The Hindu : Tamil Nadu / Chennai News : Changes to criminal procedure code opposed

Online edition of India's National Newspaper
Wednesday, Jun 29, 2005

Tamil Nadu

Tamil Nadu - Chennai

Changes to criminal procedure code opposed

Special Correspondent

Advocates association takes out rally in the city

CHENNAI: The Madras High Court Advocates Association (MHAA) took out a rally on Tuesday protesting the proposed amendments to the Code of Criminal Procedure.

Led by the association president S. Prabakaran, the participants shouted slogans against the Centre for proposing the amendments and wanted the proposals to be put on hold. The Centre must conduct talks with advocates associations before introducing any change in the Code, he said.

"Ill effects"

The association took out a campus rally on the High Court premises, and then sent memoranda to the President, the Prime Minister, the Chief Justice of India, the Chief Justice of the Madras High Court, the Union Law Minister, the Chief Minister and the Governor, highlighting the "ill-effects" of the amendment.

They said the proposed introduction of a new Section 25-A, enabling the State Government to establish a Directorate of Prosecution consisting of a Director and an unlimited number of Deputy Directors of Prosecution would take away the independent practice of advocates being appointed as public prosecutors.

Such public prosecutors would be under the control and supervision of the Director, the memorandum said.

It said the amendment to Section 389 of the Code gave enormous power to the public prosecutor in matters of offences punishable with death sentence or life imprisonment. "If this amendment is given effect to, no accused charged for an offence attracting death penalty and life imprisonment or imprisonment for a term of not less than 10 years would be able to come out on bail," it said.

The most controversial amendment, according to the memorandum, was Section 438 as per which the court would not pass orders on anticipatory bail pleas unless the petitioner made himself available in court. This provision would cause embarrassment to lawyers and would indirectly help the police to arrest the accused without there being any investigation into the alleged offence if his petition was rejected.

The participants requested the Constitutional authorities to withdraw the amendments to the Code of Criminal Procedure which, according to them, provided police with enormous powers.

Meanwhile, the Federation of District and Subordinate Courts Bar Associations of Tamil Nadu and Pondicherry secretary, P. Thirumalairajan, has said the Federation members would discuss the issue at Tirunelveli on July 2. The meet would discuss the option of announcing indefinite boycott of courts, he said.

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