Former CJI urges empathy in justice system
Former Chief Justice of India (CJI) Justice Sanjiv Khanna on Saturday said there is a prevailing perception that law enforcement agencies exist to harass rather than help, and this fear prevents people from approaching them, allowing cybercriminals to exploit the situation and harass individuals digitally.
“Instead of seeking justice, many end up paying the harassers out of fear,” he said, adding that “it’s time law enforcement became more approachable and public awareness increased, a two-way process that can truly help address the issue.”
Justice Khanna was addressing the TPF – Dayitva: National Legal Conference on Combating White-Collar Crime, organised by the Terapanth Professional Forum (TPF) at in the national Capital on Saturday. He described white-collar crime as “an evolving threat that corrodes the moral fabric of society” and called for greater sensitivity in applying financial laws.
“Every act or failure to act that has financial implications cannot be painted with the same brush,” he said, urging lawmakers to distinguish between intentional fraud, unintentional error, and procedural lapse. He added that “the strength of the justice system lies not in the severity of punishment but in the certainty of justice.”
Highlighting the need to strengthen the enforcement framework to combat white collar crime, former Director of Enforcement Directorate (ED), Karnal Singh said that India urgently needs to adopt a “lead agency” concept to harmonise investigations conducted by multiple enforcement bodies. He observed that lack of coordination among agencies often weakens the fight against complex financial offences.
“Often, there is little cooperation among investigative bodies probing the same case. Agencies are reluctant to share evidence or documents seized during investigation,” he added, noting that this results in duplication of effort and incomplete prosecution. Offering an economic perspective, Ashish Kumar Chauhan, Managing Director and CEO of the National Stock Exchange (NSE), observed that as societies become more prosperous, “crimes turn more white.”
Citing a senior judge’s observation, he noted that the ratio of violent to commercial crimes had reversed over two decades, from 80 per cent physical offences to 80 per cent financial or cybercrimes. “Today, money is no longer stolen from pockets but from systems. UPI may have removed cash, but not corruption. It has only made the thefts digital,” he remarked.
Raj Kumar Nahataa, National Convenor, TPF said, “White collar crime is not a victimless offence. Every scam robs us of opportunity, every fraud delays our development,” adding that in this wake there is an urgent need for the professional class to get ready to shoulder new responsibilities by becoming collective whistleblowers, guardians of ethics and protectors of our nation/s moral wealth.
The TPF — Dayitva Confe-rence, attended by over a thousand professionals from law, finance, medicine and academia, featured discussions on ethics, compliance, governance, and the evolving statutory framework to address financial crimes, aligning with India’s vision of ‘Viksit Bharat 2047’.
As the day concluded, a unifying message echoed across the sessions: India’s journey towards development will remain incomplete without restoring public faith and integrity in institutions. As Justice Khanna summed up, white-collar crime “challenges not only the boundaries of law but the conscience of governance itself.”
