LOK NAYAK JAYAPRAKASH NARAYAN NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE

Government of India (Ministry of Home Affairs)

District Court visit Report

Submitted By: Shankey Verma

Course: M.A. (Criminology)

1st Semester

Contents

1. Acknowledgement

2. Purpose of Visit

3. Introduction

4. Rohini District Court

5. Different types of Courts in Rohini court

CIVIL JUDGE AND RENT CONTROLLER AT ROHINI

COURTS

DISTRICT JUDGE /ADDITIONAL SESSION JUDGE AT

ROHINI COURTS

ADDITIONAL DISTRICT JUDGE AT ROHINI COURTS

FAMILY COURTS AT ROHINI COURTS

MOTOR ACCIDENT CLAIM TRIBUNAL AT ROHINI

COURTS

A.C. M.M & MM AT ROHINI COURTS

6. Structure of the court room

7. Functions of court room staff

8. Hierarchy of Prosecution

9. Case Study 1

10. Case Study 2

11. Personal Observation

I, SHANKEY VERMA student of M.A. Criminology, 1st semester,

would like to pay my sincere gratitude towards our course director Prof.

(Dr.) B.N. Chattoraj, for arranging our visit to District Court Rohini for

the purpose of understanding its organization and functioning.

I am also thankful to Mr. Narandra Singh Katyan, Chief

Prosecutor, Rohini District Court, Delhi to make us understand the Role

of Court and the role of Public Prosecutor and the Defense Lawyer in a

much Practical Way.

Shankey Verma

Particulars Of Visit

Name: District Court Rohini.

Location: Madhuban Chowk, Rohini.

Date and Day of Visit

Date Time Day

29-9-2014 10:00 AM TO 05:00 PM Monday

30-9-2014 10:00 AM TO 05:00 PM Tuesday

1-10-2014 10:00 AM TO 05:00 PM Wednesday

Purpose of Visit The purpose of the visit was to understand the working of a court, the

nature of duties of the judicial officers. The visit was to help us

understand the role of court in dispensing justice in any case, the role of

prosecutors in a case, the way cases proceed in a court, the way judges,

prosecutors and defense lawyers handle the case, the relationship of the

prosecutors and the police. This gave us an opportunity to understand

the actual need of co- ordination in the four pillars of the criminal justice

system.

The purposes of the visit as told by our college were:

to understand the working of a court and organization of Public

Prosecutor’s office

the nature of duties of the judicial officers

to help us understand the role of court in dispensing justice in any

case,

filing of chargesheet

to observe how Public Prosecutor is opening cases

role of Public Prosecutor on the point of framing charge

pre-charge hearing

role of Public Prosecutor in recording statement of witness

role of Public Prosecutor in cross examination

roleof Public Prosecutor in recording the statement of Investigating

Officer and expert.

role of Public Prosecutor in submitting chargesheet

role of Public Prosecutor in plea-bargaining

the role of prosecutors to assist Superintendent of Police

pre-sentence hearing

the way judges, prosecutors and defense lawyers handle the case,

the relationship of the prosecutors and the police.

Other miscellaneous work done by Public Prosecutor.

To understand how processes are issued and delivered

To understand the role of a court clerk.

ABOUT Court - A court is a tribunal, often a governmental institution, with

the authority to adjudicate legal disputes between parties and carry out

the administration of justice in civil, criminal, and administrative matters

in accordance with the rule of law. In both common law and civil

law legal systems, courts are the central means for dispute resolution,

and it is generally understood that all persons have an ability to bring

their claims before a court. Similarly, the rights of those accused of a

crime include the right to present a defense before a court.

District Court – The District Courts of India are presided over by a

judge. The administer justice in India at a district level. These courts are

under administrative and judicial control of the high court of the state to

which the district concerned belongs.

Prosecutor - The prosecutor is the chief legal representative of the

prosecution in system. He is a lawyer who represents the state and

conduct countries with either the common law adversarial system, or the

civil law inquisitorial criminal cases against defendants. The role of the

Prosecutor begins once the police filed the charge-sheet in the court.

The Prosecutor must conduct the prosecution on behalf of the Police

investigation. It is his/her duty to present all the facts, witnesses and

evidence before the court.

Prosecution - The prosecution is the legal party responsible for

presenting the case in a criminal trial against an individual accused of

breaking the law.

Defense lawyer - A defense lawyer is an attorney that represents an

accused party in legal matters, including in a court of law. The accused

party is known as the defendant, hence the name, defense lawyer. Represent the accused after arrest to give advice. He investigates

details of the offense on behalf of the accused. He discusses the case

with the prosecutor and tests the strength of the state’s case. He

represents the accused at bail hearings and presents an appeal.

Rohini District Court The Building of Rohini Courts Complex completed in the year 2006. This

is the most modern operational District Courts building in Delhi.

Presently cases pertaining to west and north-west District are dealt with

at Rohini Courts complex.

At present the following courts are functioning at the Rohini courts

complex:

1. CIVIL JUDGE AND RENT CONTROLLER.

2. DISTRICT JUDGE /ADDITIONAL SESSION JUDGE.

3. ADDITIONAL DISTRICT JUDGE.

4. FAMILY COURTS.

5. MOTOR ACCIDENT CLAIM TRIBUNAL.

6. ADDITIONAL CHIEF Min ETROPOLITAN MAGISTRATES & METROPOLITAN

MAGISTRATES.

Structure of the Court Complex

The Rohini District Court consisted of following:

Video Conferencing: Video conferencing facility has been made

available at Rohini District Court on the Ground Floor at Room No.

18. At present the conferencing between the Court and the Jail and

other Court Complexes including the Hon’ble High court is possible

from the Conferencing room.

Record Room: The Record Room is located on the Third Floor at

Room No. 309. The Record Room works for weeding out of the

matured Judicial Records and Consignment of files decided by the

Judicial Officers.

Library: A Library is presently functional for Judicial Officers on the

Fifth Floor.

Legal Aid Services: The office of the Delhi Legal Services Authority

has been set up on the Third Floor at Room No.306, to provided free

legal services to the needy, poor, woman, scheduled casts, children etc.

Bank & ATM: A branch of State Bank of India, its ATM apart from the

ATM of UCO Bank is situated at ground floor to facilitate easy financial

transactions by the Court Staff, Litigants, Lawyers and the General

Public.

Canteen & Cafeteria: There is a hygienic Canteen/ Cafeteria on the

2nd Floor, inside the District Court Complex which provides foods,

beverage, tea etc. for general public.

Photocopyist & Typist: Private Typists who types on the fixed rates

on the manual machines as well as on the computer and private

photostate copier for photocopy purposes are also available at Room

No. 16, Ground Floor inside the District Court Complex.

Stamp Vendors: Stamp vendors are seated near the SBI bank.

Delhi Govt. Dispensary: Delhi Govt. Dispensary is situated at

Ground Floor, inside the Rohini District Court where a Medical Officer

would be available.

Security: The District Court is fully secured. There are guards on

each exit/entry gate who after checking, allowed people to come.

Bar Association: There is office of Bar Association at Central Hall,

Ground Floor where one can contact the Lawyers.

Hawalaat Kaksh: Keeping in view the requirement/ necessity of the

same a police post and a Judicial Lock up has been set up inside the

Court Complex.

Computer Room: A Computer Branch is located on the Fourth Floor

of the Main Building. The Branch controls the computer facilities

installed at all the Courts, Branches and the residences of the Judicial

Officers and provides the necessary technical assistance to

troubleshoot the problems wherever required. The Branch manages

and maintains the stock and the record of computers and its

peripherals.

Structure of Court Room

The Court room is a hall consisting of a raised pavilion which has a

podium for the Honorable Judge with his Reader and Steno sitting on

either side on the same podium.

On a pavilion comparatively lower to that of the Judge there is a witness

and an accused box but as informed is not being used. In between the

two boxes the typist sits who types all the statements made by the

witnesses.

The prosecutor and the defense counsel stands on the bench near the

typist. Between the two counsels stands the witness and the accused

stands beside the accused box.

There is a Naib court helping the prosecutor standing just beside him.

The public attending the trial have seats provided behind the bench

where the two counsels stand.

There are cupboards in the court room to keep all the case files being

tried in the court. Even the case properties and other registers

maintained in the court by the different judicial officers.

Functions of court room staff

Reader to the Honorable judge: He maintains all the case files of the

cases being heard in the court and prompts the judge with the various

cases and other documents.

Steno of the Honorable judge: Stenographer was sitting on a slightly

raised platform under the judge. He maintains the verbatim written

record of what was being said during the trail. The main reason why a

written account is kept of the proceedings is to assist the parties if they

wish to appeal the judge's decision at a later stage. After the trial has

ended, the stenographer will transcribe everything that has been

recorded into "transcripts", which can be made available to all the parties

in the case and the judge.

Typist: Types each and everything going on in the court room.

Naibcourt: He maintains the attendance register for the witnesses and

the accused and assists the reader with the maintenance of case file. He

also calls the witness or accused inside the court room when asked by

the judge.

Hierarchy of prosecution

Director of Prosecution – Supervises over the whole Directorate of

Prosecution.

Public Prosecutor – Does Administrative work.

Chief Public Prosecutor – Allocates work to other prosecutors under

him.

Additional Public Prosecutor – Represents the state in session court.

Assistant Public Prosecutor - Represents the state in Magistrate court.

CASE STUDY - 1

FIR No. 184/13

Police Station Aman Vihar

Offence Robbery

Under Section 363/366­A IPC & 8 of POCSO Act.

Date of FIR 07-02-2014

Action Taken on FIR (Date & Time)

07-02-2014 at 4:55 PM

District North-West Delhi

Witness 2

Investigation Officer Asha Devi

Judgement 29-10-2014

Name of The Offender Kanwaljeet Singh

Victim’s Name Not Disclosed

Briefly stated the case of the prosecution that on 28.04.2013, victim T went missing from her house. The father of the victim T went to PS Aman Vihar and filed a complaint regarding missing of his daughter T, pursuant to which, the present FIR was registered against unnamed person(s) as father of the victim did not have suspicion on any particular person for having enticed away/kidnapped his daughter. During the course of investigations, IO W/SI Asha Devi made efforts to search for victim T through publication and publicity in printed as well as electronic media. On 05.05.2013, victim T was recovered from the house of the accused Kanwaljeet, at instance of Smt. Shyam Kumari, mother of victim T. The accused was also arrested. The victim as well as accused was sent for medical examination, however, the victim refused for her gynecological examination. The IO also got statement of the victim T recorded u/s 164 Cr.P.C on 06.05.2013. In the said statement, the victim stated that she had voluntarily gone to the house of the accused Manish (accused Kanwaljeet) and that she wanted to marry him and to stay with him. On 09.05.2013, the victim was produced before concerned CWC, from where, she was handed over in custody of her mother. During the course of further investigations, IO obtained relevant documents of the age of the prosecutrix from her school, as per the particulars given by the parents of the prosecutrix. As per the school certificate, the date of birth of the prosecutrix was 08.07.1995, which brought her within the scope of definition of 'child” under the POCSO Act.

Accordingly, the charge sheet was prepared and filed in this court.

CASE STUDY - 2

FIR No. 103/10

Police Station Samaipur Badli

Offence Attempt to Murder

Under Section 34,307,392,394,397 (IPC)

Date of FIR 20-01-2010

Action Taken on FIR (Date & Time) 20-01-2010 at 03:20 PM

District Outer Rohini

Witness 3 Witness

Investigation Officer Surendra Singh (SI) &

Trial From 03-09-2010 to till yet

Name of The Offender Praveen with 2 another Persons

Victim’s Name Suraj pal

In this case according to the victim Suraj pal, he sells the vegetables

in Som market of Rohini Sector 18. He was going home with his brother

at 12:15 AM, the date was19th April 2010. At the road three peoples

surrounded him and robber him to see the knife, that time his brother

was not there. His brother talking with his friend on mobile, but when he

saw this then he run to save his brother.

To saw this one person attacked with knife on Suraj pal and rob

Rs.3400 and run away. After that his brother called the police and

admits him in a hospital. The police recorded the statements of both the

brothers and after the investigation police arrested all the offenders. All

the offenders confess their offence.

Personal Observation The Rohini District Court started functioning on February 2006 and is

much modern in its infrastructure. Every court room is properly furnished

and air-conditioned. There were seats for the visitors for the open trial.

The District Court is built in the area measuring 75,000 sq.

yards upto fifth storey. It consists of 56 courts and various branches

which include one Library, Delhi Legal Aid Services (DLAS)

Office, Mediation Centre, one Copying Agency, Record Room, Office of

Bar Association, Nazarat Branch, Conference Hall, Administration

Branch, Bail Section, RTI Cell, Computer Branch, ACMM Office, Account

Branch, ACJ Office and various other Branches and Lawyers Chambers.

Different court rooms were dealing with different types of cases. In some

court room only cases related to rape were being tried while in some

court room only cases related to NDPS Act were being tried and so on.

There was a police officer at the entrance of the court room without

whose permission nobody was allowed to enter the court room. The

people concerned with their cases were waiting outside the court room

and the police officer was making call to them. Every accused person

was taken to the magistrate by a police officer. There were seats outside

the court room also for the people.

The atmosphere inside the court room was quite and calm. Everyone

was doing his duty quietly. Nobody was allowed to talk on phone in front

of the magistrate. Everybody has to pay due respect to the judge while

entering the court room. The steno of the judge was maintaining the

orders of the judge. The reader to the judge was maintaining all the case

files of the cases being heard in the court and was prompting the judge

with the various cases and other documents.

The naibcourt was maintaining the attendance register for the witnesses

and the accused and assisting the reader with the maintenance of case

file.

Critical Analysis

“Justice delayed is justice denied”

The first and the foremost problem that is being faced by the Indian

judiciary are of speedy and fair trials. Almost all the cases that were

being tried in our court room were being adjourned either due to lack of

proper investigation or lack of witnesses/proofs or on the appeal of the

lawyers. In my three day visit to the Rohini District Court, the judgement

was pronounced by the judge in only a few cases. This has led to

increase in burden over judiciary. Thus, there is an urgent need to look

upon this problem.

Another major problem that I observed inside the court room was of the

hostility of the witnesses. The witnesses were changing their statements

at the last moment. This is another important factor that leads to delay in

giving justice.

A few people were fighting inside the district court complex regarding

their case and were abusing each other. No appropriate steps were

taken by the security guards to stop these fights.

There was negligence in security at the entrance gate of the district court

complex. Some people were entering the court without the security

check of their belongings and the security officer was not taking the note

of the same.

No proper parking management system was there outside the district

court complex which was creating problem for the nearby residents.

Moreover this was creating traffic problem also.

The walls of the court complex had the marks of tobacco spits and no

penalty was being imposed on the culprits.

SUGGESTION

S Though the judiciary is doing its best in establishing a true democracy, it

needs some reforms also:

There should not be much delay in giving the judgements of the

cases as this leads to increase in burden over the work of judiciary.

The investigation agency i.e. the police and the prosecution play an

important role in this. They must do their work sincerely and timely to

curb this problem.

Strikes by the prosecution should be avoided so that speedy trails

can be done.

Security department should do its duty properly as court complex is of

great importance.

Parking system outside the court complex should be managed

properly either by MCD or some private player.

No doubt that was complete silence inside the court room and

everybody was paying due respect to the judge but the same should

be followed outside the court room by the litigants in order to maintain

a peaceful environment.

Encourage alternative dispute redressal system to resolve the petty

disputes, family disputes etc. to decrease the workload of the

judiciary.