Supreme Court seeks response of Central government, States on PIL to update guidelines for criminal prosecution

The Supreme Court on Monday agreed to examine whether the guidelines issued by it earlier in the judgment in State of Gujarat v. Kishanbhai for accountability in criminal prosecutions, need to be updated [A and anr vs Union of India and ors].A bench of Justices KM Joseph and Hima Kohli issued limited notice to the Central and States government on a public interest litigation (PIL) petition seeking directions for compliance with the guidelines laid down by the top court in State of Gujarat vs Kishanbhai. .The PIL filed by survivors of trafficking for sexual exploitation, through advocate Srishti Agnihotri, said that most States have not complied with the Kishanbhai judgment.The accused in the petitioners' cases were let off and the present plea, therefore, flagged various lapses in the investigation and prosecution of criminal cases.The plea, therefore, sought the following:Directions to States/Union Territories (UTs) to constitute acquittal review standing committees in case the same has not been done till date; Directions to all States/ UTs to appoint Standing Committees at the district and State level to review orders of acquittal and record common reasons for acquittals, wherein such review is held at least every 3 months; Lay down guidelines with respect to public prosecutors advising investigators on deficiencies in investigation and recommending further investigation when required; Lay down guidelines with respect to course content and conduct of regular training programs for public prosecutors and investigators to be undertaken by the Standing Committees; Lay down guidelines regarding the composition of Standing Committees to ensure sufficient representation from the police and prosecutorial side; Directions to the States/UTs to formulate a mechanism to hold errant police and public prosecutors accountable for serious lapses..The plea relied on the decision in Kishanbhai, wherein directions had been issued to bring into force a collective framework ensuring prosecutorial and police accountability along better coordination between prosecutors and investigators, without compromising on their independence. The measures included setting up of a standing committee of senior officers to examine acquittal orders and record reasons for prosecution's failure to secure convictions. Further, lapses on part of officials were sought to be looked into to see if the same were innocent lapses or not. .The plea pointed out that prosecutors while representing the State are required to balance the right of the accused to a fair trial as well as that of the victims to access justice. "However, there is no legislative framework as of today on keeping prosecutors accountable to this delicate balance," it was stated. Crimes like rape and human trafficking has acquittal rates as high as 73 and 78 per cent respectively, the plea added. It was emphasised that Kishanbhai has some gaps as to enforcement of the guidelines, and composition of the standing committees, among others. "It is crucial that states develop their unique systems with uniform benchmarks to evaluate and hold accountable the performance of prosecutors. There is an urgent need for strengthening the framework for coordination between, and accountability of, public prosecutors and investigators," the petition said.The petitioners underscored that a lack of accountability of investigating officers and prosecutors leads to lapses at the probe and trial stages."Any failure to present the case of the prosecution in accordance with the requisite standard of care to be discharged by the state makes the equal protection of law afforded under Article 14 merely illusory.".The plea was drawn by advocates Abishek Jebaraj, A Reyna Shruti, and Zothanpuii Varte. Senior Advocate Anitha Shenoy with advocates Aanchal, Ayushma Awasthi, Namrata, and Renjit Philip also represented the petitioner. [Read order]