Vachathi, a failure of criminal justice system

CHENNAI: Verdict after almost two painful decades. Is it a pointer to a shaky criminal justice system in the country? When Express spoke to a host of jurists, they concurred with this view and advocated an overhaul of the justice delivery mechanism.Pointing out that the Representation of the People’s Act had provisions for time bound disposal of election petitions, Justice S Mohan, former Judge of the Supreme Court, said that a similar provision was needed in other laws as well.“We have a one year stipulation to dispose of election petitions. Why should we not have similar provisions across the board to ensure justice within a reasonable time? ,” he asked. But noted criminal lawyer A Natarajan, however, had a different take. “You cannot term it as delay. They [accused] are exercising their rights guaranteed by the Constitution. There cannot be a rigid time frame in criminal cases. ”Former Advocate General P S Raman said, “Existing criminal laws provide for punishing the guilty. It is intended as a deterrent to criminals. However, if the trials do not take place fast enough to establish guilt, the deterrence factor diminishes.”Asked if extraordinarily delayed cases did not weaken the credibility of witnesses and influence the verdict, H Suresh, former Judge, Mumbai High Court, said hardcore criminals had become “fearless” due to this. “In delayed trials that take place after about eight or nine years of the crime, witnesses often tend to forget the sequence of events. Criminals take advantage of such a situation.” Stressing that justice should be rendered to both the accused and victims, he opined, “I think it is a failure of our system.”Eminent advocate R Vaigai wondered what would be the fate of crimes tried under ordinary laws if a case under a special legislation could take 20 years. “The SC/ST Prevention of Atrocities Act specifically provides for immediate relief. In this case, it took 15 years even for partial relief to be granted.”Renowned activist-lawyer Sudha Ramalingam said social activists and a vigilant judiciary ensured justice here. “The long delay is an abuse of the process of law. It shows the reluctance of the State and connivance of the police.” She said several quick reforms were the need of the hour like scientific recording of evidence .