New Delhi, August 31
Prime Minister Manmohan Singh today asked the legal fraternity to ponder upon certain important questions raised by noted lawyer Fali Nariman in his latest book on various malaise of the Indian legal system, particularly the criminal justice in the face of the crimes perpetuated by terrorists.
“I was struck by Nariman’s remarks about how the legal system should deal with those who operate with intent outside the framework of legal system, like terrorists,” Dr Manmohan Singh said, speaking after releasing his book ‘India’s Legal System: Can it be saved’ at a function held at Panchvati Auditorium at PM’s official residence at Race Course Road.
Besides, Dr Singh specifically pointed to the “moral dimension” in law as had been referred to in the book.“The assurance of justice lies at the root of the idea of the rule of law,” he said. The Prime Minister said the book raised some very important question on the present state of “our judiciary, our legal system and, indeed, our social and national institutions and progress… division of powers between the legislature, the executive and the judiciary.”
He felt the need for political and social consensus on issues relating to problems of judiciary. “This is an area where we need political and societal consensus so that each of the pillars of our democracy and republic can be revitalised,” Dr Singh said.
He was in full agreement with Nariman’s views that was country’s laws with regard to the punishment of crimes were outdated and not in tune with the changing needs of the time and the “perverse” attempts to reform them had failed.
“I urge upon our legal experts, administrators and human right activists to study Nariman’s ideas and suggest ways in which we can improve our criminal justice system,” the Prime Minister said.
He also raised concern over “frequent” judicial interference in administrative action as pointed out in the book and on the law relating to contempt of court.
While thanking Dr Singh for sparing precious time to release his book, Nariman said: “There is a lot which about legal system of India needs to be interrogated.”
He also raised the issue of appointing ad hoc judges from among the retired judges.
Though there had been a lot of talk on qualitative and speedy justice delivery system, the “choice” relating to the appointment of judges was very limited as no good lawyer would like to get into the Bench from the Bar.
In view of this a solution lay in the appointment of ad hoc judges. But the problem arising was about their seniority.
Still he urged the Law Minister and Attorney General to ponder upon the idea and find a way out so that the vacancies of judges were filled with utilising the services and experience of retired judges.
