Chandigarh coming up with directorate of prosecution to build stronger cases

Manu Kakkar, a district attorney (DA) with Chandigarh, said this move will significantly aid the police in framing chargesheets with appropriate sections and evidence, thereby building airtight cases

Chandigarh is set to establish its own Directorate of Prosecution to streamline coordination between police and legal authorities, aiming for more efficient handling of cases, particularly those involving serious offences.

This new initiative, proposed by the Chandigarh home department to the Union ministry of home affairs (MHA) and awaiting approval, will feature a director of prosecution, along with several deputy directors and assistant directors. (HT Photo)

This new initiative, proposed by the UT home department to the Union ministry of home affairs (MHA) and awaiting approval, will feature a director of prosecution, along with several deputy directors and assistant directors. Each police station will also have its own legal representative to assist in the timely preparation of chargesheets.

Manu Kakkar, a district attorney (DA) with Chandigarh, said this move will significantly aid the police in framing chargesheets with appropriate sections and evidence, thereby building airtight cases. “It will ensure that all legal aspects are thoroughly considered during the preparation of chargesheets, making them more effective,” he said.

Currently, the system is rife with challenges, with two police officers in Chandigarh recently facing disciplinary action after a bail was granted under the NDPS Act due to the failure to file the chargesheet within the required timeframe.

Mandated under new criminal laws

The new criminal laws mandate that the Director of Prosecution will oversee cases involving severe crimes, such as those punishable by 10 years or more in prison, life imprisonment or the death penalty. Responsibilities will include expediting legal proceedings and advising on the filing of appeals. Deputy directors will manage cases with penalties ranging from seven to ten years, ensuring their swift resolution. Assistant directors will handle cases with lesser penalties, specifically those punishable by up to seven years.

Candidates for the director of prosecution will need at least 15 years of experience as an advocate or service as a sessions judge. Similarly, assistant directors will be required to have a minimum of seven years of experience as an advocate or have served as a magistrate of the first class.

Currently, legal matters in the UT are managed by the law department of the Chandigarh administration, led by the legal remembrancer, who also serves as the director of prosecution. This department includes two district attorneys, five deputy district attorneys and a team of 14 assistant district attorneys. Their functions encompass providing legal advice, vetting statutory notifications, appointing government counsels and monitoring court cases related to the Chandigarh administration.

District attorneys play a crucial role in assisting the police during investigations by advising on the lawful gathering of evidence and ensuring that procedures are followed to strengthen the case. Before charges are filed, DAs review the evidence collected by police to confirm its sufficiency and legality, ensuring it is robust enough to withstand scrutiny in court.