HM Amit Shah Calls for Trial in Absentia Against Fugitives Posing Threat to National Security

Reviewing the implementation of the three new criminal laws with a delegation of Madhya Pradesh government, Shah also emphasized the need for a robust legal aid system to ensure justice for the underprivileged and stressed the importance of providing necessary training for this purpose.

Union Home Minister Amit Shah said on Friday that in cases related to national security, trial in absentia should be initiated against fugitives who have been running away from the country for a long time.

Reviewing the implementation of the three new criminal laws with a delegation of Madhya Pradesh government, Shah also emphasized the need for a robust legal aid system to ensure justice for the underprivileged and stressed the importance of providing necessary training for this purpose.

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He said it is the government's responsibility to ensure proper legal representation for the poor.

He said that in matters of national security, trial in absentia should be started with the fugitives who have been absconding abroad for such a long time.
Referring to provisions of Indian civil security code, the home minister said there are provisions for trial in absentia, which would also allow action against such fugitive offenders.

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He also requested the Madhya Pradesh government to ensure that funds allocated under Inter-operable Criminal Justice System (ICJS) are utilized strictly in accordance with the standards set by the central government.

During the discussion, Shah mentioned that the core of the three new criminal laws introduced by the Modi government is delivering justice within three years, from the filing of an FIR till the verdict comes from Supreme Court.

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The Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam, which came into effect on July 1 last year, replaced the colonial-era Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act of 1872 respectively.

Appreciating the efforts so far made by the Madhya Pradesh government in the implementation of new criminal laws, the home minister emphasized that it should be done 100 per cent in the state at the earliest.
He also said that senior police officials must evaluate whether the case qualifies for the application of sections related to terrorism and organized crime before they register cases.

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He emphasized that any misuse of these legal provisions would undermine the sanctity of the new criminal laws.

Shah emphasized the need for continuous monitoring of conversion of Zero FIRs into regular FIRs. He also suggested establishing a system to enable the transfer of FIRs between two states through Crime and Criminal Tracking Network & Systems.

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He emphasized that there should be more than one forensic science mobile van in every district. He also emphasized the need for an adequate number of convenient places in hospitals and jails to record evidence through video conferencing.

The home minister said the police should provide information about individuals detained for interrogation on an electronic dashboard.

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Details of seizure lists and cases sent to courts should also be made available on the dashboard.

He asked the state's police chief to keep a close watch on these matters continuously.

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Shah mentioned the recruitment of officers with expertise in forensic science and suggested that the Madhya Pradesh government should sign an MoU with the National Forensic Science University for this purpose.

He noted that Madhya Pradesh is a leader in the implementation of e-summons and urged the state government to establish a system where officials from other states can visit Madhya Pradesh to understand the successful implementation of e-summons.

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He further recommended that the Madhya Pradesh Chief Minister monitor the implementation of the three new laws on a monthly basis, the chief secretary every 15 days, and the Director General of Police on a weekly basis in consultation with officers from all relevant departments.

He also instructed the DGP to sensitize all police personnel to the fact that timely justice should be the prime objective.

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