The Supreme Court (SC) Justice Abhay Oka criticized the Maharashtra government on Saturday (February 15, 2025) for the lack of infrastructure for the judiciary, while the neighboring Karnataka was different, claiming the situation in Karnataka.
Justice Oka was a judge in the Bombay High Court (HC), before he was appointed as the Chief Justice of Karnataka HC, from where he was elevated in the apex court.
Justice Oka said, “Speaking at the Ashok Desai Memorial Lecture on what is our criminal justice system”, Justice Oka said, “We struggle to get a infrastructure from the Maharashtra government. We lack infrastructure. .
However, he was in a hurry to add that there has been a change in the last five years.
Justice Oka, like Karnataka HC’s Kalaburagi Peeth, said, “It is very different in Karnataka. The judiciary asks the government. The landscape in Maharashtra is very different.
The diseases that plague the criminal justice system are very high and collectively this system has not met the expectations of the common man, said Justice Oka.
Speaking on the capital punishment, the SC judge said he was personally against the concept and called for a debate with all stakeholders.
Justice Oka said, “We really need to introspect if our system needs capital punishment. It is a debate whether the state can take someone’s life. We need to see whether capital punishment There is a barrier, “Justice Oka said.
Senior SC judge also emphasized that there was a bail rule and exception was imprisoned.
Referring to Section 41 of the Criminal Procedure Code (CRPC), he said that it was not necessary or mandatory for the police to arrest each accused in cases where the crime is punishable with a jail sentence of more than seven years.
“The presence of accused for investigation can be secured by issuing summons. But the ground level reality is very different. Citizens, NGOs, political leaders and media put a lot of pressure on police machinery. Political leaders make statements That they will ensure that they will ensure that the accused is arrested and placed behind bars, “said the judge of the apex court.
He said, “This is a tragic reflection of the protest tendency that is still present in our society. People still believe that once a person is arrested, he is guilty,” he is guilty, “he is on social media on social media He said while criticizing.
“Every citizen has the right to criticize the decisions. But it has to be criticized creatively. But this media testing or testing on social media platforms is not correct. People lack the basic primary knowledge of our criminal justice system. Do not know the difference.
Justice Oka said that two or three decades ago, the courts used to bail without going into the case, but it cannot be done now.
With restrictions imposed on bail in new legislations such as prevention of illegal activities (UAPA), Money Laundering Act (PMLA) and drugs and drugs and psychotropic substances act (NDPS), the courts are forced, with restrictions imposed on bail, the courts are forced, prima face, Go to the facts of Justice Oka said that the matter while deciding the bail argument.
“The courts burdened with these cases are not able to hear regular bail cases. If you look at very old cases, HC only granted bail. And anyone used to say anything. But nowadays, nowadays, High Courts and Supreme The court has a lot of tease, “he said.
Justice Oka commented, “We need to go into details.
Saying that the burden on the judiciary increases when the police fail to provide redressal to the common man, the SC judge said, “A common man reaches the court when the police do not complain and also when he feels that when he feels Is not the investigation being done properly. Is.
Speaking at the event, Justice Revathi Mohite Dera of the Bombay High Court said that the judge was slanting for the population ratio in the country.
He said that the criminal justice system faces many challenges such as delays in testing, overgrowth courts and congested jails.
Justice Mohite Dera also urged for a strong witness conservation scheme.
Published – 15 February, 2025 05:42 pm IST
