Let Public Prosecutors scrutinise final reports in sensitive cases before police submit them in court: Madras High Court

The Madras High Court has directed the Tamil Nadu government and the State Director General of Police (DGP) to devise a methodology so that final reports, particularly in sensitive cases, are scrutinised by Public Prosecutors before they are submitted in Court by the police..Justices MS Ramesh and Anand Venkatesh said that even though the law does not require an Investigating Officer (IO) to take the opinion of the Public Prosecutor before filing a final report, such scrutiny by a legally trained mind will help rid such report of errors, ensure that it is legally sustainable, and save the Court’s time..The Court proceeded to direct the Director of Prosecution to issue a circular to all Public Prosecutors in Tamil Nadu to deal with final reports placed before them for scrutiny at the earliest. The Court added that it is not necessary for the Public Prosecutor to give an opinion on the final report. Any defects identified on scrutiny of the final report can be informed to the investigating officer, who can then file the report in Court after rectifying the defects, the Court said. "The Circular shall also make it abundantly clear that the delay in scrutinizing the Final Report should never be the cause for filing the Final Report beyond the statutory period prescribed under the Code of Criminal Procedure and the other special laws,” the High Court further emphasised..The Court was dealing with a criminal appeal. It had earlier issued a host of directions on sensitising the State Police to carry out effective investigations. When the matter was taken up last, State Public Prosecutor Hassan Mohammed Jinnah told the Court that in compliance with its previous orders, the DGP and the State Chief Secretary had conducted an orientation programme for Public Prosecutors from across the State. This was intended to sensitise them on effective investigation and on filing final reports within the time prescribed by law.The Court recorded the submission and said it appreciated the steps taken. It then suggested that the Public Prosecutors should be encouraged to scrutinise final reports as well.In another case, the High Court had earlier held that there was no need for an investigating officer to get the opinion of the Public Prosecutor before filing final reports. Justices Ramesh and Venkatesh, however, pointed out that the said judgment did not bar investigating officers from placing such final reports before Public Prosecutors so that the legal officers may carry out a minimum level of scrutiny over such reports. The Court also clarified that it is open to the investigating officer to get such final reports scrutinised by public prosecutors. The Court further added that the Public Prosecutors should be allowed reasonable time to scrutinise the final report, if it is so placed. "It is not necessary that this procedure has to be adopted in all cases and it can be restored to in serious crimes. To that extent, the Director General of Police, Tamil Nadu can issue a clarificatory Circular," the Court added. .[Read Order]