Recently, the Government of India is going to bring radical changes in the matter of investigations and trial of cases in the judicial courts. To give justice to the common man, it is felt since long to bring changes in judiciary process and to amend the code of Criminal Procedure (CrPc), which is working since the British regime in India.
The colonial laws are still prevailing in India, and their chances are taken by the unscrupulous police employees, politicians and wealthy people of the country. So it is desirable that magistrates and judges are acting mechanically on the prosecution report filed by police and other investigating agencies. The practices followed in European nations in respect of awarding justices to common people will be followed in India in the interest of the common man. So the Government of India is going to amend the Code of Criminal Procedure where the trial courts can confidently take steps. It is quite welcomed.
It is learnt that the present Union Government is very much worried, because the culprits are roaming scot-free in major criminal cases of serious nature. So the common people have lost their faith from the police and judiciary. This is also seen that, due to faulty investigations of police and other investigating agencies, the accused persons are easily escaping from the charges during trial; and the judges are disposing of the cases liberally. Such things are quit known in our country and also our State as well. These colonial laws give opportunities to State and Central police to earn sumptuous ill-got money harassing the common man.
It is quite welcomed to bring the faith of the common man of the country on the police as well as on the country’s judiciary which works aimlessly. Presently, a committee has been formed under the chairmanship of Union Minister of law Rabi Sankar Prasad, where the Registrar of the Supreme Court along with other high ranking dignitaries are the members. They will take the decision regarding necessary amendments of the prevailing code of criminal procedure.
The colonial laws were first enacted in India during 1861 through the approval of British crown and subsequently amended in 1969 and 1972 after dependence. But the basic colonial thoughts to rule the people of India to make the people of India as their subservient are still working in the sovereignty of democratic India and which is needed to be replaced as quickly as possible. Now the present Union Government desires to make such an enactment through this code of Criminal Procedure which will empower the trying judges to strive out truth in every case during trial. The trying Magistrates can direct the investigating officers to follow their instructions in concerned cases to establish the truth. Similarly, the judicial Magistrates can issue summons to the
persons, whom they desire to examine in particular cases to explore the truth.
The most welcoming steps are going to work that, there will be two separate wings in police administration. When one wing will look after the law and order problems of the State, the other will investigate the cases and finally, submit the cases to the judicial courts for trial. The present system of police administrations will be dispensed with. Modern technologies for investigation of Government Registered cases will be followed. The general belief on police administration will somewhat be lessened after thorough amendment of present code of criminal procedure. The hypocritical administrations in all spheres of business in our democracy will somewhat come down and the faith of common man on administration will definitely improve. Over and above, more importance will be given on collection of material evidences in the cases by the technically trained Crime Branch officers to provide lawful support to the prosecutions to punish the culprits. Besides, highly sensitive and important cases will not be investigated by one investigating officer, but by a team of officers. If there would be any instance of false case found in the investigation or in the trial stage, the complainant (s) will be stiffly punished through judicial process.
The collection of material evidences and their scientific values including the seizure lists and seizure reports prepared by the investigating officers are very vital for successful investigation of prosecution cases. In many cases, the material evidences are ignored by the prosecuting officers. It may be deliberate or otherwise and in many instances, the misuse and mishandling of laws are seen. So the colonial laws should be overridden by the proper and just actions of laws to maintain social harmony.
At present, the general police are given the powers to book the cases, to investigate the cases, and to prosecute the accused persons for trial. Over and above, the general police are given the power of executive magistrate to up keep the law and order in the public. The heaping up much of power on police to maintain law and order now has proved that some unfaithful public servants mishandle the same. So the Government of India has taken right decisions to bring procedural changes in the Act.
The similar procedural changes should be made in Revenue laws for perfect and litigation free maintenance of revenue records. Now much of power is given to the Tehsildars right from collection of land revenues to settling land disputes and mutating of ownerships in land matters. Generally, in a country like India, where agriculture is the mainstay of the economy, there must be fair deals in administration of land records. Now a large number of civil disputes are pending in different law courts and every day new cases are pile up.
Our country’s judiciary is mainly busy for criminal as well as civil disputes, as far as State police as well as the State Revenue Department are concerned. As it is observed the corruptions in these departments are very common. So, the people in general have lost faith on the State police, State Revenue and somewhat on judiciary for long delays in disposing of cases. The civil disputes are going on for generations for judicial verdict. This is most time consuming process to get the result.
These two departments of the Government are most vital to restore law and order problems in the country. These two organizations are complimentary to each other in case of maintenance of peace in the public life. The major criminal conspiracies are seen in land deals.
Specially, the Government lands and lands of weaker sections of the society are grabbed by the powerful people of the society. The division of works in Home and Revenue administration is so far proved best to establish public order. Previously, the settlement department or the consolidation department was doing best possible tasks in the matter of land management of the State, but since the settlement/ the consolidation department is abolished and all the powers relating to land matters restored on the Tehsildars, the gambling on land matters is rising fast.
(The writer is a former senior forest officer and an environmentalist. Tel no 9937460649)