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In his keynote address of the Chief Ministers and Chief
Justices, Supreme Court Chief Justice Y.K Sabharwal said
that the criminal justice system in India is on the verge of
collapse and asked the executive to bear part of the load.
Sabharwal said, “not much has been done for improvement of
the investigative and prosecution machinery” and bemoaned
that “significant suggestions for separation of the
investigative wing from law and order duties…still lie
unattended.” He warned, “no economy can succeed if the
justice delivery system is not speedy and efficient.” He
called for changes to the Criminal Penal Code (CrPC) so
witnesses at cannot change evidences on record will due to
coercion, fear, or inducement. The India Parliament is
likely to introduce changes to the Criminal Penal Code (CrPC)
in the next session that will make it harder for witnesses
to change their accounts and enable investigators to
complete their cases in time. It may also allow for a
witness protection program to protect witnesses against
powerful politicians, actors, or sportspeople who have
criminal connections. Several high profile cases have been
compromised in the recent past where eyewitnesses have been
threatened, bribed, or coerced to change their accounts.
Last week, Zahira Sheikh was sentenced to a year
imprisonment for perjury in the “Best Bakery Case.” However,
many analysts and watchers see this as a victimization of
the victims twice over when the law enforcement and
investigative agencies do not offer any protection to
witnesses. The danger to the proposed changes is that
police, not known for consistently observing human rights,
may be manipulated by interested parties may extract a
beneficial “confession” or “recording” that may not be the
truth.
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