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ShareMumbai: A convict in a murder case would probably walk free not because he may be innocent, but because all the records and case papers have been destroyed by the sessions court registry.
The Bombay high court came down heavily on the government for its callous attitude towards preserving records of old cases. Hearing that the registry had destroyed the records of a case dating back to 1996, the high court has asked authorities if a re-trial is possible.
The court has directed the registrar (judicial) to inform within a week steps the authorities have taken to implement an earlier HC order which had asked them to preserve documents on CDs.
“Why hasn’t the government started preserving documentary evidence in a criminal case — like statements of witnesses, exhibits and other documents — on a CD (compact disc) instead of destroying case papers,” questioned justice Ranjana Desai, while hearing an appeal in the 1996 murder case.
“...otherwise as per the Supreme Court judgment we will have to
acquit him,” remarked a division bench of justice Desai and justice Mridula Bhatkar.
According to the SC, if case papers have been destroyed in a particular case, the court should first try re-construction of documents. If that is not possible then the court should order retrial by the sessions court. If neither is possible then the accused has to be acquitted.
“Something needs to be done urgently. There are several cases where papers are being destroyed. Are the convicts informed about their right to appeal?” asked Desai.
Earlier, when the appeal came up for hearing in August 2008, the HC had asked the sessions court’s registrar to try to re-construct the case papers. However, the registrar sent a report in September 2008 stating that it could not be done due to “non-availability of case papers”.
When a question was raised by court, additional public prosecutor Sangeeta Shinde informed that the superintendent of police or the jail officials do inform the inmate about their right to appeal. “Besides, even lawyers from legal aid visit jails often who speak to convicts,” Shinde told the court.
“In that case you should take convicts sign or his thumb impression, if he has been informed. This could be a ploy (not to file appeal). Hardened criminals would wait for five years for records to be destroyed then file appeal,” Desai said.
