TIOL-DDT 1196 · Monday, 14 September 2009 · story 3 of 3

Fighting Crimes Related to Corruption - suggestions

CBI's National Seminar National Seminar on 'Fighting Crimes Related to Corruption' resulted in the following suggestions/comments

++ Government is committed to reforming the Criminal Justice System.

++ Bring about legislation to include statutory remedy to enable confiscation of properties belonging to convicts under the Prevention of Corruption Act.

++ Delays in grant of prosecution sanctions against public servant is perceived in many quarters that these provisions contribute to a climate of impunity where the requisite sanction is either delayed or denied by the higher executive authorities.

++ There is a need to have a vertical division of all Courts from Trial Court to Supreme Court into Criminal Justice Branch and Civil Justice Branch.

++ Start imposing deterrent costs against those deliberately or indifferently delaying trial.

++ Judges should employ Management techniques of planning, organizing, controlling and managing various aspects of court work and also adopt latest technology.

++ Speedy trial is a constitutional right under Article 21 of Indian Constitution.

++ Mindset that the crimes related to corruption are like any other conventional crime needs to be changed.

++ Discharge petitions not to be entertained after framing of charges.

++ Number of Special Courts to be increased, delaying tactics of defence to be stalled and delay in prosecution sanction to be reduced.

++ Adoption of FBI model for carrying out undercover operations by Anti Corruption Agencies by creation of necessary legal frame work.

++ Adequate training to judicial officers/ prosecutors/ investigators, expert assistance of Chartered Accountants in DA case investigation and recording of statements of the major witnesses u/s 164 Cr. P.C.

++ Compliance of CVC advice be made mandatory for the government departments/ PSUs.

++ Empowering of institution of CVOs.

++ Enactment of Witness & Victim Protection legislations to give due protection to the witnesses and victims.

++ White Collar Crimes need to be given equal if not more importance than crimes against human body.

++ There is a need for a comprehensive legislation for CBI.

++ Periodical seminars of Special Judges, Prosecutors and Investigators be organized at Regional level to identify the road blocks to faster investigation and trial and take remedial measures.

++ The Special Judges and prosecutors to be trained on appreciation of scientific evidence viz. electronic/digital evidence.