The recently introduced protocol to be followed while producing accused persons before magistrates, and doctors for medical examination, may lead to violation of Constitutional rights and the misuse of the law by the police, fear State prosecutors.
The protocol was introduced following the murder of Vandana Das, a house surgeon at the Kottarakara Taluk Hospital who was stabbed to death last year by an accused who was taken to the hospital for medical examination.
It states that the police may produce the accused before the magistrate between 10 a.m. and 5 p.m. If produced after 7 p.m., the prosecutor concerned shall personally appear before the magistrate and explain the reason for the delay. Apprehending that the specific provision may derail the spirit of the criminal justice system and destroy the concept of a prosecution, which shall be independent of the police and the investigation mechanism, M.S. Girish Panju, Director of Prosecution (Administration), has taken up the issue with the State government.
