New Delhi: Subjecting an individual to undergo criminal trial is an "encroachment of his fundamental right" and if any accused is to be put on trial, then that has to be done in conformity with the procedure established by law, a Delhi court said on Monday. Special Judge Namrita Aggarwal made the observation while allowing an application of an assistant sub-inspector (ASI) seeking discharge in a corruption case on the ground that the CBI had not filed a valid order under the law sanctioning his prosecution in the case.
The judge was hearing a case against sub-inspector (SI) at Malviya Nagar police station, Romi Meemroth, and ASI Lekh Ram, both accused of criminal conspiracy and demanding bribe from an accused in a rape case which the woman officer was investigating, for settling the matter against him. The CBI had also recovered Rs 10.85 lakh unaccounted cash during the search from her residence. The judge said that the "corruption scenario in our country is distressingly disturbing and has shattered the genuine hopes of both the plebeian and intellectual scions about the possible rejuvenation of the value based society. The malignancy of criminalisation has effected every sphere of social, economic and political activity and there has been a consistent accelerated growth of the crime of corruption".
"For that administration of Criminal Justice System is required to be revamped. However, that is required to be done in such a manner that the majesty of 'Rule of Law' is neither undermined nor defeated," the judge said. The judge said that a balanced approach is required to be adopted giving strict interpretation to the clauses of the penal provisions and simultaneously being mindful of the inviolable constitutional rights granted to the accused so as to ensure fair trial.
"Subjecting any individual to undergo criminal trial is an encroachment of his fundamental right guaranteed under Article 21 of the Constitution of India which provides that no one can be deprived of his right to life and liberty except by the due process of law. Thus, if any accused is to be subjected to a criminal trial, then that has to be done in conformity with the procedure established by law," the judge said. The court had in November last year framed charge of criminal conspiracy and bribery against both the accused persons -- Romi Meemroth and Lekh Ram -- to which they pleaded not guilty and claimed trial.
The ASI later filed an application seeking discharge in the case, citing invalid sanction order. The judge said that CBI is at liberty to file fresh chargesheet against this accused after getting the necessary sanction from the competent authority, and clarified that discharge order would not amount to disposal of his case or trial "on merits". The case against the woman officer will continue, the court said. (PTI)
