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Report No. 239

2.2 The causes for delay before the case reaches the Court for trial

1. Apathy and inaction on the part of the police in registering the FIRs and taking up the investigation in right earnest for various reasons. (This is so inspite of Police Manuals emphasizing the need for speedy and prompt investigation.) Government of India

2. Police are either hesitant to proceed with the investigation against important/influential persons or they are under pressure not to act swiftly especially if the person accused is in power or an active member of the ruling party. They adopt a pusillanimous attitude when the accused are such persons.

3. Corruption at Police Station level is affecting the timely and qualitative investigation. Further, the Police Stations are understaffed and the police personnel lack motivation to act without fear or favour.

4. When the FIR is not registered within a reasonable time or the pace of investigation is tardy, there is no internal mechanism to check this effectively. Even in States where Addl. SPs are posted in every District to be mainly in charge of crimes (as distinct from general law and order duties) the situation has not improved, except marginally.

5. There is no periodical exercise to upgrade the skills of investigation. There is no intelligence network worth the name to get the inputs of crime and corruption and to take up preventive measures.

6. Sufficient priority is not given for investigation of crimes. The diversion of personnel from the Police Stations for various relatively unimportant duties such as 'Bandobust' is a common phenomenon. In most of the States, the existing police force attached to police stations is utterly inadequate and even the sanctioned strength always remains in deficit.

7. Sanctions for prosecution are unduly delayed by the Governments. These reasons are not peculiar to cases of public me.- they are all problems surrounding the Criminal Justice system as a whole.

Expeditious Investigation and Trial of Criminal Cases against Influential Public Personalities Back

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