‘Trial involving police must be transferred to nearby districts’
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To guarantee a good trial in prison circumstances and classes circumstances the place police officers or uniformed companies personnel are arraigned as accused, the trial must be transferred to a nearby district, the Madurai Bench of the Madras High Court has dominated.
The court docket directed that such circumstances be reviewed, and obligatory software be filed earlier than the High Court to switch the trial to the nearby district classes courts. Justice RMT. Teekaa Raman directed the Home Secretary to concern the mandatory directions on this regard. The decide noticed that this could be executed to allow non-public prosecution witnesses and impartial witnesses to depose with none concern or affect of the native individuals.
The court docket was listening to a petition filed in 2014 by R. Senthilnathan of Tirunelveli. He sought a path to be reinstated within the Police Department. He, together with one other policeman, had been alleged to have been chargeable for the dying of a fellow policeman in 2006 and had been subjected to an inquiry.
However, they had been held responsible solely on the cost that they failed to inform their superior officer concerning the dying, as quickly as they knew about it. In the classes case, the accused had been acquitted because the non-public prosecution witnesses turned hostile. The classes case resulted in acquittal.
Justice Teekaa Raman stated had the top of the division, the SP or the Commissioner taken out an software earlier than the court docket for switch of the classes case to the neighbouring district, the results of the case might have been totally different.
When the accused are police personnel, the top of the unit has to overview the case and take steps to be sure that a good trial is carried out in a classes case, that too, within the homicide of one other policeman, by requesting for the switch of the classes case to the closest district/classes court docket.
Confidence of the State within the conduct and behavior of individuals it has appointed to the police is integral to its obligation to preserve legislation and order, the decide stated. The petition filed by the policeman was dismissed as devoid of deserves.
