Judges concerned, but problems stay

For decades the tone and tenor of the judiciary, vis-a-vis its concern for speedy dispensation of justice and protection of witnesses, hasn’t changed. Neither has its take on exemplary punishment for those accused of heinous crimes. But nothing has changed for the victims.

So the concerns have virtually lost their importance for the common man. Nevertheless, it’s often said that repeated hammering could make a dent on a strong sheet.

In the early 80s, judges like justice VR Krishna Iyer, justice PN Bhagwati, late justice DA Desai and O Chinappa Reddy were famous among people as the ‘custodians of their rights’. Former Union law minister P Shiv Shankar had the guts to say that the apex court was meant for smugglers, bride-burners and the corrupt. He faced contempt proceedings but got a reprieve with judges saying that the minister’s outburst demonstrated his concern.

Lately, the Supreme Court has reminded courts of their duty to protect witnesses and victims so that the country’s justice system isn’t “hijacked by the high and mighty accused.”

A bench of justices BN Agrawal, GS Singhvi and Aftab Alam expressed anguish at the indifferent attitude of a section of the judiciary in dealing with the rich and influential who leave no stone unturned to derail the course of justice. “We must add here that this indifferent and passive attitude is not confined to the BMW trial or to the Delhi high court alone. It is shared in greater or lesser degrees by many other high courts,” it said.

“From experiences in Bihar, one would come across reports of investigations being deliberately botched-up or been hijacked by some powerful and influential accused, either by buying or intimidating witnesses or by creating insurmountable impediments for the trial court and not allowing the trial to proceed,” judges said.

“Every trial that fails due to external interference is a tragedy for the victims. More importantly, every frustrated trial defies and mocks the society based on the rule of law. Every subverted trial leaves a scar on the criminal justice system. Repeated scars make the system unrecognisable and it then loses the trust and confidence of the people,” SC said.