The Hindu : Karnataka News : Malimath for implementing report in toto

Online edition of India's National Newspaper
Saturday, Apr 16, 2005

Karnataka

Karnataka

Malimath for implementing report in toto

M. Madan Mohan

Criminal justice system reforms "The investigating agencies should be freed from political masters to discharge their duty diligently"

V.S. Malimath

HUBLI: V.S. Malimath, Chairman of the Committee on Reforms of the Criminal Justice System, said the quest for truth and justice for victims should be the cornerstone of the criminal justice system.

Mr. Malimath, a former Supreme judge, told The Hindu here on Thursday that the recommendations of his committee are based on these two fundamental concepts.

The committee has sought to remove factors that impede and add those that help realise the goals.

He said the panel's recommendations should be implemented in a comprehensive manner, and a piecemeal approach will not do any good. The amendment pending before the Rajya Sabha covered only a few aspects such as plea-bargaining and not the entire recommendations.

Mr. Malimath said there were indications that the Prime Minister, Manmohan Singh, is keen on early implementation of the recommendations.

He had met Sushma Swaraj, who headed the parliamentary committee on the amendment.

He offered to appear before an all-party meeting to explain the rationale behind the recommendations.

While it will be good if the Centre takes the lead in implementing the recommendations, the State Governments can take steps in areas that concern them.

Mr. Malimath said the reforms in the criminal justice system brooked no delay and that unless something immediate and tangible is done, the country may be overtaken by anarchy.

The quest for justice should be the concern of the investigating agency, the prosecution and the judges.

Autonomy for agencies

The committee had expressed itself in favour of trust in the investigating agency being restored and judges taking a proactive role to seek out the truth. Judge should be able to summon all those concerned to bring out the truth, Mr. Malimath said.

He said the investigating agencies should be freed from political masters to discharge their duty diligently.

There are enough good men within the police force who can do the job and if need be some outsiders can be recruited for the purpose, he said.

Recording statement

Mr. Malimath said there is no reason why the statement made before the police cannot be adduced as evidence.

The statement can be videographed and produced in court.

It is imperative that the victim should have an opportunity to participate in the proceedings and depose in a case.

The victim can engage his or her own lawyer instead of the prosecution and the Government should provide one if the victim is not able to afford a lawyer.

On the objections raised by human right activists regarding the recommendations of the committee, Mr. Malimath said the activists are trying to espouse the cause of the accused while the committee is concerned about securing justice to the victims, who often go uncared for.

Printer friendly page
Send this article to Friends by E-Mail

Karnataka