Sunday, March 26 2006 11:47 Hrs (IST) - World Time -

New Delhi: Hostile witnesses and lack of proper application of law by the authorities concerned are responsible for low rate of conviction, Chief Justice of India Y K Sabharwal has said.

"Witnesses turn hostile during trial and lack of proper application by concerned authorities are among others the few causes for high rate of acquittals," Justice Sabharwal said in his keynote address at the national seminar on Narcotic Drugs and Psychotropic Substances here yesterday (Mar 25 2006).

This is the second time in a fortnight that the CJI has talked about hostile witness menace which has become a topic of debate following acquittal of all the accused in the Jessica Lall murder case. Earlier, he had on March 11 said it was not a new phenomenon.

Complaining that the criminal justice delivery system was already under immense pressure and needed better support, the CJI said "Justice can be delivered only when there is total support by an effective and efficient investigation and administration."

Situation needs remedial measures

"The situation needs remedial measures at once so that rule of law and effectiveness of the criminal justice delivery system are not only maintained but improved," he said.

"The rate of acquittals is a matter of great concern as it elucidates the gap between the investigation and the law," he said.

Giving example of Delhi where there are six Sessions Courts dealing with cases under NDPS Act, the CJI said during August 2003 to 2005 in 1938 cases chargesheets were filed, out of which 875 have been disposed off.

Of these, 479 resulted in convictions while 391 cases ended in acquittals and in 12 cases the accused were discharged.

"This itself shows that we need to take multi-dimensional steps to improve the quality of investigation as well as increase effectiveness of criminal justice delivery system," Justice Sabharwal said.