The promise of a 'quick resolution case' elicits varying 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 drawn varied responses from legal experts. Some, such as senior counsel Amit Desai, believe that expediting high-profile murder investigations can have a positive impact. However, others caution against rushing the process, emphasizing that hasty justice may lead to complications. Several lawyers mention that a fast-track court trial could address concerns about law and order in Mumbai following the crime, but emphasize the importance of allowing the police sufficient time for a thorough investigation to uncover the mastermind behind the shooting. Once a chargesheet is filed, the trial can be moved to a fast-track court (FTC). As of May 2024, there are 866 FTCs throughout the country, focusing on serious crimes like murder, sexual offenses, and crimes against women and children. Despite the potential benefits of FTCs, some lawyers highlight challenges such as limited resources, inadequate infrastructure, and subpar investigations affecting their effectiveness. Senior criminal law advocate Majeed Memon, who recently rejoined NCP (Sharad Pawar), expressed concern over questions raised by Siddique's "brutal assassination" and the apparent lack of protection from his security detail. While acknowledging the option of fast-tracking, Memon emphasized the need for a meticulous and vigilant investigation in such serious crimes. He pointed out that revealing suspect photographs could impact the identification process and stressed the importance of building a strong case against the culprits to ensure justice for the victim and his family.The use of punishment by Community Magistrates (CM) and Honorary Magistrates (HM) is deemed ineffective. Legal expert Niteen Pradhan suggests expediting murder cases while emphasizing the importance of a thorough and credible investigation to instill public trust. Under the new criminal procedural code, police in the Bharatiya Nagarik Suraksha Sanhita (BNSS) are required to complete investigations and file charges within 90 days, a new development as there were previously no such time restrictions. In Maharashtra, there are 36.5 lakh pending criminal cases, with 60% being over a year old. Despite over 1.2 lakh new criminal cases filed last month, the state managed to dispose of over 1.8 lakh cases in the same period, according to the National Judicial Data Grid. In Mumbai alone, there are 41,530 pending criminal cases at the sessions court. Last month, 1,548 serious criminal cases were initiated at the sessions court, with 948 cases being resolved, though the grid does not provide specific data for Fast Track Courts (FTCs).