Jaipur: Chief Justice of India N V Ramana on Saturday called for steps to address the "grave" issue of the high number of undertrial prisoners that is affecting the criminal justice system, saying there is a need to question procedures that lead to prolonged incarceration without any trial.
He alos asserted that non-filling up of judicial vacancies and not improving the judicial infrastructure was the main reason for pendency of cases in the country. His remarks come after Union Law Minister Kiren Rijiju flagged the backlog of 5 crore such cases.
Out of 6.10 lakh prisoners in 1,378 prisons in the country, nearly 80 per cent are undertrial prisoners, Ramana said at an event here and lamented that in the criminal justice system, the process "is a punishment".
He described jails as black boxes and said that prisons have a different impact on different categories of prisoners, particularly those belonging to marginalised communities.
In the criminal justice system, the process is a punishment. From indiscriminate arrest to difficulty in obtaining bail, the process leading to prolonged incarceration of undertrial prisoners needs urgent attention, he said.
We need a holistic plan of action to increase the efficiency of the administration of the criminal justice system, the CJI said at the inaugural session of the 18th All India Legal Services Authority in Jaipur.
CJI Ramana said that prolonged incarceration in huge numbers without a trial needs attention. However, he said that the goal should not be limited to enabling the early release of undertrial prisoners.
Rather, we should question procedures that lead to such prolonged incarceration in huge numbers without a trial, he said. The two-day meet is being organised by the National Legal Services Authority (NALSA).
Ramana also said that political opposition is translating into hostility which is not a sign of a healthy democracy. He said there used to be mutual respect between the government and the opposition, which is diminishing."Political opposition should not translate into hostility, which we have been sadly witnessing these days. These are not signs of a healthy democracy," Ramana said. At the event, the CJI also inaugurated NALSA LACMS portal, mobile app and ePrisons initiatives.
The two-day meeting is being attended by the judges of the supreme court and high courts. In the inaugural session, Law Minister Kiren Rijiju, Chief Minister Ashok Gehlot and others were also present.