The Karnataka Government has lost more than twice the number of cases comparing the victory in the lower courts, as per the official data which points out the gaps in the advocacy performance of the state’s public prosecutor.
For 2019 and 2020, the government has marked the orders issued by the court going against its favour in 12,153 cases. This will be clashing with the number of the cases won by the government which accounts to the cases won by the government according to the data tabulated by Law and Home Minister Basavaraj Bommai in the legislative Assembly Show.
The numbers are a reflection that the district attorneys are doing their advocacy performance effectively to fight the cases representing the government. Former Advocate General A S Ponnanna stated, ““Failure in prosecution has so many dimensions. Prosecution commences from the complaint, but sometimes the complaint itself can be flawed. Secondly, it’s about the investigation. Presently, we deal with a lot of evidence related to IT and digital crimes; our investigators don’t have the competence.”
“What the prosecution has collected as evidence and what the courts want for a conviction unfortunately do not match in most cases. That’s why we have 95% acquittals across India,” Ponnanna further added.
From the data, it can be interpreted that the success rate of the government is comparatively higher for the cases where it is being petitioned by the government.
For the year 2019 and 2020, the government had received court orders affirming its favour with 49 per cent from the 2,054 cases it lodged. However, amid the same time frame, the government won a mere 20% from the 14,848 cases.
Special public prosecutor H D Chandramouli said, “There are three problems… There’s a lack of coordination between the home department (police) and the law department (prosecutors). Then there’s a lack of commitment. Also, there’s a lack of proper training.”
The investigating officials generally have the notion about the work done by them is complete once the the charge sheet is filed, said Chandramouli. He said, “But the criminal rules of procedure state clearly that that’s not the case.”
Bommai remained silent over the subject, however amid the session he mentioned about the prosecutors were deployed under the Karnataka Law Officers Rules, (Appointment and Conditions of Service) 1977.
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