STORM is brewing at Nyay Mandir premises over a bail granted by a Sessions Court to a dreaded goon as several shortcomings in prosecuting the case came to fore, including misuse of video-conferencing facility, suppressing case history and even real name of the accused. This particular case has also exposed the lack of communication between the prosecution agencies and government lawyers leading to easy release of hard-core criminals, forcing senior functionaries to swing into action.

 

According to top sources, in one instance, a similar bail application was listed before two courts and after one court granted it, the other application was not pressed, cleverly suppressing the detail of simultaneous application filed. This was possible due to ongoing e-filing, which relies heavily on affirmation by lawyers appearing for the parties and any foul play cannot be easily detected due to paucity of registry staff during ongoing lockdown.

 

The senior judicial authorities have taken a serious note of this case and three similar cases brought to their notice by the senior police officials. The top officials were perplexed by a particular order passed to release a dreaded goon, whose bail application was rejected twice by Sessions Court and even by the High Court.

 

As per the guidelines framed by the high-powered committee, this goon was not eligible for release during COVID-19 as he was booked under MCOCA and under NDPS. The court record indicated that the investigation officer was called, but the IO in this case claimed that he was never contacted by prosecution lawyers, putting the onus on prosecution lawyers who appeared in this matter. In this case, the real name of the accused, who was granted bail, too, was not mentioned and the prosecution lawyer feigned ignorance about the identity of the accused when confronted by top police officials. The senior officers visited the office of District Government Pleader on Thursday and Friday and apprised him about this lapse. Attention of top judicial functionaries of District Court was invited towards three cases in which gaps were apparent.

 

Apart from procedural lapses, filing of similar case supressing the detail of pending case, suppression of real name by notorious goons and habitual offenders to mislead the court the authorities also pointed out the recent rejection of bail applications by the High Court with speaking orders while urging the authorities to examine the issue on administrative side.

 

According to sources, the Principal District Judge convened a meeting of senior judicial officers and conducted a serious discussion with them over the issue.