies which arose during the relevant years. It was found that in certain years, no direct recruitment to some cadres in the Police Services has taken place and that the recruitment made in certain years was also minimal and did not even match the vacancies which arose during the relevant years. The following Table depicts the recruitment made to the various Cadres in the Police Department from 2002 onwards:- SUB-INSPECTORS YEAR 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 PSI (Civil) 324 - 279 264 - - 320 - - - - 165 46 WPSI - - 27 33 - - 40 - - - - 47 - INS-PSI 36 - 31 33 - 40 - - - - 21 - - SPL-PSI (CIVIL) - 200 - - - - - - - - - - - RSI (CAR/DAR) 54 - - 4 90 - - - - - - 49 64 INS RSI 6 - - - 10 - - - - - - 3 - SPL-RSI (KSRP) - - - 31 36 - - - - 66 - 47 68 SPL-SI (KSRP) WOMEN) - - - - - - - - - - - 6 - SPL-SI (KSRP) INS - - - 3 4 - - - - 7 - 7 - PSI (W) - - - - 40 - - - - - - 15 37 WPSI (W) - - - - 5 - - - - - - 2 - PSI (W) INS - - - - 5 - - - - - - 2 - PSI (FPB) - - - - 17 - - - - - - - - WPSI (FPB) - - - - 2 - - - - - - - - INS PSI (FPB) - - - - 2 - - - - - - - - IRB-SI - - - - - - - - - 27 - - - IRB-SI INS - - - - - - - - - 3 - - - SI-KSISF (MEN) - - - - - - - - - 113 - - - SI-KSISF (MEN) INS - - - - - - - - - 12 - - - SI-KSISF (WOMEN) - - - - - - - - - 13 - - - SI-KSISF (WOMEN) INS - - - - - - - - - 1 - - - POLICE CONSTABLE YEAR 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 CPC 3777 - 3957 3497 3420 2625 - 3761 - - 2236 2615 1952 CPC (H-K) - - - - - - - - - - - 285 490 WPC 332 - 1207 387 605 292 - 422 - - 558 654 - WPC (H-K) - - - - - - - - - - - 71 - APC 1148 - 1063 433 3855 - - - 3068 - - 1884 - KARP (MOUNTED) - - - - - - - - 23 - - - - IRB - - - - 701 - - - - - - - - PC (FPB) - - - - - - - 36 - - - - - WPC (FPB) - - - - - - - 4 - - - - - PC (WIRELESS) - - - - - - - 107 - - - 115 301 PC (WIRELESS) H-K - - - - - - - - - - - 38 - WPC (WIRELESS) - - - - - - - 12 - - - 29 - WPC (WIRELESS) H-K - - - - - - - - - - - 8 - SRPC (KSRP) (MEN) - - - - - - - - - 1250 936 - 760 SRPC (KSRP) (WOMEN) - - - - - - - - - - 99 - - IRB-C - - - - - - - - - 750 - - - KSISF (MEN) - - - - - - - - - 1558 - - - KSISF WOMMEN) - - - - - - - - - 173 - - - 10. Article 21 of the Constitution of India takes in its sweep the right to expeditious investigation and fair trial. Delay in conducting of investigations and expeditious trial of cases in the Courts tantamounts to infringement of basic rights of constitutional protection available to citizens. With meagre Police personnel it is impossible for the Police Department to conduct investigations expeditiously and submit the final reports to the Courts. Delay in conducting of trial of criminal cases was found to be mainly on account of the deficiencies attributable to the Police and Prosecution Departments. Inadequate Police strength is likely to prove counter productive and there would be increase in pendency of criminal cases in the Courts and the same would not be in the interest of the rule of law. 11. On 27.04.2016, Learned Addl. SPP was directed to appraise the Learned Advocate General of the proceedings and inform him to assist the Court in the matter of formulating an "Action Plan for structured annual recruitment in the Police Department". In pursuance thereof, Learned Advocate General appeared on 29.04.2016 and submitted that the record of the proceedings in these petitions, more particularly of 20.04.2016, 23.04.2016 and 27.04.2016 sensitised both the Government and Police Department and the follow-up action is being taken. Hearing and issue of directions was put off on the submission made by the Learned Advocate General, that the Government and the Police department would address the issues as was pointed out in the orders passed, wherein, the infrastructural deficiencies including human resources was pointed out Learned Advocate General submitted that by obtaining suggestions from all the concerned, action plan for structured annual recruitment would be formulated and steps taken to give effect to the same. 12. Having regard to the fact that the recruitment to the cadres in the Police Department has not been taken annually and that there is nearly 25% of the vacancies out of the sanctioned cadre strength, there being a necessity to evolve a mechanism in the matter of steps required to be taken for determination of vacancies; issue of advertisement; conducting of recruitment examination; interview; declaration of final result and issue of orders of appointment, and fix a time schedule so that the system works on its own and avoid accumulation of vacancies, Government was directed to submit action plan for structured annual recruitment. 13. On 28.10.2016 a memo was filed by the Learned Addl. 13. On 28.10.2016 a memo was filed by the Learned Addl. SPP, enclosing action plan for structured annual recruitment for the years 2017-18 and 2018-19. Learned Advocate General submitted that the recruitment would be undertaken and completed as per the structured plan. In view of the submission made, to ensure the annual recruitment process in the Police Department, Prl. Secretary to Government, Home Department is directed to oversee that the annual recruitment process takes place to fill the vacancies in the Police Department so that the problem of delay in investigation of the cases and their prosecution i.e., upon filing of the final reports before the Courts is tackled to some extent. 14. For filling up of vacancies in different cadres of Police Department, accepting the 'Action Plan' submitted, it is directed as under: A. For filling up of vacancies in the Cadre of Police Sub Inspector (Civil): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of March 2. Publication of Notification 2nd week of April 3. Issue of Paper advertisement 2nd week of April 4. Inviting applications through on-line 3rd week of April 5. Conduct of ET & Police Station 4th week of May 6. Conduct of Written examination 4th week of June 7. Conduct of Viva-voice 4th week of July 8. Publication of Select List 1st week of August B. For filling up of vacancies in the Cadre of Reserve Sub Inspector (CAR/DAR) : SI . No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of March 2. Publication of Notification 2nd week of April 3. Issue of Paper advertisement 2nd week of April 4. Inviting applications through on-line 3rd week of April 5. Conduct of ET & PST 4th week of June 6. Conduct of Written examination 4th week of July 7. Conduct of Viva-voice 4th week of August 8. Publication of Select List 1st week of September C. For filling up of vacancies in the Cadre of Police Sub Inspector (FPB) and (Wireless): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of March 2. Publication of Notification 2nd week of April 3. Issue of Paper advertisement 2nd week of April 4. Inviting applications through on-line 3rd week of April 5. Conduct of ET & PST 4th week of June 6. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of March 2. Publication of Notification 2nd week of April 3. Issue of Paper advertisement 2nd week of April 4. Inviting applications through on-line 3rd week of April 5. Conduct of ET & PST 4th week of June 6. Conduct of Written examination 1st week of August 7. Conduct of Viva-voice 4th week of August 8. Publication of Select List 1st week of September D. For filling up of vacancies in the Cadre of Spl. Reserve Sub Inspector (KSRP): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of March 2. Publication of Notification 2nd week of April 3. Issue of Paper advertisement 2nd week of April 4. Inviting applications through on-line 3rd week of April 5. Conduct of ET & PST 4th week of July 6. Conduct of Written examination 1st week of September 7. Conduct of Viva-voice 4th week of September 8. Publication of Select List 1st week of October E. For filling up of vacancies in the Cadre of Sub- Inspector (KSISF), PSI (CID) and PSI (INT) : SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers End of August 2. Publication of Notification 2nd week of September 3. Issue of Paper advertisement 2nd week of September 4. Inviting applications through on-line 3rd week of September 5. Conduct of ET & PST 3rd or 4th week of October 6. Conduct of Written examination 3rd week of November for SI (KSISF), 4th week of November for PSI (CID) and 1st week of December, for PSI (INT) 7. Conduct of Viva-voice 3rd week of December 8. Publication of Select List 2nd week of January F. For filling up of vacancies in the Cadre of Police Constable (Civil): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4th week of May 2. Publication of Notification 2nd week of June 3. Issue of Paper advertisement 2nd week of June 4. Inviting applications through on-line 3rd week of June 5. Conduct of Written examination 2nd week of August 6. Preparation of Merit List 1st week of September 7. Conduct of ET & PST 4th week of September 8. Publication of Select list 2nd week of October G. For filling up of vacancies in the Cadre of Armed Police Constable (CAR/DAR): SI. Inviting applications through on-line 3rd week of June 5. Conduct of Written examination 2nd week of August 6. Preparation of Merit List 1st week of September 7. Conduct of ET & PST 4th week of September 8. Publication of Select list 2nd week of October G. For filling up of vacancies in the Cadre of Armed Police Constable (CAR/DAR): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4th week of May. 2. Publication of Notification 2nd week of June 3. Issue of Paper advertisement 2nd week of June 4. Inviting applications through on-line 3rd week of June 5. Conduct of Written examination 4th week of August 6. Preparation of Merit List 3rd week of September 7. Conduct of ET & PST 2nd week of October 8. Publication of Select List 4th week of October H. For filling up of vacancies in the Cadre of Spl. Reserve Police Constable (KSRP): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4 week of September 2. Publication of Notification 2nd week of October 3. Issue of Paper advertisement 2nd week of October 4. Inviting applications through on-line 3rd week of October 5. Conduct of Written examination 2nd week of December 6. Preparation of Merit List 1st week of January 7. Conduct of ET & PST 3rd week of January 8. Publication of Select List 1st week of February J. For filling up of vacancies in the Cadre of Police table (KSISF): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4 week of October 2. Publication of Notification 2nd week of November 3. Issue of Paper advertisement 2nd week of November 4. Inviting applications through on-line 3 week of November 5. Conduct of ET & PST 4 week of December 6. Conduct of Written examination 3rd week of January 7. Preparation of Merit List 3rd week of February 8. Publication of Select List 4th week of February K. For filling up of vacancies in the Cadre of Police Constable (FPB): SI. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4th week of October 2. Publication of Notification 2nd week of November 3. Issue of Paper advertisement 2nd week of November 4. Inviting applications through on-line 3rd week of November 5. Conduct of Written examination 4th week of January 6. No. Description Date 1. Obtaining classification of Vacancies from the concerned Unit Officers 4th week of October 2. Publication of Notification 2nd week of November 3. Issue of Paper advertisement 2nd week of November 4. Inviting applications through on-line 3rd week of November 5. Conduct of Written examination 4th week of January 6. Preparation of Merit List 3rd week of February 7. Conduct of ET & PST 2nd week of March 8. Publication of Select List 3rd week of March (i) The Prl. Secretary, Home Department, Government of Karnataka, shall monitor and oversee that the recruitment process is undertaken and completed annually by the Recruitment Wing of the Karnataka Police Department and the consequential appointment orders are issued by the respective appointing authorities as per the above schedule. (ii) The Prl. Secretary to Government, Home Department, if considers proper, may constitute a separate Cell with an Officer of appropriate rank for ensuring compliance of the aforesaid time schedule by the Recruitment Wing of the Police Department. (iii) The Recruitment Branch of the Police Department headed by ADGP having the sanctioned strength of 25 has 7 vacancies. With the meagre sanctioned strength and vacancies, it will be difficult to give effect to the "action plan for structured annual recruitment Hence, the Head of the Recruitment Branch should have the liberty to select the Officers of the rank of Dy.S.R and below to be posted on "OOD" to Recruitment Branch for a specific recruitment process and the Head of the Police Force in Karnataka should instruct all the Units of the Police Department to extend the co-operation to the Additional Director General of Police (R & T), in terms of the manpower and other resources as may be sought by him. (iv) The Prl. Secretary to the Government, Home Department shall submit to the Registrar General of this Court, annual report with regard to the recruitment process held and completed for a period of 3 years viz., 2017-18, 2018-19 and 2019-20. 15. The Government is at liberty to apply to this Court for variation of time schedule in case of any genuine difficulty in giving effect to the above recruitment schedule. 16. I place on record my deep appreciation for the valuable assistance rendered by Sri Madhusudhan R. Naik, Learned Advocate General, Sri A.S. Ponnanna, Learned Addl. Advocate General and Sri Vijaya kumar Majage, Learned Addl. SPP. 17. 16. I place on record my deep appreciation for the valuable assistance rendered by Sri Madhusudhan R. Naik, Learned Advocate General, Sri A.S. Ponnanna, Learned Addl. Advocate General and Sri Vijaya kumar Majage, Learned Addl. SPP. 17. This Order be e-mailed without any delay to (i) Addl. Chief secretary cum Prl. Secretary, Home Department, Government of Karnataka (ii) Additional Director General of Police (Recruitment and Training), Karnataka Police Department. 18. A copy of this Order be furnished to the Learned Addl. SPP.