Hasty arrests, near-impossible bail show need for overhaul: CJI

The space for Opposition is diminishing, says Justice Ramana

Chief Justice of India N.V. Ramana, Rajasthan Chief Minister Ashok Gehlot, Union Law & Justice Minister Kiren Rijiju during the 18th All India Legal Services Authorities Meet, organised by National Legal Services Authority (NALSA), in Jaipur, on July 16, 2022. | Photo Credit: PTI

Chief Justice of India N.V. Ramana on Saturday said aimless and hasty arrests, locking up undertrial prisoners in jail for long spells and making it almost impossible for them to get bail are proof that the system is in dire need of an overhaul.

"In our criminal justice system, the process is the punishment. From hasty indiscriminate arrests, to difficulty in obtaining bail, the process leading to the prolonged incarceration of undertrials needs urgent attention," Chief Justice Ramana said in a scathing comment on the onslaught on human rights.

The CJI said it is a "grave issue" that 80% of the 6.10 lakh prisoners across the country are undertrials. The top judge said time has come to question the procedures which result in such prolonged incarceration without trial.

The Chief Justice was speaking at a legal services' meet organised at Jaipur in Rajasthan.

Chief Justice Ramana said the “space for Opposition is diminishing” in the country. The quality of legislative performance is in decline. Intended benefits of laws do not reach the people. He was speaking later at the Rajasthan Legislative Assembly on the 75 years of parliamentary democracy.

The CJI said there was a time when the Opposition played a stellar role in the legislature. That was mutual respect between the government and the Opposition and laws were passed after deliberation and scrutiny.

“Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious. The diversity of opinion enriches polity and society. Political opposition should not translate into hostility, which we are sadly witnessing these days. These are not signs of a healthy democracy,” the CJI said.

He said a vibrant and strong Opposition corrects the government. “After all, Project Democracy is a joint effort of all the stakeholders,” the CJI said.

Earlier in the day, the CJI responded to Union Law Minister Kiren Rijiju's comments about pendency. He said the answer lay in the government expediting the process of filling up judicial vacancies and forming independent authorities to develop judicial infrastructure.