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Revamp criminal justice system: K.G. Balakrishnan

Kochi: Chief Justice of India (CJI) K.G. Balakrishnan has said that the mechanisms, both preventive and deterrent, in the criminal justice system need to be revamped and infused with the spirit of human rights values to strike a balance between the concerns of security agencies and the protection of people’s constitutional liberties.

Inaugurating the S. Eswara Iyer Memorial Law Lecture – 2008 here on Saturday, the Chief Justice said the security agencies should adopt a strategy that aimed at securing the confidence and support of the people while fighting any threat to internal security. Arbitrary high-handedness and human rights violations by security agencies “greatly alienate the people.” Though strong measures are required to counter anti-national elements, respect for human rights needs to be maintained. An appropriate legal framework, particularly in criminal justice, will go a long way in supporting law-enforcement agencies and making them legitimate in the eyes of the citizen. There is urgent need to envisage an effective criminal justice system capable of dealing with all these issues.

The Chief Justice said that criticism against the use of anti-terrorists laws underlined the necessity for establishing a “human rights-based system”.

Delivering the keynote address on national security and civil liberties, Beverley MacLachlin P.C., Chief Justice of the Canada Supreme Court, said that “striking the right balance between national security and civil liberties is an ongoing challenge around the world.” She said the challenge for legislators and courts was to maintain civil liberties to the maximum extent possible while protecting society against terrorist attacks. The task is not easy.

They care nothing for individual liberties and democracy. “If we prize our liberties and the history that enshrines them, we cannot let those who seek to destroy these very things prevail. That would be the end of all our vaunted liberties.” She said it would be equally disastrous to jettison our liberties in the name of fighting terrorism.

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