New Delhi: The All India Bar Association (AIBA) has threatened a countrywide boycott of courts if the amendments introduced in the Criminal Procedure Code were not withdrawn immediately.

In a letter to Prime Minister Manmohan Singh, AIBA Chairman Adish C. Agarwala and Vice-Chairman S. Prabhakaran said the notified amendments would take away the existing rights and liberty of individuals facing criminal trial. Lawyers would be constrained to boycott the courts if the Government did not act on its representation to withdraw the notification on the amendments.

The AIBA said the amendments were not only draconian in nature but also against the principles of natural justice. They would damage the basic rights of the accused enshrined in the Constitution and embolden politicians in power and the police.

Directorate of Prosecution

The AIBA is objecting to some of the following amendments: Section 25-A enables the State Government to establish a Directorate of Prosecution with a director and as many deputy directors as it wants. This will take away the independent practice of an advocate being appointed as public prosecutor and once appointed such public prosecutor will be put under the control of the Directorate. This is likely to create a rift within the prosecuting agency.

Section 358 gives powers for increasing the fine amount from Rs. 100 to Rs. 1,000 and it will pose hardship to citizens.

Amendment to Section 377 says "an appeal against the sentence on the ground of its inadequacy to the court of sessions if the sentence is passed by the magistrate and to the High Court, if any other court passes the sentence." If this amendment is brought in, it will embolden the hands of magistrate to avoid lenient sentences and will make such magistrates to pass stringent punishments disproportionate to an offence alleged against an accused.

Filing of appeal

Under Section 378 power is vested with the district magistrate to direct the public prosecutor to prefer an appeal to the sessions court from an order of acquittal passed by a magistrate. It is for the State to decide whether an appeal is to be filed or not and not for the district magistrate to direct the public prosecutor to file an appeal. Such powers cannot be given to the district magistrate who cannot play the role of being a judge and a prosecutor.

Section 291-A empowers executive magistrates to submit a report relating to identification of a document under dispute. Such a report cannot be allowed to be admitted straightway without the magistrate being called as a witness to adduce evidence.

Section 311-A empowers magistrates to identify signatures of the accused. This power is likely to be misused by the investigating officer by obtaining the signature of the accused on blank papers and to write whatever he wanted to frame the accused.

Printer friendly page  
Send this article to Friends by E-Mail