The Hindu : Jaitley's tips for criminal justice reforms

Online edition of India's National Newspaper
Friday, Feb 20, 2004

New Delhi

New Delhi

Jaitley's tips for criminal justice reforms

By Our Staff Reporter

NEW DELHI, FEB. 19. The Union Minister for Law and Justice, Arun Jaitley, has said that a large number of cases result in acquittal owing to witnesses turning hostile due to bribery, intimidation or undue delay in settlement of cases. It has, therefore, been suggested that the statement of the witnesses should be recorded under oath in the presence of a magistrate, he added. Mr. Jaitley was talking about reforms in criminal justice system as part of Delhi Police Week celebrations here today.

Mr. Jaitley pointed out that if it comes to light that the witness was misleading the court, strict action could be taken against him. Giving the example of civil complaints against debtors and defaulters by banks and financial institutions, the Minister said over 1.10 crores complaints were lying in the courts and conviction is obtained in probably one case a year because respondents keep misleading the court. "Since there is no punishment for perjury, the courts have to live with the situation," he said.

Another suggestion being forwarded was to try and implement the plea bargain provision. However, it can be done only when the system can promise higher number of convictions, rather than acquittals, for the provision to be a success. Plea bargain is a provision in which the accused is given a chance to accept his guilt in the first instance and attract a lighter punishment. Later, however, if his guilt was proved he would be handed out tougher punishment for the same offence. "But if the possibility of acquittal is high, the accused would rather risk running a trial than accepting his guilt in the first instance," explained Mr. Jaitley.

Making several offences compoundable, in which heavy fines and settlements are provided for, was another method of reducing the burden on the courts. He suggested that the number of judges in the country should be increased in a phased manner.

Integration of technology with the judicial procedure was one area where there seemed to be no dispute and which was also the need of the hour, the Minister said.

Stressing that there was a need for making the criminal justice system fair and expeditious, the Minister said issues like right to silence, presumption of innocence of the accused and the level of proof needed will have to be discussed in right earnest.

Presiding over the function, the Delhi Lieutenant-Governor, Vijai Kapoor, said there was an attitude of consensus of convenience.

"We want to have the strongest laws and regulations but do not want them to be implemented," said Mr. Kapoor.

The Delhi Police Commissioner, Krishan Kant Paul, said the system, based on archaic laws, was working against its own good and the common man was the ultimate sufferer.

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