The Criminal Justice System in India by
H.R.Bhardwaj ; Published by Konark Publishers
Pvt Ltd ; 234 ; Price Rs. 500/-
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The author of the book under review Shri H.R. Bharadwaj was the Governor of Karnataka and Kerala . He had the second longest tenure in Law Ministry since independence. He introduced the concept of rural courts. He was a crusader for improvement in judicial infrastructure and computerisation of law courts. He introduced wide-ranging reforms in the field of legal aid, legal education and improvement in service conditions of Supreme Court and High Court judges.
Bhardwaj's zest for civil liberties and human rights found expression when he was senior counsel of the Supreme Court of India and earlier as a counsel for Uttar Pradesh. He served as Minister of State in the Ministry of Law and Justice from five years . He became Minister of State in the Ministry of Planning and Programme Implementation and Minister of State in the Ministry of Law, Justice and Company Affairs . He he served as Union Cabinet Minister of Law and Justice.
It is universally observed that crimes occur in every society. The litmus test of a society lies in the way its criminal justice system functions. Unfortunately, the standards of criminal justice system have been on a decline in India and efforts have been made for upholding the values cherished by the country's judicial system.
The Criminal Justice System in our country underscores the fact that the judges and lawyers have a duty towards society and their integrity and legal acumen determine the quality of justice. The State has a right to do what is fair and just while ensuring the rightful claims of citizens .
This book has thoroughly analysed the various arms of judiciary and presented the criminal justice system in a refreshingly new perspective with focus on human rights and civil liberties.
India is going through testing times with its criminal justice system. Due to some of the redundant provisions in the judicial system, human rights are gravely compromised in the country. Bhardwaj's book gives an insight into what led to the present scenario and he argues why the legitimate claims of citizens cannot be overlooked in a democratic nation. He also focuses on the role played by judges and lawyers in upholding the highest standards of the judiciary.
As Law Minister, he introduced gram 'nyayalayas', or rural courts, but it was his political handling of certain other cases such as de-freezing of Ottavio Quattrochi's bank accounts, made famous in the Bofors case, that made the headlines.
The Supreme Court of India gave the meaning to Life and Liberty during the last 75 years of Independence. However, penal laws, arbitrary arrests, faulty and biased investigations, illegal confessions continue unabated. The criminal justice is at a considerably low ebb.
Justices Bhagwati and Krishna Iyer invested new meaning to law. According to them, "Bail is the rule and refusal is an exception". The rule has been diluted and no bail has become the rule.
The book is a classic review of several connected topics such as the working of the police, the public prosecutor, the magistrates and other courts, the condition of prisons and the remand homes.
The legal profession will have to play a more dynamic role in the shaping of a modern legal and judicial system.
Bhardwaj provides a historical analysis of Justice according to Dharma, the Islamic system of Justice which came to India in the eighth century, the British system of Law, the Indian Penal Codes and the Constitution of India.
The book teems with case laws and quotes from several legal luminaries like M.C.Setalvad—who believed that the system is workable with suitable amendments.
Bhardwaj calls for a radical restructuring of the the three pillars of the judicial systems,---
1).The Laws—substantive and procedural.
2).Police,Prosecutors, Courts, Prisons.
3).Lawyers, Judges and Probation Officers.
The major problems of criminal justice arise out of the faulty investigations. Reasons for this are lack of proper investigation by the police, lack of public co-operation. The legal profession also has an important part to play in ensuring criminal justice.
A brief history of the Police in India is given---analysing the several police commissions, the Law Commissions. A cogent analysis is given of the crucial role of Public Prosecutors and Attorney Generals.
The Courts are established to provide redress for grievances and to satisfy the demands of justice. They are the arbiters of disputes between private parties and between the State and the citizens.
Bhardwaj emphasises that reporting by the Press of judgements and sentences should be fair and accurate.
Discussing the subject of Bail Bhardwaj says—Law relating to bail has not progressed much in India and it remains a matter of judicial discretion.
Criminal justice in a welfare society must be speedy and inexpensive. Judgements of Supreme Court point out that they fail to provide the desired assistance to courts in dispensation of criminal justice.
A new jurisprudence of human rights is being evolved in India slowly but steadily. It is now recognised that human rights are fundamental values, which are being incorporated in the laws of democratic countries.
This book is a very valuable guide to all students of law, members of the legal fraternity—even the common man interested in the nation's progress.
P.P.Ramachandran.
14/03/2021.
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