A bullet in the hand for the rule of law

In Satendra Kumar Antil Vs Central Bureau of Investigation (2022)The Supreme Court expressed displeasure With the current status of the criminal justice system of India. The court observed that there is little respect for violation of basic human rights. It was clear that indiscriminate arrest was a sign of a colonial mindset and To give India the impression of being a “police state”,

It is not that the court has said something which has not been said before. But the important message that agencies should be courteous to both crime suspects and convicts was clear. The court’s words were loud and insightful. Highlights of the court’s comments were an emphasis on protection of basic human rights, an emphasis on expediting the pace of trials and suggestions for a new Bail Act, which was in line with existing UK law.

role of court

The gravity of the court’s charge was that law-enforcement agencies make too many arrests in violation of basic human rights. However, the fact remains that members of the lower judiciary often ask investigating officers why they did not arrest some suspects while arresting others. Often, courts suspect that the police lack integrity in discriminating between the accused. One often wonders whether a magistrate or a judge has the right to question the discretion of the police in the matter, unless there is prima facie injustice to the arrested person. The scathing remarks of the courts create fear among the lower strata of the police and lead them to take impulsive and suspicious action, even where arrest is not warranted. Judges sometimes go into the specifics of an ongoing investigation, which is undesirable to balance police action.

Arrest and imprisonment in police custody or judicial custody often smacks of vengeance. An average police officer always believes that it is only in the chain of custody that a suspect can find out the truth. This is unfortunate. It is sad that in our country the practice of arresting suspects continues to be the style of the police. The need for cultural change in the police at all levels has never been felt more than now. Justice Krishna Iyer said Rajasthan State,Jaipur v. Balchandoaka Baliye (1977): “The substantive rule is bail, not jail, except where there are circumstances leading to escaping justice or thwarting the course of justice or committing repeated offenses or intimidating witnesses and causing such other troubles by the petitioner.” Indicates. Demand for extension of bail from the court. That bail is the rule and jail exception has been reiterated in many judicial and other forums. It has been violated by the police in cases where they have been given discretion as well as by lower courts. Some of whom are harsh towards those presented before them.The Supreme Court’s latest order should awaken their conscience and make them understand that when they grant bail, they are not donating but Implementing the instructions of the law.

reference to the apex court in Satender Kumar The case of the UK Bail Act is apt. The gist of that law is that arrest should be rare, and bail provisions should be simple even for an illiterate citizen. There is a provision for electronic surveillance of those released on bail. This is something new, but practical, at least in urban India. The court’s recommendation that India should consider a similar law is welcome. However, a cynical view is that existing legal provisions, particularly the Code of Criminal Procedure, are sufficient to deter the overzealous practices of law enforcement agencies.

congestion problem

The Supreme Court also drew attention to the problem of prison overcrowding, with attendant issues such as corruption, crime and sanitation within prisons. A large number of prisoners are undertrials. There are two diseases here. One, judicial custody is emphasized during trial, which is different from what is practiced in many countries, notably the UK, where the granting of bail is much more lenient. And two, the court proceedings are harrowing as a result of the collusion between the key players in the scene. This condition has been discussed with only minor effect.

Ultimately, it all boils down to a change in mindset, which cannot happen unless the political and bureaucratic leadership is convinced of the role of ethics, which is in short supply these days in public life, the criminal justice system. shaping and administering. The inevitable belief of the majority of Indians is that we have a system that is arbitrary and cruel and has to change.

RK Raghavan is a former Director of CBI and is currently Professor of Criminal Justice and Police at Jindal Global University, Sonepat, Haryana.