Complexities have been created in reagrd of crime cases like fraudulence, money laundering, bribery, forgery with land, extortion, illegal arms trade and women and children trafficking after the Anti Corruption Commission (ACC) took charges of investigation and trial of the cases.
Police lost the power of investigating these cases and the metropolitan session courts also cannot take these cases without ACC approval.
Recently, law ministry has sent a letter to cabinet division to solve this deadlock.
The letter says that according to section 420, 462-A, 462-B, 466-469, 471 of penal code, earlier police used to investigate the crimes and magistrate court would try the case. Now, as the cases have been handed over to ACC, the magistrate cannot take up the cases for trial. Consequently, there has been a backlog of pending cases for lack of judge courts to try cases under those sections.
The letter also mentions that some cases under the penal codes are filed due to misunderstanding between the feuding parties. Usually the court tried to reconcile the sides to resolve the cases. Sometimes the accused need bail as per both sides’ consent, but magistrates can no more reconcile or issue a bail under ACC law.
The law ministry also wrote that fraudulence, cheating, treason or counterfeiting of documents committed by government officials can be tried under penal code 408, 409 and section 167 of ACC Law 2000. So, the sections 420, 466, 467, 468, 469 and 471 are no more required by ACC.
ACC also submitted a proposal to the cabinet department regarding the same issue. The cabinet division sought home ministry’s opinion on those proposals. The home ministry, as a part of building their opinion, asked for police department’s analysis and what to do on the issue. In that course, police is now seeking the power of filing and investigating cases, which may bring changes in ACC law once again.