India’s criminal justice system on life support: KTS Tulsi

Tribune News Service

Ludhiana, August 27

“India’s criminal justice system is in the ICU and until and unless drastic measures are taken for its revival, the adage, “Justice Delayed is Justice Denied,” will be proven true.”

This was the view expressed by Rajya Sabha MP and senior Supreme Court Advocate KTS Tulsi at a seminar on the Criminal Justice System in India organised by the Ludhiana Management Association here on Monday.

Tulsi shared interesting data points to substantiate his views on the subject. He said, “There is a plethora of laws, which are repeatedly amended, while delivery of justice is pathetic due to which the conviction rate is very low, thereby failing to serve as a deterrent on those committing crimes.”

He maintained that lack of accountability and cooperation between the investigation and prosecution wings of the criminal justice mechanism were creating situations where criminals go either scot-free, or if they are charged, manage to wriggle out due to botchy investigation or lackadaisical prosecution.

Tulsi said at the current rate of settlement of cases, with its pendency status, it could take up to 300 years to clear the backlogs.

To highlight the distressing state of affairs, he compared India’s conviction rate of 21.2 per cent for cognisable crimes, as compared to the USA and Japan, which had rates of more than 98 per cent.

“Our procedural delays are resulting in a situation, wherein we have more than 60 per cent of undertrail prisoners, which by itself is a travesty of justice as we are keeping the accused under trial for very long periods and many a times without sufficient evidence or prosecution,” the apex court advocate added.

Tulsi asserted that a paradigm shift was essential for the delivery of justice and they needed to change their mindset from that of enacting more laws, increasing the sentence, denying bail as deterrents to creating a more effective and professional investigation system, better management of court procedures, reduction of holidays, modernisation of police stations and discounting the sentences.

He emphasised that judiciary be made accountable for time-based delivery of justice, and in case a case is not settled within a prescribed time period, it should lead to abatement.

The Rajya Sabha MP also attributed the sad state of affairs to unwillingness and inability to make the courts accountable for delays due to the imminent threat of being charged for contempt of court.

Tulsi attributed the rising trend of lynching to the tacit support of politicians and indifference of those who are entrusted with the responsibility for maintaining law and order.

He cautioned that if this remains unchecked, it could lead to vigilante justice and high levels of insecurity amongst the citizens.

Kamal Wadhera, president, LMA, hoped that lawmakers, law enforcers and the judiciary would take the necessary measure for the reforms of the criminal justice system, leading to a society that is able to concentrate on growth and development.