Days after the implementation of the three new criminal laws in the country, former Supreme Court Bar Association (SCBA) president and senior advocate Adish Aggarwala wrote to Prime Minister Narendra Modi, suggesting steps to strengthen the implementation of these laws.
Aggarwala, in his letter to the prime minister, sought to increase the strength of police personnel, judicial officers, public prosecutors, and managers for court management.
“The Congress/UPA era laws for time-bound judicial processes never succeeded as such, because they were implemented de hors the infrastructure that would have sub-served the cause of expedited delivery of justice,” said Aggarwala.
“When I refer to the necessary infrastructure, I primarily emphasise upon the numerical strength of the judicial officers, courts, forensic experts, and even police personnel. The Congress/UPA era laws were destined for failure, as the said regime lacked the gumption to increase the number of judges or to bring about other ancillary reforms, which in turn deprived the public of the desired result of expediting the disposal of various kinds of cases,” the letter read.
Hailing the three new laws, Aggarwala, who is also the chairman of All India Bar Association (AIBA), said the new laws sparked an undercurrent of hope among the masses that finally the proverbial era of “getting dates one after another, but not justice” shall cease to exist.
“Speaking of the current times, the citizenry of our great democracy, have by and large received your reforms positively, and see you as a beacon of hope, who put an end to colonial-era relic by enacting the three new laws. Indeed, no one but a leader of your courage and strength could have ensured smooth passage of the enactment of the new laws at the risk of unsettling the status quo that plagues our snail-paced judicial and police systems,” the letter penned by Aggarwala read.
The senior advocate also highlighted that since the government had lost majority and is currently in a coalition, some frustrated elements are now opposing the new laws.
“Now that you have taken over as the Prime Minister of India, for a historic & record third term, with the support of TDP and JDU, some frustrated elements who never earlier opposed these three criminal laws are suddenly up in arms against the new laws despite the fact that even the sitting Chief Justice of India Dr Justice DY Chandrachud has welcomed these Acts by publicly asserting that the new Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a holistic approach to deal with crimes in the digital age,” he said.
“Mr Kapil Sibal who succeeded me as the President of the Supreme Court Bar Association has also criticised these three Acts. In fact, in a recent instance, Mr Sibal went as far as saying that these laws are much worse than the repealed colonial laws. Mrs Indira Jaising criticised these three Acts and said it will be a mess,” read the letter.
Citing historical challenges and the existing backlog of over 40 million cases across Indian courts, Aggarwala stressed the urgent need for increased judicial personnel and court facilities. He also highlighted deficiencies in police force numbers and the critical shortage of forensic experts, crucial for ensuring thorough investigations and forensic analysis.
He also lauded the prime minister for taking a bold step and said: “Given your proven track record, firstly as the chief minister of Gujarat, and now as the Prime Minister of India, I have firm faith that if the provisions of these Acts are properly implemented, and its roots watered with proper infrastructure, everyone irrespective of his or her political affiliation will worship you as the leader who championed the cause of delivering measurable justice to every citizen of the country, and in a time bound manner.”
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