03-17-2007, 11:33 PM
Kalam calls upon the honest to reform the system
Satya Prakash
New Delhi, March 17, 2007
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<b>Observing that those in power would resist any change towards a corruption-free society, President APJ Abdul Kalam on Saturday called upon the honest within the system to come forward and assert that it needed to be changed in the interest of one billion people of the country.</b>
"Those who are in power and are enjoying powerâ¦, by themselves (they) do not have any reason to change the system. They will even resist changes," Kalam said. Inaugurating a seminar on 'Delay in Administration of Criminal Justice' organised by the Indian Law Institute in New Delhi, he emphasised the need for a "new satyagraha" and "sacrifice" to achieve the goal.
<span style='font-size:14pt;line-height:100%'>Noting that ordinary powerless citizens by their very nature of lives can not do much and the whistleblowers were systematically eliminated by the powerful nexus of criminal elements, the President said the right-thinking people in power should come out and be ready to face the wrath of others.</span>
Punish cops colluding with criminals
Discussing the maladies plaguing the criminal justice system, Kalam suggested a three-prong strategy to deal with errant police officials.
He said police officials found colluding with criminal should be tried in a parallel court and witnesses turning hostile during trial should be given stringent punishment.
"Once his guilt is established his relatives too should be barred from recruitment in the police services for a period of time to create societal pressure," he said.
Kalam said, "A strict mechanism has to be evolved for preventing the witnesses from turning hostile. Such action should attract exemplary punishment as a crime against society."
Terming police stations as "the place of action", he said police should move fast before criminals succeed in destroying the evidence. He suggested several measures to speed up police action following an act of crime and said that every Station House Officer should be instructed that the complaint should be registered immediately.
Every police station should have a computer and SHO's e-mail should be published. A copy of mail should be addressed to a higher official, if the complaint is not registered.
Action taken report on the complaint should be time-bound, within 10 days, Kalam said and cautioned the police against putting pressure on the complainant to withdraw the FIR.
He also underscored the need "to have a time bound mechanism" for the hearing, arguing and appeals of the cases.
CJI for better infrastructure
Chief Justice of India KG Balakrishnan sought increased budgetary allocation for improving court infrastructure, particularly in trial courts. "There should be sufficient sitting arrangement for the witnesses or the clients. There should be suitable building for the proper functioning of the courts. The accused and the witnesses should have resting rooms if the trial becomes lengthy," he said.
Poor condition of undertrial prisoners
Law Minister HR Bhardwaj talked of the miserable conditions in jails and said nearly 70 per cent of the inmates, who were undertrials, lived in jails with the hardcore criminals. He underlined the need for prison reforms.
Favouring an overhauling of the criminal justice system, Bhardwaj said the basics like presumption of innocence, benefit of doubt to the accused and burden of proof on the prosecution to prove the change against the accused should remain there as these were the "golden threads" of criminal jurisprudence.
Email author: satya.prakash@hindustantimes.com