Mysuru: “Strengthening of investigating agencies is very much a need of the hour. Apart from the regular police, there should be an independent investigating agency, It’s job should be to exclusively investigate crimes,” said former chief justice of Kerala High Court Justice S R Bannurmath.
Speaking after inaugurating a national conference on ‘Multi Dimensional Approach to Criminal Justice System (CJS) in India’ organised by the JSS Law College at its premise, he said, “Police personnel have become busy providing security to VVIPs due to which they are taking more time to take up investigations including those of crime. Hence to deal with investigation issues exclusively, an independent agency on the lines of Scotland Yard should be created and headed by a proper personality.”
Speaking on the topic of Criminal Justice System, Justice Bannurmath during his inaugural address briefed about how to strengthen Criminal Justice System in India, what is happening and some suggestions based on his 45 years of experience in the judicial system. He said, “The objective of CJS and criminal law is retribution, deterrence, incapacitation, rehabilitation and restoration. But due to hindrances faced by our CJS, people have started to attack each other for no reason and take law into their own hands. Due to delay in getting justice and a lot of frustration, when the accused are caught, the public before handing them to police, thrash them black and blue. Hence it is very necessary and important to strengthen our CJS.”
“The role of a victim in Indian CJS is very limited. Except for giving evidence in the court, they play no role in the CJS. If the prosecutor is not working properly, victim can’t do anything. The latter can only say ‘bad time.’ That’s it. Hence under CrPC, the right to appeal against the offender for enhancement of sentence is very much limited. The concept in other countries-Victimology-is totally absent in our country. The present passive role of victim in CJS should be changed to most active role. The victim must have a voice to protest that this is going wrong. The victim must have a voice. If the court is failing in giving justice, he must have an independent role to challenge such order”, added Justice Bannurmath.
’48 percent posts are vacant in High Courts across the country’
“There are 24 high courts across the country. The sanctioned posts as on 2016 are 1079 but 478 posts are vacant. This discrepancy in filling the posts results not only in a delay in proceedings of a huge number of cases, but also in some cases, there are chances that the judges are unable to give attention to each and every case.
‘Search for truth in Salman Khan Case did not happen’
“Search for truth should be the guiding lines of judges. In Salman Khan Case, the deduction by the court was Salman Khan’s driver was not at the wheel and Salman Khan was not driving. Then who was driving? The judge should have searched for truth. Here, in this case, the prosecutor failed to book the convict. In Mumbai, when both ‘the driver and Salman didn’t drive’, people started ridiculing the decision that it’s Khan’s car which was drunk and caused the accident. It’s the same with Harishi murder case”, said justice Bannurmath.
