"Promise of expedited case handling receives varied responses"
Mumbai: Chief minister Eknath Shinde's promise to fast-track the Baba Siddique murder case has elicited mixed reactions from legal experts. While some, like senior counsel Amit Desai, say it is not un...
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In Mumbai, Chief Minister Eknath Shinde's pledge to expedite the Baba Siddique murder case has sparked varying reactions among legal experts. While some, such as senior counsel Amit Desai, note that expediting investigations in high-profile cases can have a positive impact, others warn against rushing justice at the risk of compromising its quality. Several lawyers suggest that a swift trial in a specialized court could help restore public confidence in law and order in response to the crime. However, it is crucial for the police to thoroughly investigate to unravel who was behind the night-time shooting incident, according to criminal law experts. The case can be transferred to a fast-track court once a chargesheet is filed. As of May 2024, India has 866 fast-track courts that handle serious crimes like murder, sexual offenses, and crimes against women and children, as per the Department of Justice. Nevertheless, some lawyers raise concerns about the past effectiveness of fast-track courts due to various challenges like limited resources, inadequate infrastructure, and poor investigations. Veteran criminal law advocate Majeed Memon, who recently joined NCP (Sharad Pawar), raises questions about the circumstances of Siddique's assassination, particularly the adequacy of his security detail during the incident. Memon emphasizes the need for a thorough and meticulous investigation in heinous crimes like this, cautioning against prematurely revealing suspects' photographs and stressing the importance of building a strong case to ensure justice for the victim and their family. Simply stating that culprits will face strict penalties is not enough; a solid legal case must be constructed.Veteran crime counsel Niteen Pradhan emphasized that punishment by Community Service (CM) and Home Monitoring (HM) will not be effective. He also stressed the importance of expediting murder cases while ensuring that investigations are thorough and credible to restore public confidence. The introduction of the new criminal procedural code, Bharatiya Nagarik Suraksha Sanhita (BNSS), requires police to complete investigations and file chargesheets within 90 days, a significant change from the previous procedure. In Maharashtra, there are currently 36.5 lakh pending criminal cases, with 60% being more than a year old. Despite over 1.2 lakh new criminal cases registered across Maharashtra last month, the state managed to dispose of over 1.8 lakh cases during the same period. In Mumbai alone, there are 41,530 pending criminal cases before the sessions court, with 1,548 serious criminal cases filed in the last month and 948 cases resolved. However, no specific data is available for Fast Track Courts (FTCs) in the National Judicial Data Grid.