For a better Judicial System
Thursday, May 4th, 2006Jessica Lall murder case which was clearly an open and shut case, resulted in accquittal of all accused after 7 years long trial. Botching up of investigation and witnesses turning hostile, and some other facts, left our courts helpless in delivering justice.
The accquittal of accused turned out to be a mockery of Law and Order. Moreover, it was even more ridiculous that entire focus of people in power was just on Witness Protection. As if only a witness is the foundation of Judicial System and Law & Order.
While most of us believe that there is a need to bring in many improvements in our Judicial System.
Criminal Justice System: Criminal Justice System should be revamped in such a way that the affected party (Petitioner in the FIR) should be made as co-prosecutor in the lines of co-accused. By incorporating these changes in the system we can get rid of incompetent prosecutors.
In addition to the skill of prosecutors, the affected party may hire a talented lawyer and effectively assist the State in the prosecution and also to counter the battery of lawyers paraded before the courts by the accused side.
Speedy Trials: Normally to conclude the criminal trial for hienoous offences like murder, may take 5-7 years if there is no stay of trial by the higher courts.
So Keeping in mind inordinate delay in disposing off the matter, each and every state should have speed track / fast track courts. These courts should fix a time limit for the completion of trial. By implementing this mechanism, we can get rid of witness turning hostile. Article 21 of the Constitution of India embarks upon Right to life and liberty and this includes Right to speedy trial. Law Commission of India should come out immediately with the recommendations for ensuring speedy disposal of the cases. Both Central and State Government should wake up from its slumber and ensure fair ratio of judges with the population. On war foot step basis Ministry of Law and Justice should allocate more funds for justice delivery system including judicial infrastructure.
Recording of Witness Statements: All the statements of the witnesses should be recorded in the courts under Section 164 CrPC, instead of recording it in the PS. By deposing before the courts under Sec. 164 CrPC no witness can turn hostile. Even when for arguments sake they turn hostile, they can be prosecuted for perjury. So, by incorporating these suggestions one can take care of the witness part in dispensing of Justice.
Siezure of weapons & evidences: As in the present case the cartridges were replaced and CFSL report helped the accquittal of the accused. It opened up another vulnerability in investigation. It raises a serious alert on protection of weapons and evidences too.
So, if the cartridges had been deposed to the courts, soon after the recovery, it wouldn’t have been replaced. Besides this, it should be confirmed that all evidences are properly collected and deposed. In this case, the clothes Jessica wore, and the bed sheet, in which she was taken to hospital were never recovered. Again, the vehicle, after recovery should also have been deposed, which later in this case became an object of arguments over its place of recovery.
Technology Advancement in Judicial System: We are living in the era of E-Governance and scientific advancements in the world. We should use scientific examination and scientific reports to nail the accused. For example, in Jessica Lall murder case, the cartridges recovered from the crime spot, should have been sent to Ballistic experts / Ballistic Research Institutes in United States. With the opinion we could have easily corroborated the link of the accused.
Advanced Judicial Learnings: Sensitisation of the Judges similar to the lines of US judicial System, where judges have to undergo a frequent training / attending programs, seminars & conferences to appalate the latest developments so that they can incorporate the learnings in the justice delivery system.