NEW DELHI, January 15: Date: January 14, 1993. Time: 12.30 p.m. Place: Sarojini Nagar. The Malhotra family was on their way to Lajpat Nagar when their scooter was hit by a Maruti Gypsy at the Indian Oil petrol pump in Sarojini Nagar. Six-year-old Deepak Malhotra died in hospital due to head injuries. The accused, an IAS officer, was out on the roads in spite of the two non-bailable warrants issued against him. He paid Rs 500, cited reasons for his absence and was released. Five years later, the court has recorded the statements of only two of the nine prosecution witnesses. This case is one of the many awaiting a decision in the courts of metropolitan magistrates (MM) for the past five years. The victims' families have more or less lost hope. For most, the accident has been reduced to routine court visits and innumerable hearings.``I have been coming to this court since 1991,'' said an accident victim's son. His father Amarnath died in an accident at Bapu Dham on March 3, 1991. After eight years, he does not know where his case stands. ``I have no idea. All I know is that the accused has not yet been arrested and sentenced for his act,'' he said.
According to legal procedure once an accident case is registered, the police investigate it. If the accused is apprehended on the spot, he is presented in court within 24 hours. And if he is not, the police interrogate eyewitnesses' to ascertain details on the accused.
The accused is registered under sections 279 (rash driving), 338 (causing grievances) and 304A (causing hurt due to negligent driving). The sections are levelled keeping in mind the extent of damage caused by the accused.
Since all are bailable offences, the accused generally get bail at the police station itself. ``But they have to appear before court with the police for the first hearing,'' says Supreme court lawyer Krishan Mahajan.
If the accused does not appear in court during any one of the proceedings, he is liable to be arrested on the directions of the court. ``In such criminal cases pertaining to accident, the MM considers various factors before granting bail. He has to make sure that the accused will not tamper with the evidence and will not misuse his/her freedom,'' says Mahajan.If the accused is able to convince the MM, he is released after submitting the fine.
But a random study of some case files shows that the accused do not appear in court on a number of occasions. Mahajan explains: ``This evasion is a common practice so that the case can linger on in court.'' According to him, the lawyer should push the MM for early dates to conclude the case as soon as possible.
The court has its side of the story too. ``If you look at the number of cases we have each day, it is not humanly possible to dispose them of early. Nor is it practical to hear one case every day,'' says a metropolitan magistrate.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
Printer-friendly page