Union Home Minister P Chidambaram on Tuesday called for the trifurcation of police in states by creating separate cadres for investigation and prosecution, besides one for the law and order handling.
Chidambaram was discussing the issue of "Investigation, Prosecution and Trial -- the need for revamping" at a meeting of the parliamentary consultative committee of the home ministry in New Delhi.
The participating MPs also called for separate cadres for investigation work and prosecution.
The home minister said the law commission has been requested to examine and give a comprehensive report for comprehensive amendments of the criminal laws -- IPC, CrPC., Evidence Act, etc.
Chidambaram stressed that India has to move forward in investigations alike other countries who use technology-based evidence and new forensic tools.
He said the Malimath committee report on revamping of the criminal justice system, including investigation, prosecution and the trial procedure received in March 2003 has been sent to the state governments for consultation since the criminal law and procedure are on the concurrent list of the Constitution.
Chidambaram said the state government's views have also been sought on the recommendation of the law commission for appointment of public prosecutors and other issues in their reports on the CrPC of 1973.
In these reports, the commission has suggested a separate wing for investigations from the law and order wing stressing that "a separate wing of investigation with clear mandate, accountable only to rule of law is needed."
Placement policy of investigating staff, inadequate training, comprehensive use of forensic science from the inception and problems related to medico legal services have been highlighted by the law commission while suggesting several steps to improve the quality of investigation.
These include interrogation centres at all district headquarters; a mechanism for coordination among investigators, forensic experts and prosecutors at the state and district levels for effective investigations and prosecutions; refusal to entertain complaints of any offence be made punishable; stringent punishment for false registration of cases and false complaints; and excluding from the permissible period of police custody the time during which the accused is not available for investigation on ground of health.
The members of Parliament highlighted harassment of the common man in the police investigation and non-registration of cases by police in some cases.
Chidambaram assured them that it were not so at least in Delhi where all but the sensitive FIRs are put on the website.
