Charge sheet scrutiny is not a case of prying eyes

Source– The post is based on the article “Charge sheet scrutiny is not a case of prying eyes” published in The Hindu on 4th February 2023.

Syllabus: GS2- Functioning of judiciary

Relevance– Issues related to Criminal justice system

News–  The Supreme Court has ruled that a charge sheet filed against an accused in a criminal case is not a ‘public document’ under the ambit of the Right to Information Act 2005 or the Indian Evidence Act.

What is the reasoning provided by SC in this decision?

In the Court’s view, the charge sheet is different from the FIR. It cannot be shared with anyone other than the accused and the victim. A charge sheet is a comprehensive account of the crime in question.

It has vital information such as a list of prosecution witnesses and documents in support of the investigating officer’s conclusions.

The details contained in these documents even before a trial begins would be detrimental to the accused and the victim.

What are the arguments against the decision of the SC?

The judgement seems to contradict an order passed by the Court in Youth Bar Association of India vs Union of India (2016). It directed that the FIR should be on the relevant investigating agency’s website within 24 hours of its registration.

In earlier days of the Republic, confidentiality was the tradition of the judiciary. Courts were a sacrosanct institution. The slightest criticism of judicial decisions invites contempt and punishment.

We now have a situation where judges are often criticised in the media for judicial decisions that are unconventional.

It is true that vested interests might engage in finding loopholes in the charge sheet to undermine the prosecution case.

But this should not prevent the public from access to the charge sheet before commencement of the trial. It should not be denied an opportunity to evaluate the quality of an investigation.

Critical analysis by an outsider has the potential to enhance the soundness of an investigation. It can prevent prosecution against innocent individuals.

A trial court will actually benefit from outsider scrutiny of the prosecution case if a charge sheet is made available to the public.

A chance for the public to study a charge sheet will ensure that prospects of loosely framed charge sheets will be fewer.