An Open Letter to Mr. Justice J. S. Verma
Even as you lordship’s suggestion box must have been deluged with several suggestions by “we, the people”, some of the following issues need equal consideration:
The Justice Delivery Mechanism begins with Public Servants and Judges hence there is an urgent need to revisit Section 197 of Code of Criminal Procedure, 1908 in the light of Nuremberg principle. The Nuremberg principle be applied in India, as other principles of law and international treaties have been applied in cases such as Nilbati Behera by your Lordship.
This would help the courts fasten liabilities upon individual Police officials for their acts in incidents such as public protests and handling of several cases which they otherwise do in the course of their service. Secondly, since everyone would be conscious of Damocles sword they would act more responsibly towards the citizens in general and other normal circumstances. This would also help in Police Reforms in so far as in the long run it will get the Police System rid of Shrimaan Saahab Bahadur system of feudalism prevalent within their own organization. Need of the hour is to have policing system like Israel. Since the Executive and Legislature have failed and shall not, for political reasons, devise and implement such laws, this can come only through such an activism on the part of the Judiciary.
Let every Police official be ordered to address the member of the public as Sir. Automatically, the public would also address them as Sir or Officer. After all, respect begets respect. This would help bridge the confidence and trust deficit between the public at large and police.
Let there be transparency in the conduct of trial. They need not disclose the case diary in so far as Investigation Process is concerned. Information such as action taken by the Police before the registration of FIR, at the stage of registration of FIR, after the registration of FIR however be made transparent. There should be CCTV cameras at the Duty Rooms to keep a watch over the actions of the Police personnel responsible for registration of FIRs. That is the first stage where a victim/complainant is denied redressal of his grievance. Let the conduct of the Duty Room officials be made accountable. At the same time, an Action Taken Report be submitted to a Senior Police Official through proper channel, after each and every dial of 100, after attending to the complainant or caller and getting his signature of having attended to him.
After taking care of this first step towards taking cognizance of the case, a time bound approach be adopted to complete the investigation. Only some such matters which are very complex in nature require 90 days to investigate. This time limit fixed by the law, therefore be checked and the Investigation Officers be asked to submit a work-done sheet with proper explanations of each single day’s work in a case.
Once the matter goes to the Court, even there, a time limit be fixed for completion of a case, be it framing of charges or trial. This would require recruiting more number of officials in the Judicial System, so let that be done. We require good Judicial Academies across the nation, which are functional in true sense. There should be some kind of a rigorous examination system at these Judicial Academies where the candidates should succeed based on their merits and not reservation.
Last but certainly not the least, resources need to be properly allocated for recruitment of more police force for security of the non-VIPs i.e. We, the people (also), since we are the only people who matter to the entire criminal justice system and we are the only people to whom the criminal justice system matters too.
Ajay Brahme
Advocate, Delhi