REVOLUTION IN JUDICIAL SYSTEM

Criminal justice sytem

From my book CHILDHOOD MEMOIRS

 The words crime, punishment, criminal etc. were coined in the feudal era. At the time of the the capitalist revolution in France ( 177 5 ), when wooly-eyed writers and intellectuals took it as the true revolution ,words like liberty, fraternity and equality came into vogue. Victor Hugo’s Le Mirable  for the first time, made us aware of the fact that  a thief is also a human being. Alas! We have forgotten Hugo. Is  his name mentioned in any text book?

No wonder. It is highly inconvenient to mention his name, now that money is the supreme deity (in Malayalam the word for a billionaire is KODEESWARAN !). How else can we explain public linching of a poor harijan boy in front of TV cameras? If we claim to be humanists, we should have intervened to save the poor boy. Let us re-read Hugo. The word criminal must be deleted from dictionary.

We are all fallible. I used to travel in DTC bus, paying the minimum fare, until I was caught. Did I earn money this way? It is just human tendency to enjoy any gain, howsoever pitifully trivial it may be! Yet I am not a miser. We have to continuously improve our own thinking, attitude, outlook and behaviour. (To thine own conscience, be true). The system should help us to become a true gentleman, in every sense of the term! Wash away the criminal in me. Lockup, police brutality and the jail will only make me a hardened criminal. Parents and teachers have empowered themselves to beat a child whose sole parent is God. Will He be happy with our conduct?

A pick pocket or smuggler is let away with light punishment. Their patrons are in the good books of the police. Does the system have any way of reforming a criminal? The latter is just a tool .There is no law for punishing the real villain who works behind the scene. This aspect has to be taken care of.

In the proposed set up, a team of dedicated people will conduct a thorough probe into all aspects of even a petty crime and recommend measures to eradicate it forever. If only an individual is concerned, he can be given work of cleaning the gutter, removing garbage or some such useful work. Jails can be converted into schools. Hardened criminals  can be chained like slaves and made to work hard.

The investigating team should be headed by a judge (A retired one may be preferred).

The members of the team must be well trained, thoroughly honest and dedicated. The whole department could be under the control of the Chief Justice of India and function independently, without interference from any quarter. All proceedings must be video recorded, but the proceedings must be  in camera, lest others involved may know what is happening and arm themselves accordingly. The culprit shall remain in humane custody. No bail, even if the crime is trivial. The whole lot of lawyers should be asked to go home and tend cattle!

At present they work only to distort or delay the investigation and save the culprit for the sake of money. How do we tolerate this brazen miscarriage of justice?

APPOINTMENTMENT OF JUDGES

Like the election commission, there shall be a permanent judicial commission. Appointment of judges will follow the same pattern as that of MPs (see Democratic Disfunction).T he judges too should work hard from 8 am to 6 pm every day, with weekly holiday by rotation; but they will get suitable salary because they are not elected by the people.

Even a shadow of suspicion shall debar him .Once appointed, he should work for life time, without any age limit, so long as he is healthy and willing to work .Transfer and promotion etc. must also be decided by the commission.

They may be removed any moment, if proved to be incompetent or unhealthy or on grounds for suspicion; otherwise they can serve indefinitely as in the US.(Their system is better in all respects. If their system is a motor car, ours is a bullock cart, with one wheel broken and the animal unable to pull !)

Any person, not necessarily an aggrieved one, on the basis of news ,a first information report may be lodged even by e:mail  The concerned judge shall immediately start investigation ,assisted by CIDs, police etc., but in strict secrecy .Any person may be arrested, including witnesses who shall remain in custody till investigation is over.The people detained must not be allowed to meet each other. All questioning shall be video recorded in the presence of the judge. Refusal to answer a question will be treated as confession .

The judgement shall be given then and there .

The whole system must function independently, without  interference from any quarter. Nobody will even come to know ; how can they meddle ?

The policemen must be like elder brothers to the citizens, in the model of the English police.