By Shariff Amreeuddin Ishaqui
Hyderabad, June 25: The Chief Justice of India, Mr K.G. Balakrishnan, said on Wednesday that jails in the country would soon become old-age homes because of the long delays in conduct of trials.
Addressing a seminar organised by the Retired Judges Association on crime and punishment here, Justice Balakrishnan said that inordinate delay in trials was resulting in overcrowding of jails with under-trials and prisoners.
“Most of the cases are pending for decades and a majority of the under-trial prisoners do not get bails on time,” he said. “A large number of them have attained the age of 70 or 80. If the situation continues like this, our jails will turn into old-age homes.”
The Chief Justice said that he was not in favour of the death penalty for rape. “There is every possibility of convicting an innocent with the help of a clever advocate and stage-managed evidence in our system.”
He also opposed severe punishment for accused in road accident cases keeping in view the condition of roads. “If we impose severe punishment, majority of drivers will land in prisons,” he said, and sought a public debate on the issue.
Justice Balakrishnan expressed concern at judges awarding different kinds of sentences to similar crimes and said these disparities need to be regulated.
“Most of the judges in the country are soft in nature,” he said.
“We hardly find judges who are strict in awarding deterrent punishment to the accused who are proved to be guilty.”
The Chief Justice said that judges should elicit the family background as well as the economic, social and educational profile of an accused during the course of trials.
“This system is prevalent in the West and will enable proper judgment,” he said
The CJI opposed severe punishment for accused in road accident cases.Keeping in view of road and other conditions it was very difficult to impose severe punishment in accident cases in the country.
"If we impose severe punishment on drivers majority of our drivers will land in prisons," he observed. He wanted a public debate conducted on this.
Justice A R Lakshmanan , Chairman National Law Commission said that police machinery has miserably failed to keep their functioning transparent and in ensuing equal treatment to the citizens.
"The lack of judges is not sole reason for the delays. It is the long procedures, cumbersome processes and the lack of accountability of the criminal justice system," he added.
Justice Lakhmanan did not favour the death punishment in dowry death cases. He argued that the life imprisonment for accused is justifiable in such crimes.
Justice Arijit Pasayat of Supreme Court said " imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise".
Justice A R Dave, Chief Justice of the AP High Court emphasised for deterrent punishment in heinous crimes
Hyderabad, June 25: The Chief Justice of India, Mr K.G. Balakrishnan, said on Wednesday that jails in the country would soon become old-age homes because of the long delays in conduct of trials.
Addressing a seminar organised by the Retired Judges Association on crime and punishment here, Justice Balakrishnan said that inordinate delay in trials was resulting in overcrowding of jails with under-trials and prisoners.
“Most of the cases are pending for decades and a majority of the under-trial prisoners do not get bails on time,” he said. “A large number of them have attained the age of 70 or 80. If the situation continues like this, our jails will turn into old-age homes.”
The Chief Justice said that he was not in favour of the death penalty for rape. “There is every possibility of convicting an innocent with the help of a clever advocate and stage-managed evidence in our system.”
He also opposed severe punishment for accused in road accident cases keeping in view the condition of roads. “If we impose severe punishment, majority of drivers will land in prisons,” he said, and sought a public debate on the issue.
Justice Balakrishnan expressed concern at judges awarding different kinds of sentences to similar crimes and said these disparities need to be regulated.
“Most of the judges in the country are soft in nature,” he said.
“We hardly find judges who are strict in awarding deterrent punishment to the accused who are proved to be guilty.”
The Chief Justice said that judges should elicit the family background as well as the economic, social and educational profile of an accused during the course of trials.
“This system is prevalent in the West and will enable proper judgment,” he said
The CJI opposed severe punishment for accused in road accident cases.Keeping in view of road and other conditions it was very difficult to impose severe punishment in accident cases in the country.
"If we impose severe punishment on drivers majority of our drivers will land in prisons," he observed. He wanted a public debate conducted on this.
Justice A R Lakshmanan , Chairman National Law Commission said that police machinery has miserably failed to keep their functioning transparent and in ensuing equal treatment to the citizens.
"The lack of judges is not sole reason for the delays. It is the long procedures, cumbersome processes and the lack of accountability of the criminal justice system," he added.
Justice Lakhmanan did not favour the death punishment in dowry death cases. He argued that the life imprisonment for accused is justifiable in such crimes.
Justice Arijit Pasayat of Supreme Court said " imposition of sentence without considering its effect on the social order in many cases may be in reality a futile exercise".
Justice A R Dave, Chief Justice of the AP High Court emphasised for deterrent punishment in heinous crimes
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