The Hindu : Special court brooks no delay

Online edition of India's National Newspaper
Saturday, Jan 18, 2003

Southern States

Southern States - Karnataka-Bangalore

Special court brooks no delay

By K.V.SUBRAMANYA

THE STATE Government's commitment to improve policing in the City and expedite the trial of major criminal cases has come to be taken with a pinch of salt.

The promises made and programmes announced in this regard in the past three years are yet to take off.

One of the important announcements that the Government made in the Legislative Assembly was that it would set up a special court to try the cases against the Dandupalya gang.

But the Government has not kept its promise though the Karnataka High Court granted permission to it, almost a year ago, for establishing the special court. It is said that the Government is still searching for a suitable place to set up the court, and is considering the New Central Prison at Parappana Agrahara as an option.

The need for having a special court has become imperative given the number of cases pending against the dreaded killers and also the nature of offences committed by them.

There are as many 107 cases of murder, rape, sodomy, dacoity, and house break-in and theft against the leader of the gang, Dandupalya Krishna, who is now in judicial custody.

Another member of the gang, Dodda Hanuma, is accused in 46 murders, 22 dacoities, and 11 house break-in and theft cases, while his wife, Lakshmamma, is accused in 11 murder cases.

As many as 23 murder and seven dacoity cases are pending against another member of the gang, Venkataramana, while Munikrishna is allegedly involved in 23 murders and 20 dacoities. Dandupalya Krishna's brother-in-law, Kothi Thimma, is accused in 23 murders.

Though police have arrested them on many occasions, the criminals have come out either on bail or escaped from jail and continued with the crime.

Although there have been no reports of Dandupalya gang's involvement in crimes of late, many members of the gang are absconding. Their involvement is suspected in some half-a-dozen unsolved murder cases.

The trials in all these cases, that have been pending before various courts across the State, have been delayed and thus there is need for setting up a special court for ensuring speedy trial.

By setting up a special court and having a speedy trial, the problems relating to guarding the accused, bringing them to courts regularly, and extension of remand can also be overcome.

"As these criminals have been often escaping from jails and committing heinous crimes, a special court should be set up to try them as public security is involved. To avoid the usual delay in trials and instil confidence in the public, there is need for urgently trying these cases," opines a former Police Commissioner.

"The major weakness of the country's criminal justice system has been the dragging of cases for years. The hard work done by the police in arresting the accused and filing chargesheets will not go waste if a speedy trial is ensured by setting up a special court," says a senior officer who played a major role in the arrest of the Dandupalya gangsters.

Under normal circumstances, only two or three cases come up for hearing before the court daily. Most of the times, the witnesses are sent back even without being examined and police have to still pay "baata" (allowances) to the witnesses, he says while explaining the advantages of setting up a special court and having a speedy trial.

The officer says that as cases have been pending against the Dandupalya gang members before various courts in the State, setting up of a special court will come in handy for the police in producing the accused and witnesses before the court. "This will also avoid duplication of work."

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