INTRODUCTION

Intervention is a process through which a non party person also known as an intervener can be allowed to seek for joining an ongoing case with discretion of the court. Intervention is a tool for such third party persons who can be affected by the judgement in a particular case, so they can seek intervention and have the right to be heard.

An intervention application can be filed by any person or entity who has a direct interest in a case or proceeding and wishes to participate in it in order to protect their rights or interests. This can include individuals, organizations, government agencies, or other parties who believe that they will be affected by the outcome of the case and want to have a say in the proceedings.

In the realm of criminal law in India, intervention applications serve as a crucial mechanism for broadening the scope of legal proceedings and ensuring comprehensive justice delivery. They allow individuals or entities beyond the main parties involved in a case to participate actively, thereby enriching the legal discourse and safeguarding diverse interests.

WHAT IS CRIMINAL INTERVENTION APPLICATION?

A formal request made to a court by a third party with a stake in the result of the criminal case but not directly involved in it is called a criminal intervention application. The intervenor is a third person who requests permission to enter the courtroom in order to offer information, arguments, or evidence that might affect the outcome of the case. Applications for interventions can occur in a variety of settings, including:

1. Victim Rights Organisations:

To guarantee that the victims’ rights and interests are fairly represented and safeguarded throughout the trial, victim advocacy groups may step in.

2. Public Interest Groups:

Groups that work on more general social concerns, such civil rights, could get involved in disputes when the resolution could have a big impact on the law or public policy.

3. Government authorities:

Occasionally, federal or state authorities may choose to get involved in legal disputes that have the potential to affect enforcement procedures or regulatory frameworks.

4. Individuals:

Individuals may also apply for intervention if they can show that the case’s decision would directly impact their rights or interests.

When considering these applications, the court looks at the intervenor’s potential legitimate interest and whether or not their involvement would add insightful viewpoints without unnecessarily complicating or prolonging the proceedings. Legal precedents and the particulars of each case are taken into consideration by the court when determining whether to approve or reject the application.

TYPES OF INTERVENTION APPLICATION

In India, various types of interventions can occur in criminal proceedings, each serving specific purposes and involving different stakeholders. Here are the primary types of criminal interventions seen in India:

1. Victim Intervention:

To guarantee their views are heard and their interests are represented, victims of crimes have the right to actively engage in criminal proceedings. This could entail making a claim for reimbursement, offering testimony, or voicing opinions regarding the proper penalty for the accused.

2. Public Interest Litigation (PIL):

PIL is a potent tool that allows people or groups to enter the criminal justice system on behalf of the general public. Frequently, the goals of these interventions are to defend constitutional rights, deal with systemic problems, or push for legislative changes that will improve society as a whole.

3. Expert Intervention:

To offer specific expertise and analysis, experts from a range of disciplines, including criminology, psychology, medicine, and forensic science, may get involved in criminal cases. Their knowledge can be utilised to assess crime scene reconstructions, explain complex elements of the evidence, or shed light on the accused’s mental condition.

4. Government Intervention:

To maintain public order, enforce compliance with rules and regulations, or pursue offences deemed harmful to society’s well-being, government agencies or authorities may get involved in criminal cases.

5. NGO and Civil Society Intervention:

To represent underrepresented communities, promote human rights, or deal with issues of social justice and equality before the law, non-governmental organisations (NGOs) and civil society groups may interfere in criminal cases.

6. Witness Intervention:

In criminal trials, witnesses who possess pertinent information about an offence may step in to testify or offer evidence that is essential to the case. Their involvement aids in gathering evidence and establishing the accused’s guilt or innocence.

Every kind of intervention is essential to guaranteeing the accountability, fairness, and transparency of India’s criminal justice systems. Interventions help achieve fair outcomes in criminal justice systems by enabling a variety of stakeholders to actively participate in the process and gain a more comprehensive grasp of the issues at hand.

WHO CAN FILE A CRIMINAL INTERVENTION APPLICATION?

Under Indian criminal law, various stakeholders may file intervention applications, including:

1. Victims and their legal representatives:

Victims of crimes or their authorised representatives frequently try to get involved in order to defend their rights, offer proof, or push for particular results in terms of restitution or justice.

2. Civil society organisations and non-governmental organisations (NGOs):

These organisations may apply for intervention in situations involving systemic violations that harm disadvantaged communities or matters of public interest.

3. Professionals and specialists:

People with specific knowledge, such criminologists, medical professionals, or forensic experts, may step in to offer analysis or technological know-how that is vital to the case.

GROUNDS UNDER WHICH INTERVENTION CAN BE ALLOWED

Intervention applications in Indian criminal law may be allowed on the following grounds: 

1. Direct Interest:

Using a personal investment, their area of expertise, or the possibility that the case’s decision may affect their rights or interests, the intervener must show that they have a direct and substantial interest in the case’s subject matter.

With regards to the above ground, the Supreme Court in Kerala Samsthana Chethu Thozhilali Union v. State of Kerala held that an organisation could intervene in criminal proceedings if it could demonstrate a direct interest in the subject matter of the case, such as protecting the interests of its members who are affected by the outcome of the criminal trial.

2. Public Interest:

Policies that preserve fundamental rights, ensure accountability, or address systemic challenges are generally favoured because they serve the larger public interest.

In the case of State of Punjab v. Gurmit Singh, the Supreme Court emphasized that public interest litigation (PIL) can be initiated by any person or organisation for the enforcement of fundamental rights of an aggrieved person or group. This broad interpretation allows for interventions in criminal cases that impact public rights or address systematic issues.

3. New Evidence or Viewpoints:

In order to promote a more thorough comprehension and equitable settlement of the issue, intervenors may present fresh evidence, professional judgements, or different legal points of view.

In the case of CBI v. Prakash Singh Badal & Ors., the Supreme Court allowed interventions where new evidence or viewpoints were presented that could lead to a more comprehensive understanding of the criminal case. The court emphasized the importance of presenting fresh evidence, professional judgments, or different legal perspectives to promote a thorough and just resolution of the issues involved in criminal proceedings.

GROUNDS UNDER WHICH INTERVENTION CANNOT BE ALLOWED

However, intervention applications may be denied or restricted under certain circumstances, including:

1. Lack of Standing:

Lack of standing occurs when an intervenor is unable to demonstrate a clear and compelling interest in the case to support their involvement.

In the case of Pandurang Ganpati Chaugule v. Vishwasrao Patil Murgud Sahakari Bank Ltd., the Bombay High Court held that an intervener must establish a direct and substantial interest in the subject matter of the criminal case to be allowed to intervene. Lack of such standing can lead to the intervention application being dismissed.

2. Delay or Prejudice:

Interventions that unnecessarily prolong legal procedures or infringe upon the rights of the principal actors, including the state or the accused, may not be accepted.

In the case of State of U.P. v. Anil Singh, the Supreme Court observed that interventions that cause unwarranted delay or prejudice the rights of the accused or prosecution may not be permitted. The court emphasized that criminal trials should proceed without unnecessary hindrances caused by interventions.

3. Vexatious or frivolous Applications:

Usually dismissed are frivolous or vexatious applications that are made with the intention of harassing or delaying the proceedings.

In A. Alagiriswami v. CBI, the Madras High Court dismissed an intervention application as frivolous when it was found to lack substance and was aimed at delaying the trial proceedings. The court stressed that intervention applications should not be used as a tool for vexations litigation.

CASE LAWS 

1. Sheela Barse vs. State of Maharashtra (1983):

This landmark case recognized the right of victims to intervene in criminal proceedings, emphasizing their entitlement to fair treatment and active participation in the justice process.

2. P. Gupta vs. Union of India (1981):

In this case, the Supreme Court broadened the scope of public interest litigation (PIL), allowing for interventions in criminal matters where constitutional rights or public interest issues are at stake.

3. Aruna Shanbaug vs. Union of India (2011):

The intervention by NGOs and medical experts played a pivotal role in shaping the court’s decision regarding euthanasia laws in India, highlighting the impact of expert interventions in sensitive legal issues.

CONCLUSION

In Indian criminal law, intervention petitions are a vital means of advancing equity, inclusion, and transparency in the legal system. Through the inclusion of a variety of stakeholders and their perspectives, these applications enhance the adjudication process and preserve the values of justice. Intervention applications will continue to be crucial in resolving conflicts and guaranteeing just results for all parties concerned as legal frameworks and societal dynamics change.

REFERENCES

1. “Criminal Law in India” by Dr. K.I. Vibhute
2. “Law of Criminal Procedure” by Ratanlal & Dhirajlal
3. Article on “Intervener’s Rights and Obligations: A Comparative Study” by Prof. A.K. Lakshmanan.
4. Article on “Public Interest Litigation in Criminal Proceedings: A Critical Analysis” by Prof. Usha Ramanathan.
5. https://www.ebc-india.com/lawyer/articles/2005_2_75.htm#:~:text=Thus%20it%20is%20seen%20that,about%20trial%20before%20a%20Magistrate
6. https://districts.ecourts.gov.in/sites/default/files/admsptdt13022020.pdf
7. https://districts.ecourts.gov.in/sites/default/files/WORKSHOP-21092019.pdf

 BY,

GAURI DANGI