Loopholes in the legal process

It is with shock that we read a report in this daily of how gaps between law enforcement and the prosecution process have led to suspected militants getting bail, allowing them to carry out militant activities again. According to police and court sources, at least 500 suspected militants have got out on bail over the last few years. This is a big number and a dampener in the efforts of all those forces working hard to catch militants and their masterminds.

The reasons behind this gross anomaly that is nullifying all counter terrorism efforts are the loopholes created by inefficiency and negligence. The police, who through intelligence gathering and investigations manage to catch the suspects, are frustrated by the public prosecutors failure to establish a case to make sure they do not get bail. The public prosecutors blame the police for flaws in the investigations and in the filing of cases. And the judges complain about the poor performance of both the police and the public prosecutors since they have to go by the evidence produced in passing their order. There is also a lack of information sharing between the police and prosecutors in the lower courts and the Public Prosecutor.

Such shoddiness in a matter as crucial as the trial of suspected militants is unacceptable, given the horrific attacks we have had to endure. The law ministry should step in to ensue that a major overhaul in the legal process is made. The police must conduct thorough and fair investigations and file foolproof cases. Public prosecutors must be properly prepared in presenting the cases. Finally, the judicial process in militancy cases must not be processed promptly so that suspected militants do not find ways to escape the system.