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DB directs State to expedite process regarding creation of four special courts for trial of NDPS
PIL regarding low conviction in NDPS cases
9/16/2014 10:32:40 PM
Jammu, Sept 16 : A Criminal Acquittal Appeal being treated as PIL regarding low conviction in NDPS Cases, Division Bench of state High Court Comprising Chief Justice MM Kumar and Justice Tashi Rabstan observed that the sanction for creating four Courts exclusively for hearing of NDPS cases have to be accorded and the Finance Department and all other departments shall expedite the same as directions issued by Supreme Court in Thana Singh's case have to be complied with. After hearing Adv Ankesh Chandel for the PIL whereas Sr AAG Gagan Basotra for the State, observed that the minutes of the meeting held under the Chairmanship of Principal Secretary to Government, Home Department on August 25, 2014 have been placed on record with the application filed by the Principal Secretary, Home seeking exemption from the personal appearance. According to the minutes, a comprehensive affidavit by IGP Crime has been submitted and on the suggestions made by Amicus, PHQ constituted a committee of officers under the Chairmanship of IGP Crime to examine the issue as reflected in the judgment dated 14/02/2013 of the Supreme Court rendered in the case of Thana Singh vs State of Punjab as many as eleven directions were passed by this Court and after threadbare discussions of various issues the committee of the officers took the following five decision that the Director General of Police, J&K will examine the report of the Committee of officers along with the SOPs prepared by them as also the suggestions relating to speedy trial in NDPS cases and submit a report alongwith his recommendations to the Home Department for adoption. The Department of Law, Justice & Parliamentary Affairs will intimate the Home Department about the latest status of establishment of Special courts for NDPS cases. Besides, the Department of Law, Justice & Parliamentary Affairs shall furnish reports regarding the steps taken for implementation of directions. DGP, J&K and Director, FSL will comply with the directions at and furnish their reports in this behalf to the Home Department. PHQ will take necessary steps in so far as implementation of directions in judgment. After going through the decision taken by the committee, Division Bench directed DGP, Dept of law, Justice & Parliamentary Affairs and the PHQ shall file the status report to the five decisions. Division Bench also wish to make it clear that the sanction for creating four Courts exclusively for hearing of NDPS cases have to be accorded and the Finance Department and all other departments shall expedite the same as directions issued by the Supreme Court in Thana Singh's case have to be complied with and further observed that this Court is conscious of the fact that on account of flood situation created in the State there may be some delay, but effective steps still have to be taken for establishing four Sessions Court to deal with NDPS cases and the re-designation of two Sessions Courts should be avoided as far as possible because the officers are already overburden with trial work.(JNF)
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