The Supreme Court has bly reprimanded the Maharashtra government and questioned why special courts and necessary infrastructure are not being prepared when the government is enacting special laws.
New Delhi: The Supreme Court has bly reprimanded the Maharashtra government and asked why the infrastructure for special courts is not being prepared for hearing cases when you are enacting strict laws like the Maharashtra Control of Organised Crime Act (MCOCA). The Supreme Court made this remark during the hearing of the murder case of Bhiwandi Congress councilor Manoj Matre.
In this case, the main accused, Prashant Bhaskar Matre, has been in jail for the last 8 years and had filed a bail application in the Supreme Court. During the hearing, the court questioned the working style of the state government and the police, saying that if you are making special laws, then you will also have to create a fast and effective mechanism for hearing them.
Court said - 'If there is a Special Statute, why isn't there a Special Trial System'?
The Supreme Court bench, comprising Justice Surya Kant and Justice Joymalya Bagchi, asked the lawyer for the Maharashtra government why special courts have not been constituted for MCOCA cases till now? The Court said that when you are making laws against organized crime, then a fast, transparent, and separate system for hearing those cases is mandatory.
The court also remarked that many gangsters are sitting in jail but are avoiding action due to the slow trial process. In such cases, the delay in justice is benefiting the criminals, which is a serious concern for the law and order and the justice system.
2017 case, hearing to be completed by 2026 - Supreme Court order
The Supreme Court, while issuing clear instructions in the case related to the murder of Congress councilor Manoj Matre of Bhiwandi-Nizampur Municipal Corporation, said that the hearing of this case should be completed by January 2026 in any case. The court ordered the trial court that this case should be heard at least twice every month so that the matter is not unnecessarily prolonged.
The Supreme Court also said that if the hearing is not completed within the stipulated time limit, the accused may get bail. In this case, a list of about 200 witnesses was placed before the court, on which the Supreme Court expressed concern, saying that it may take years to record the statements of so many witnesses. The Court directed the Maharashtra Police to identify only the important and main witnesses and present only them in court.
The Court also said that 'Nowadays there are fewer people who stand up for the truth, many times witnesses turn hostile under pressure.' Therefore, the list of witnesses should be kept short and precise so that the justice process is not hampered.
What has happened in this case so far?
This is a case from February 14, 2017, when Congress councilor Manoj Matre was murdered in broad daylight. The accused had attacked with choppers and weapons. Police had arrested a total of 8 people including Prashant Bhaskar Matre in this case. The Bombay High Court had also rejected the bail plea of the accused and said that the available evidence suggests that the accused appears to be the main conspirator.
The Supreme Court also gave strict instructions to the defense lawyers not to seek unnecessary adjournments and to cooperate so that the trial can be expedited.
