Submit only digital case documents to courts during investigation: K'taka HC directs police
Bengaluru, Nov 6: The Karnataka High Court has ordered for the setting up of a task force for implementing its directions to the police on digitising the investigation procedure and start submitting all documents to the courts in digital format.
The HC was hearing appeals by one Punit and his mother Godavari Bhimsingh Rajput, both of whom were convicted in the murder case of the former's wife Ashwini Rajput. Punit was sentenced to life imprisonment for murdering Ashwini by setting her on fire in their home in Mudhol, while Godavari was convicted for harassment and sentenced to three years jail term.
However, the division bench of Justice Suraj Govindaraj and Justice G Basavaraja, in their judgement in two criminal appeals, acquitted both of them as it found many loopholes in the investigation.
While acquitting them, the court made observations about the investigation and said "the investigation has not been carried out properly. This is again not a stray occurrence but a very common occurrence that this court has been coming across."
"Time is not far when any handwritten documents will not be acceptable or accepted by a court. Production of handwritten documents comes in the way of digitalisation of the judicial process which is of prime importance today," the HC noted.
"It is therefore required that First Information Reports, Crime Detail Forms, Arrest Memos, Search/Seizure Lists, Mahazars, Statements, Documents obtained during investigation from hospitals, Road Transport Authorities, FSL etc., Final report in the form of Charge Sheets, B reports, C reports etc., are digitally generated, signed and shared with courts handling bail matters, trial matters, appellate matters, revisional matters," the HC directed in its November 4 judgement.
The HC cited several examples including the absence of photographs of the scene of occurrence of the crime. The dying declaration was recorded on the personal mobile phone of the Investigating Officer which was transferred to a CD in a private mobile shop. A certificate had to be obtained without which it was not admissible as evidence. So, it could not even be presented in the trial court.
The court also pointed out to the documents submitted by the Investigating Officer which were handwritten. "The handwriting not being good as also there being not much space between each written line," the court noted.
Photocopies of the documents were blurred and while original records were checked even they had faded and become brittle and were torn.
The HC, therefore, directed for training of officers. "It is therefore required for the Director General of Police to issue necessary instructions to all the Investigating Officers to record the statements not by hand but by digital process by typing in appropriate software."
The court ordered for the setting up of a task force. "Establish a task force by the Director General of Police, consisting of the head of Police IT, Principal Secretary e-Governance Department, nominee of the NCRB, representative of Crime and Criminal Tracking Network and Systems.
"This committee is to firstly work out the methodology of sharing the existing digital records with courts and secondly to consider the above aspects including digitisation of all processes," it said.
The court said it was surprised that police were still submitting handwritten documents. "It is rather surprising that the Police IT having commenced digitalisation in the year 2005, the court is still receiving handwritten documents in this case in the year 2016. It is required that all the entries are made digitally," the HC said.
"The documents are to be signed digitally by providing digital signatures to the Investigating Officers and other persons. When such digital signatures are not available, physical signatures of such persons to be obtained, scanned and uploaded into the Police IT System and digitally signed by the person uploading," the HC further said.
The HC also directed for videographing of places where 'mahazar' is conducted and tagging them with GPS coordinates. "The FIR, charge sheet and other documents, etc., to be in digital format to be shared through Interoperable Criminal Judicial System (ICJS) to the courts," the HC said.
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PDP leader Iltija Mufti lodges police complaint against Nitish Kumar for pulling woman's 'naqab'
Srinagar (PTI): PDP leader Iltija Mufti on Friday lodged a police complaint seeking the registration of an FIR against Bihar Chief Minister Nitish Kumar for recently pulling off the veil from a woman doctor’s face.
However, there was no word from the police on whether an FIR has been registered against the JD-U chief.
“I’m writing to bring to your attention a vile incident which has caused immense distress and hurt among Muslims, especially women. A few days ago, we watched with shock, horror and worry as Bihar Chief Minister Nitish Kumar pulled down the ‘naqab’ of a young Muslim doctor in full public glare at a government function,” Mufti said in her complaint to the Kothibagh SHO.
She added that what made “matters worse was the unsettling reaction of the people around, including the deputy chief minister, who chuckled and watched with glee”.
“The forceful stripping of her ‘naqab’ wasn’t just a brutal assault on a Muslim lady but on the autonomy, identity and dignity of every Indian woman,” Mufti alleged.
ALSO READ: Doctor whose naqab was removed by Nitish Kumar will join duty in Bihar: Official
The incident, a video clip of which has been circulated widely, sparking a major political row, took place on Monday at the chief minister’s secretariat in Patna where Ayush doctors gathered to receive their letters of appointment.
When the woman came up for her letter, Kumar saw her 'naqab', said “what is this” and then removed the veil, prompting the opposition parties to demand an unconditional apology from the chief minister.
Mufti said it was more concerning that the incident took place amid the “deliberate othering and political and economic disempowerment of Muslims all across India”.
The complaint said in the days following the "shameful" incident, “we have witnessed with abject horror videos of miscreants pulling off the naqabs of Muslim women across India”.
“Perhaps a chief minister engaging in this vulgar act of indecency has now emboldened such lumpen elements, giving them carte blanche (complete freedom) to humiliate and attack Muslim women,” the PDP leader alleged in her complaint.
Mufti also said that as a young Muslim woman, she is “deeply worried” that so far, no concrete action has been taken in the matter to serve both as a deterrent and precedent.
“BJP ministers and the men in power are justifying Kumar's indecency. Au contraire (on the contrary), they are condoning and celebrating it. I am sure you will agree that the rule of law must be applied uniformly and unequivocally to every Indian citizen.
“Being a chief minister doesn't exonerate an individual just because he enjoys political power and patronage,” Mufti said, and urged police to immediately file an FIR against Kumar.
“We owe it to every Indian woman to protect her dignity. The choice to wear what she wants without fear, with her head held high,” she added.
Speaking to reporters, Mufti said rather than apologising for what the Bihar chief minister did, the BJP ministers are “giving vulgar statements”.
“Yesterday, Griraj Singh, a Union minister, said Muslims in India should go to hell. If you touch the veil of our women, please be ready for the consequences.
“There was a need to file an FIR as, instead of being apologetic, the BJP wants to justify what he did, which is extremely wrong and criminal,” she said.
The PDP leader also said it is up to the police now, “but we have to do our bit”.
Lashing out at J-K Chief Minister Omar Abdullah, Mufti said it is "most troubling" that Abdullah, who is the only Muslim chief minister in India, did not issue a statement against Kumar’s act for two days, and when he did, he justified Kumar's “indecent act”.
“Despite being a Muslim chief minister, he does not want to protect Muslim girls and women. So, I felt it was my duty as a young Muslim woman to come here today, express solidarity with this doctor, and also to make sure that the dignity and identity of not just Muslim women, but all women across India, are protected. We have the right to choose what we want to wear with our head held high,” Mufti said.
PDP's Iltija Mufti lodges police complaint against Bihar CM Nitish Kumar over 'hijab' incident
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