The promise of a "Fast-Track Case" elicits a varied response
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...
1
views

In Mumbai, Chief Minister Eknath Shinde's pledge to expedite the Baba Siddique murder case has sparked varied responses from legal professionals. While some, such as senior counsel Amit Desai, suggest that expediting high-profile murder investigations can have a positive effect, others caution against rushing justice at the risk of compromising its integrity. Several lawyers believe that a swift trial in a specialized court could alleviate concerns about law and order following the crime. However, it is crucial for the police to conduct a thorough investigation to uncover the orchestrators of the nighttime shootout, as noted by criminal law practitioners. Once a chargesheet is submitted, the case could be moved to a fast-track court (FTC). As of May 2024, there are 866 such courts in India, designated to handle serious crimes like murders, sexual offenses, and crimes against vulnerable groups. Despite the potential benefits of FTCs, some lawyers express concerns about their past effectiveness due to issues such as limited resources, inadequate infrastructure, and subpar investigations.

Majeed Memon, a senior criminal law advocate who recently rejoined the NCP (Sharad Pawar), remarked on the "brutal assassination" of Siddique in front of a large crowd, questioning the actions of his security detail during the incident. Memon emphasized the importance of a meticulous and vigilant investigation in such a heinous crime, highlighting the necessity of building a solid case against the perpetrators to ensure justice for the victim and his family. He also raised concerns about prematurely disclosing suspects' photos, potentially undermining the process of identifying assailants through a formal lineup. Memon stressed that while expediting the legal process is an option, it should not come at the expense of a thorough and diligent investigation to ensure accountability for the culprits.The effectiveness of punishment through Community Service (CM) and House Arrest (HM) is doubtful according to veteran crime counsel Niteen Pradhan. He emphasized the need for expediting murder cases while ensuring a thorough and credible investigation to instill confidence in the public. Under the new criminal procedural code, Bharatiya Nagarik Suraksha Sanhita (BNSS), the police must complete their investigation and file a chargesheet within 90 days, a restriction that did not exist previously. In Maharashtra, approximately 36.5 lakh criminal cases are pending, with 60% being over a year old. Last month, over 1.2 lakh fresh criminal cases were filed across Maharashtra, but more than 1.8 lakh cases were disposed of during the same period, as per the National Judicial Data Grid. In Mumbai, the sessions court has 41,530 pending criminal cases, with 1,548 new serious criminal cases filed last month and 948 cases disposed of. However, the grid does not provide specific data for Fast Track Courts (FTCs).